A day after your wedding, you excitedly updated your Facebook status and added your husband’s surname to your last name. However, you wonder how you can also reflect this change on your legal documents in the Philippines. In this article, I’ll discuss the laws, rules, and regulations governing the use of the surname of a married woman in the Philippines, and talk about the pros and cons of adopting your husband’s last name after getting married. I’ll also give you an overview of the requirements and procedure for changing the last name in legal documents as well as some helpful tips to help you with the process.
DISCLAIMER: This article has been written for general informational purposes only and is not legal advice or a substitute for legal counsel. You should contact your attorney to obtain advice with respect to any particular issue or problem. The use of the information contained herein does not create an attorney-client relationship between the author and the user/reader.
The main provision of the law on what surname to use after getting married is Art. 370 of the New Civil Code 1 . The law says that a married woman may use any of the following:
Hyphenated surname simply means your surname is now your maiden name + your husband’s surname joined by a hyphen. Some women prefer using a hyphenated surname for several reasons, one of which is when they have already established a name for themselves or have successful careers in their field, thus wanting to retain their identity at the same time recognizing their new status as a married woman.
To illustrate, suppose you are Maria Tan Cruz, and you married Daniel Garcia. Your new full name will be:
Maria Tan Cruz-Garcia or Maria T. Cruz-Garcia
What about your children? If you choose this option, will they also use a hyphenated surname? The answer is no. Under Sec 384 of the New Civil Code, legitimate and legitimated children shall principally use the father’s surname.
Some women prefer to drop their maiden name and adopt the last name of their husband as their new surname. This option is handy if you have a long name, and hyphenating your husband’s surname would make it even longer.
Imagine if you have three first names and two surnames, a common practice in the Philippines (e.g., being Maria Christina Angelica Del Castillo getting married to a Villa Roman). Hyphenating your husband’s surname will be a pain, especially if you fill out forms where you need to write one character per box. In this case, using your husband’s surname seems the practical option.
Using the same example in the previous option, you will simply be referred to as Maria Cruz Garcia or Maria C. Garcia, dropping Tan as your middle name and replacing it with your maiden name, Cruz.
I have not encountered anyone using the third option, but if you want to be different and radical, you are also allowed to use your husband’s full name as your new identity and simply add Mrs. to mean you are the wife of your husband.
Simply put, you can be Mrs. Daniel Garcia moving forward.
Yes, you definitely can retain your maiden name even if you are already married.
In the case of Yasin vs The Hon. Judge Shari’a District Court 2 , reiterated in Remo vs. the Hon. Secretary of Foreign Affair 3 , the Supreme Court, citing Tolentino 4 ruled that Article 370 of the New Civil Code used the word “may” which means that it is not mandatory to use the above three options. Married women have an option, but not a duty, to use the surname of the husband in any of the ways provided in Art. 370 of the New Civil Code.
In short, a married woman can use her maiden name even after marriage because the law uses the permissive word “may” which makes it not obligatory.
However, even after this pronouncement of the Supreme Court, some government agencies and private entities still do not allow a married woman to have the option to use her maiden name. The Philippine Commission on Women (PCW) received several complaints from private individuals on the discriminatory policies of government agencies and private institutions requiring married women to use the husband’s surname in accomplishing application forms and other records.
As a response, the PCW issued Memorandum Circular No. 2016-07 5 addressed to government agencies and private institutions mandating the latter to allow married women to retain and use their maiden name.
The Land Transportation Office (LTO) issued a similar Memorandum dated 01 October 2020 6 , prohibiting the following actions when applying for Student-driver’s permit, Driver’s license, and Conductor’s license:
Gone are the days when women simply adopted the husband’s last name because it is customary and dictated by a long-standing tradition. With the growing movement on feminism and empowered women, the alternative of retaining the maiden name is enticing.
While adopting the husband’s surname or retaining the maiden name after marriage is a personal preference and sometimes a matter of practicality, what are the pros and cons of this important decision?
Surveys and forum yield the following reasons for some women to change or not to change their surname after marriage:
Perhaps one of the dominant reasons a woman chooses to adopt the husband’s surname is because she wants her and the children to have the same family name, thus, creating a cohesive family unit and inclusive environment for her children. If she uses her maiden name, the public might think she’s not the birth mother which might create problems or a lot of explaining when traveling with the children.
As a married woman, society expects her to have the same last name as her husband. The Philippines still adheres to strict traditions; thus, she might raise some eyebrows if she uses her maiden name, especially if all the married women in her family adopted their husband’s last name. She’ll need to carry a lot of patience explaining to her friends, family, and the public of her choice. To avoid confusion and to stick to tradition, some women simply adopt the husband’s surname.
Some women find it romantic to use the husband’s surname. It shows their commitment to the marriage. Changing the surname marks a new chapter as a married woman and bonds the couple as a family.
I know of a person who says she’ll use her husband’s surname when she gets married because she doesn’t like her surname. She said she’s been using it for too long, so she wants to use her husband’s surname for a change.
Admit it or not, some surnames are good to have due to their prominence in the community. Hence, if a woman happens to marry a person with such a last name, her tendency is to adopt it as well to instantly upgrade her status and gain favors from society.
On the other hand, here are some of the reasons women choose to retain their maiden name:
Some women prefer to retain their maiden name even if they are already married because they have been known in public for such a name. They have already established a career or a brand with their last name; hence, changing it will erase their identity. In addition, old friends and acquaintances might not recognize them with the new last name.
Imagine going to different offices and lining up to get a new ID. For some women, this is a lot of paperwork; hence retaining the maiden name is more practical.
It’s a reality these days that more couples are separating. If a woman had adopted her husband’s last name and they later on separated, she cannot legally revert to her maiden name without going through the legal process. There are many cases of women wanting to get back to their maiden name after a long separation from their husband but they cannot simply because they are not yet legally annulled or separated. Carrying the last name of their estranged husband becomes a curse.
Some women are huge advocates of feminism. For them, changing their last name is conforming to an old tradition that is no longer applicable in a dynamic society. Using the husband’s last name is being subservient and goes against equality. Some argue that a woman is not the property of the husband. Just because one got married means she has to change her identity.
Some women find hyphenating the surname as the best option as they get the best of both – using the husband’s surname at the same time retaining their own identity and honoring their lineage.
However, as discussed above, it might be a different story if a woman has a particularly long name and hyphenating would make it even longer, or in cases where she simply doesn’t like her husband’s last name.
Changing the surname or retaining the maiden name after marriage is really up to the woman. There is no right or wrong answer as the choice depends on her personality, preference, and lifestyle.
A woman should do what feels right to her.
Now, after careful consideration of the pros and cons, you have finally decided to change your surname. What are the requirements and procedures?
Let’s discuss each.
Note: Check the appropriate choice in oval, i.e., APPLICATION FOR CHANGE OF NAME DUE TO MARRIAGE OR COURT ORDER/CORRECTION OF ENTRIES IN THE VOTER’S REGISTRATION RECORD.
If you don’t have access to a printer, you can personally go to the Office of the Election Officer (OEO) of the city or municipality where you are currently registered, and fill out the CEF-1 on-site.
Alternatively, you can also use the iRehistro web app and follow the instructions provided by the app.
Please note that you should NOT sign or affix your thumb mark on the application form as you must do this in the presence of the Election Officer or an Authorized COMELEC Representative.
Yes, you can. It is perfectly okay and legal to use your maiden name even after marriage. As discussed in this article, a woman is given four options under the law on what surname to use after marriage, i.e.,
There is no specific number of days or timeline on when you are required to change your name after marriage. In fact, you are not even required to change your surname. However, you do need to change/update your marital status on your public documents as soon as practicable because your status has legal implications, e.g., taxation, benefits, and beneficiaries, among others.
If you have already decided to use your husband’s surname going forward, it is practical to update/amend your last name during your visit to save you time.
No, you cannot. Separation for ten years is not a valid reason to revert to your maiden name in your passport. Under Section 5(d) of R.A. 8239 7 , you need to present a copy of the following if you wish to revert to your maiden name:
No, you cannot automatically revert to your maiden name. Under Section 5(d) of R.A. 8239, a woman may revert to the use of her maiden name only if the divorce decree is recognized under the laws of the Philippines.
The Philippines recognizes divorce under the following scenarios:
Kareen Lucero is a lawyer previously doing litigation before working for different agencies in the government and for a multinational corporation. She has traveled to 52+ countries including a 3-month solo backpacking in South East Asia and more than 1 year of solo traveling across four continents in the world. As part of giving back, she is passionate about sharing her knowledge of law and travel. She is currently doing consulting work for a government agency. For inquiries, you may reach her via Facebook Messenger (https://m.me/kareen.lucero.77) or email ([email protected]).
All materials contained on this site are protected by the Republic of the Philippines copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of filipiknow.net or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright, or other notice from copies of the content. Be warned that we have already reported and helped terminate several websites and YouTube channels for blatantly stealing our content. If you wish to use filipiknow.net content for commercial purposes, such as for content syndication, etc., please contact us at legal(at)filipiknow(dot)net
