Can a Married Woman Keep Her Maiden Name?
Quick answer
Yes. Philippine law does not require a married woman to take her husband's surname. Article 370 of the Civil Code says a married woman "may" use it, and the Supreme Court held in *Remo v. Secretary of Foreign Affairs* (2010) that this is an option, not a duty. When a woman marries, the Court said, she does not change her name but only her civil status. For passports, the New Philippine Passport Act (Republic Act No. 11983) now lets a married woman go back to her maiden name once.
What does the Civil Code say?
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
The third option in the article is the husband's full name with a word showing she is his wife, such as "Mrs."
In *Remo*, the Supreme Court said: "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." It added that a married woman "is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage."
So a woman named Joan Reyes who marries a man surnamed Cruz may use, for example, Joan Reyes Cruz, Joan Cruz, Mrs. (husband's full name), or simply keep Joan Reyes.
What about the passport?
The passport rule has changed since *Remo*. That case was decided under the old Philippine Passport Act of 1996 (Republic Act No. 8239). Under that law, the Court said a married woman who had already used her husband's surname in her passport could go back to her maiden name only in four cases: death of the husband, divorce, annulment or nullity of marriage.
Republic Act No. 8239 has been repealed by Republic Act No. 11983, the New Philippine Passport Act. Section 5(f) of the new law covers "a woman who wishes to revert to the use of her maiden name". It allows this with a PSA birth certificate, "Provided, That she can only revert to her maiden name once and all her other existing identification cards and pertinent documents shall likewise reflect her maiden name."
The implementing rules (IRR) of RA 11983 list the cases:
- Death of the husband (Section 23.1).
- Annulment, declaration of nullity of marriage, judicially recognized foreign divorce, or judicially recognized divorce under Presidential Decree No. 1083 (Section 23.2).
- Other reasons, once only (Section 23.3). The documents are a PSA-issued certificate of live birth or report of birth, a notarized affidavit or explanation asking for the reversion and stating she has not used this option before, and her latest passport.
For using the husband's surname in the passport, Section 5(e) of RA 11983 asks for the PSA marriage certificate or report of marriage. See How to get a PSA marriage certificate and passport renewal. For applications abroad, see passport renewal abroad.
This page covers passports only. No source read for this page says whether other agencies follow the same one-time reversion rule.
What happens to the surname after annulment?
In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname. If she is the innocent spouse, she may resume her maiden name and surname.
An innocent wife may also choose to keep her former husband's surname, unless the court decides otherwise, or she or her former husband marries again. For the difference between annulment and other cases, see Annulment vs nullity vs legal separation. For divorces obtained abroad, see foreign divorce recognition.
What about legal separation and widowhood?
When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
A widow may use the deceased husband’s surname as though he were still living, in accordance with article 370.
Section 5(f) of RA 11983 mentions legal separation among the grounds for reverting in the passport, but Section 23.2 of the IRR does not list it, and Article 372 of the Civil Code says the wife keeps the name she used before. No source read for this page settles how these fit together, so this page does not say whether a legally separated woman may revert on that ground.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Joan. Joan Reyes marries Karl Cruz. She may keep "Joan Reyes" on all her records. Using Karl's surname is an option, not a duty (Article 370; *Remo*).
Joan, years later. Joan used "Joan Reyes Cruz" in her passport for years and now wants "Joan Reyes" again while still married. Under RA 11983 and Section 23.3 of its IRR, she may revert once, with her PSA birth certificate, a notarized affidavit and her latest passport. Her other IDs and documents must then also show her maiden name.
Lina. Lina's husband died. She may keep using his surname (Article 373), or revert to her maiden name in her passport under Section 23.1 of the IRR.
When do you need a lawyer?
Talk to a lawyer if your name change depends on a court case, such as an annulment, a declaration of nullity or the recognition of a foreign divorce, or if your records show different names and you need them corrected. A lawyer can tell you which documents and which court or office apply to your case.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Frequently asked questions
Is a married woman required to use her husband's surname in the Philippines?
No. In Remo v. Secretary of Foreign Affairs (2010), the Supreme Court said the word 'may' in Article 370 of the Civil Code makes the use of the husband's surname permissive, not obligatory. A woman may keep using her maiden name after marriage.
What name options does a married woman have?
Article 370 lists three: her maiden first name and surname plus her husband's surname; her maiden first name and her husband's surname; or her husband's full name with a word like 'Mrs.' In Remo, the Court said she may also simply keep her maiden name.
Can I go back to my maiden name in my passport while still married?
Under Republic Act No. 11983 and its rules, a married woman may revert to her maiden name in her passport for reasons other than death, annulment, nullity or divorce, but only once. Her other IDs and documents must then also show her maiden name.
What documents are needed to revert to my maiden name in the passport?
For a reversion not based on death, annulment, nullity or divorce, Section 23.3 of the IRR of RA 11983 lists a PSA birth certificate or report of birth, a notarized affidavit asking for the reversion and stating she has not done it before, and the latest passport.
What happens to my surname after annulment?
Article 371 of the Civil Code says a wife who is the guilty party must resume her maiden name. An innocent wife may resume it or keep her former husband's surname, unless the court decides otherwise or either of them remarries.
Can a widow keep her late husband's surname?
Yes. Article 373 of the Civil Code says a widow may use her deceased husband's surname as though he were still living.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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