Got married. Got a new name.

Two of my girl friends recently tied the knot. And both are thinking of amending their legal documents to reflect their new family names. It is as if it’s a must. But is it?

Many are not aware but according to the Civil Code of the Philippines Article 370, a married woman “may” use:

1. Her maiden first name and surname and add her husband’s surname, like: Maria Cruz-Santos (considering that Santos is the last name of Maria’s husband)

2. Her maiden first name and her husband’s surname, like: Maria Santos

3. Her husband’s full name, but prefixing a word indicating that she is his wife, like: Mrs. Juan Santos

Take note: A married woman has an option, not a duty, to use the surname of the husband. It’s not obligatory.  It’s a choice. On my search for a rule compelling a married woman to use the surname of her husband right after marriage, I couldn't find any. So, to those who want to amend their legal documents just because they got married, please keep in mind that it is not the name that you actually have to change; it should be the civil status of being married.

Using your husband’s last name is a representation of his responsibility to be a family man. You may just want to discuss and settle this between the two of you. Is he really up to it – being a family man? Hmm…

On the contrary, a woman may also refuse to use her husband’s name but doing this would question the commitment to the marriage and the mutual trust. Don’t you think so?

Now, how if a woman had used her husband’s last name in legal documents, i.e. passport, but for some reason would like to revert to using her maiden last name? The Philippine Passport Act of 1996 (Republic Act No. 8239) Section 5 states that a married woman may only be allowed to revert using her maiden name in her passport only after the death of husband and grant of divorce, annulment or nullity of marriage. 

Hmm, does that make you think twice?

Well, I think I’ve said too much. I guess it would be best to personally google some more legalities for your own good. I’m not an expert. I’m just merely stating and sharing what I learned and read from Chan Robles Virtual Law Library.

As they say, “Ignorance of the law excuses no one.”