Is it legal for my friend to get a new passport using her maiden name, since her passport, which has expired, has her husband’s surname on it? Their marriage has neither been annulled nor declared null and void.
The law does not compel a married woman to use the surname of her husband, she is at liberty to use or not to use the same. This is according to Article 370 of the New Civil Code of the Philippines, to wit:
“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.”
Clearly, the aforementioned law gives a married woman the option to use the surname of her husband or to continue using her maiden name. Thus, a married woman is not obliged to use her husband’s surname. This was elucidated by the Supreme Court in the case of Maria Virginia V. Remo vs. The Honorable Secretary of Foreign Affairs (G.R. No. 169202, March 5, 2010; ponente: Associate Justice Antonio Carpio) as follows:
Clearly, 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.
Nevertheless, according to the case, a married woman who started to use her husband’s surname in her passport cannot revert to the use of her maiden name, unless their marriage has already been annulled, declared null and void or she was divorced by her foreigner husband and the divorce was already recognized in the country. The Supreme Court in this case further explained:
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 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.
However, once a married woman opted to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in the cases enumerated in Section 5(d) of Republic Act 8239. These instances are: (1) death of husband, (2) divorce, (3) annulment or (4) nullity of marriage. Since petitioner’s marriage to her husband subsists, she may not resume her maiden name in the replacement passport. Otherwise stated, a married woman’s reversion to the use of her maiden name must be based only on the severance of the marriage.
Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.
We hope that we were able to enlighten you on the matter.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com.