Maiden name retention

Dear Atty. Maan,

I recently got married and I’m starting to fix some of my personal records. I’ve always been comfortable using my maiden name and I’m not really keen on changing it now that I’m married. Some people tell me that I have to use my husband’s last name on my IDs and official documents, while others say it’s optional. After marriage, are women required to change their surname in my passport, driver’s license, and other government-issued IDs, or can we continue using our maiden names?

Carla

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Dear Carla,

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., DFA for passport, LTO for driver’s license, PSA for civil registry updates), but it remains a matter of choice, not a requirement.

Hope this helps.

Atty. Mary Antonnette Baudi