Author: Atty. Angeli Andan
Q: Is Anna Santos obliged to use the surname of her husband, Juan Dela Cruz, after marriage?
A: No, Anna Santos is not obliged under the law to use the surname of her husband (ie. Anna Dela Cruz)
SURNAMES THAT A MARRIED WOMAN MAY USE
Article 370 of the New Civil Code provides that a married woman may use the following as her surname:
- Maiden first name and surname and add her husband’s surname, or
- Maiden first name and her husband’s surname or
- Husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”
In the case of Anna, she has the following options:
- Anna Santos-Dela Cruz, Anna S. Dela Cruz, Anna Santos Dela Cruz
- Anna Dela Cruz
- Mrs. Juan Dela Cruz
- Anna Santos
In Remo vs. The Honorable Secretary of Foreign Affairs, the Supreme Court held 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.
IN CASE OF SEVERANCE OF MARITAL STATUS
In case of annulment of marriage, the use of surname of the wife depends on whether or not she is the guilty or innocent spouse, as provided by Article 371 of the Civil Code.
- If she is the guilty party, she shall resume her maiden name and surname. (Here, Anna Santos)
- If she is the innocent spouse, she may resume her maiden name and surname. However, she may choose to continue employing her former husband’s surname, unless:
- The court decrees otherwise, or
- She or the former husband is married again to another person.
When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation.
In case the husband dies, the widow may use the deceased husband’s surname as though he were still living, in accordance with article 370.
CHANGE OF SURNAME
If the wife chooses to change her surname after marriage, it is important to update her personal information with the relevant government agencies. This includes filing the necessary documents with the Land Transportation Office (LTO) for driver’s license updates, the Department of Foreign Affairs (DFA) for passport changes, and any other applicable offices such as the Bureau of Internal Revenue (BIR) for tax records, the Social Security System (SSS) for social security details, and the Philippine Health Insurance Corporation (PhilHealth) for health insurance. Updating these records ensures that her identification documents remain valid and accurately reflect her new legal name.
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