Traditionally, when a couple gets married, the woman changes her maiden last name to her husband’s surname. Although it is a common practice, women, by law, are not required to change their last name once they are married. Articles 370-373 of the Civil Code is the law that governs this. Article 370 provides the surname options for women after marriage, Article 371 after an annulment, Article 372 after a legal separation, and Article 373 discusses the surname options for widows1.
Article 370 of the Civil Code is the provision governing the surname use for married women. The provision provides various options, suggesting that the changing of surnames are permissive rather than obligatory and is voluntary in nature. The options that married women can use are:
- Maiden first name + maiden surname + husband’s surname (using a hyphen)
- Maiden first name+ husband’s surname
- Husband’s full name, but adding “Mrs.” as prefix
Women may or may not use their spouses’ last name after separating from their spouses, but certain conditions must apply or be met. For annulment cases, if the wife is the guilty part, she is compelled to drop her husband’s surname and resume using her maiden name. However, if she is the innocent party, she has the prerogative to choose either retaining her spouse’s surname or resume her maiden surname, unless otherwise instructed by the court or if when she or her former husband remarries. In cases of legal separation, the wife shall continue to use the surname employed before the separation was granted. Since the marriage is not dissolved, the wife retains her husband’s surname even after the legal separation.
In the case of Republic vs. Manalo, Marelyn Manalo married a Japanese national. She was able to file for a divorce in Japan, and sought to cancel her marriage with the Philippine Civil Registry. Fortunately, the court recognized the foreign divorce she obtained and is allowed to remarry under Philippine Law. Subsequently, she may revert to her maiden name as aligned with Article 371 of the Civil Code2.
Article 373 of the Civil Code governs the rules on the surname use for widows. After the death of one’s husband, the widow can continue using her husband’s surname if she pleases so. This provision allows her to maintain the family she and her husband had established before his death and retain a connection to him. However, if she remarries, she can no longer use her deceased husband’s surname.
Changing of a woman’s surname to her husband’s after their marriage is permissive, but not obligatory. Married women may or may not retain their married surname as this is required by law.
- Civil Code of the Philippines, Republic Act No. 386, arts. 370–373 (1949) ↩︎
- Republic v. Manalo, G.R. No. 221029, 862 SCRA 580 (Phil. 2018) ↩︎
