MARRIED WOMAN MAY CONTINUE USING MAIDEN SURNAME

Dear PAO,

Can I use my maiden surname in my Philippine passport renewal? I did not use my husband’s surname in
my passport because it was still valid when we got married and it only expired last month. I have to
travel next quarter for work and I was told by my co-worker that I may need to use my husband’s
surname. Is this so? I am hoping for your advice.

Kitchie

Dear Kitchie,

Article 370 of the New Civil Code of the Philippines provides the rules on the use of surname of married
women. It states that:

“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.’ ”

From the aforementioned law, it can be gleaned that married women are not obliged to carry their
husband’s surname, contrary to what your co-worker told you. Rather, the law gives married women a
number of choices as to what name and surname they would carry, as the term “may” was used in the
aforementioned provision of the law.

Furthermore, Republic Act 8239, otherwise known as the Philippine Passport Act, does not require
married women to carry their husband’s surname. What the law only requires is for married women to
present a copy of their certificate of marriage should she decide to adopt her husband’s surname.
(Section 5, Id.) The same is also reflected under the Implementing Rules and Regulations (IRR) of R. 8239
as it is stated under Section 2, Article 6 of the IRR that:

“The issuance of passports to married, divorced or widowed women shall be made in accordance with
the following provisions:

a) In case of a woman who is married and who decides to adopt the surname of her husband pursuant
to Art. 370 of Republic Act No. 386, she must present the original or certified true copy of her marriage
contract, and one photocopy thereof. x x x”

The fact that there is no imposition under the law as to the use of the husband’s surname can be
gleaned under Section 1, Article 12 of the said IRR when it merely presents an opportunity for a married
woman to amend her passport so as to reflect her husband’s surname. As stated therein:

“The passport can be amended only in the following cases:

a) Amendment of woman’s name due to marriage;

b) Amendment of woman’s name due to death of spouse, annulment of marriage or divorce initiated by
a foreign spouse; or

c) Change of surname of a child who is legitimated by virtue of a subsequent marriage of his parents. x x
x” (emphasis supplied)

In view of the foregoing, you may continue using your maiden surname when you renew your Philippine
passport.