CAN A MARRIED WOMAN USE HER MAIDEN NAME IN HER PASSPORT?

Question: May a woman, who have been using her husband’s surname, choose to revert to the use of her maiden name despite the subsistence of her marriage?

Answer: Yes. Article 370 of the Civil Code provides as follows:

ART. 370. A married woman may use:

 (1)       HER MAIDEN FIRST NAME AND SURNAME AND ADD HER HUSBAND’S SURNAME, OR

(2)       HER MAIDEN FIRST NAME AND HER HUSBAND'S SURNAME, OR

(3)   HER HUSBAND’S FULL NAME, BUT PREFIXING A WORD INDICATING THAT SHE IS HIS WIFE, SUCH AS “MRS.”

The use of the word “may” in the above provision indicates that the use of the husband’s surname by the wife is permissive rather than obligatory. This has been settled in the case of  Yasin v.Honorable Judge Shari’a District Court. A married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided by Article 370 of the Civil Code. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage.  She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status.  Further, this interpretation is in consonance with the principle that surnames indicate descent.

Question: For purposes of renewal of passport, can a married woman discontinue using her husband’s surname as indicated in her existing passport and now use her maiden name despite the subsistence of her marriage?

Answer: Generally, no. Such discontinuance in the renewal passport can only be allowed in three instances, namely: (1) when she has been divorced and the divorce decree is recognized under existing laws of the Philippines; (2) or widowed; (3) or whose marriage has been annulled or declared by court as void.   This is consistent with Section 5(d) of Republic Act 8239 which is the law governing passport issuance. Outside of these three instances, a married woman can not resume her maiden name in the replacement passport.

Question: But can such married woman discontinue using her maiden name and now use her husband’s surname in her replacement passport?

Answer: Yes. In the case of renewal of passport, a married woman may either adopt her husband’s surname or continuously use her maiden name.  If she chooses to adopt her husband’s surname in her new passport, the Department of Foreign Affairs (DFA) additionally requires the submission of an authenticated copy of the marriage certificate. Otherwise, if she prefers to continue using her maiden name, she may still do so.  The DFA will not prohibit her from continuously using her maiden name. (Ma. Virginia V. Remo vs. Secretary of ForeignAffairs, G.R. No. 169202, March 5, 2010)