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. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage.
(3)HER HUSBAND’S FULL NAME, BUT PREFIXING A WORD INDICATING THAT SHE IS HIS WIFE, SUCH AS “MRS.”Ĭlearly, 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. (2)HER MAIDEN FIRST NAME AND HER HUSBAND'S SURNAME, OR (1)HER MAIDEN FIRST NAME AND SURNAME AND ADD HER HUSBAND’S SURNAME, OR In the case of a married woman, Article 370 of the Civil Code provides: Title XIII of the Civil Code governs the use of surnames.
The SC ruled that for passport issuance purposes, a married woman, such as petitioner, whose marriage subsists, may not change her family name at will. 8239 (RA 8239) or the Philippine Passport Act of 1996 “offers no leeway for any other interpretation than that only in case of divorce, annulment, or declaration of marriage may a married woman revert to her maiden name for passport purposes.” Is the DFA correct? The DFA denied her request ruling that Section 5(d) of Republic Act No. Prior to the expiry of the validity of her passport, petitioner, whose marriage still subsists, applied for the renewal of her passport with the DFA office in Chicago, Illinois, U.S.A., with a request to revert to her maiden name and surname in the replacement passport. Rallonza, the following entries appear in her passport: “Rallonza” as her surname, “Maria Virginia” as her given name, and “Remo” as her middle name.
Remo is a married Filipino citizen whose Philippine passport was then expiring on 27 October 2000.