Maiden name retention

Dear Atty. Joji,

I’m an overseas Filipino worker and recently got married during my short vacation in the Philippines. I’ll be flying back to work soon and won’t have time to process changes to my documents. Do I have to update my passport, driver’s license, and other government-issued IDs to reflect my husband’s last name? What if I prefer to keep my maiden name on all my documents?

Pauline

□ □ □ □ □

Dear Pauline,

Prevailing jurisprudence provides that 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.

Art. 370 provides:

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.”

As such, you may retain your maiden name in all your legal and government-issued documents, such as your passport, driver’s license, and other IDs. There is no legal obligation to change your surname unless you voluntarily choose to do so. Moreover, there is no legal penalty or consequence for keeping your maiden name. It is valid and acceptable, even after marriage.

If you eventually decide to use your husband’s surname, you may do so by filing the necessary paperwork with the appropriate government agencies (e.g., Department of Foreign Affairs for passport, Land Transportation Office for driver’s license, Philippine Statistics Authority for civil registry updates), but it remains a matter of choice, not a requirement.

Hope helps.

Atty. Joji Alonso