Dear PAO,

I have adopted the surname of my husband in all of my public documents since we got married in 2020. However, after recently passing the board examinations, I realized that I want all of my documents to reflect my maiden name, especially in my passport. A friend of mine told me that she was able to renew her passport under her maiden name only after she was annulled. I love my husband but I simply want to use the name my parents gave me. Do I really need to sever my marriage first? Thank you.

Emmy

Dear Emmy,

No, you do not need to sever your marriage just to use your maiden name in your passport. Your friend may have undergone the process of reverting back to her maiden name during the effectivity of Republic Act (RA) 8239 or the Philippine Passport Law of 1996, which states:

“Section 5. Requirements for the Issuance of Passport. – No passport shall be issued to an applicant unless the Secretary or his duly authorized representative is satisfied that the applicant is a Filipino citizen who has complied with the following requirements: xxx

“d.) In case, of a woman who is married, separated, divorced or widowed or whose marriage has been annulled or declared by court as void, a copy of the certificate of marriage, court decree of separation, divorce or annulment or certificate of death of the deceased spouse duly issued and authenticated by the Office of the Civil Registrar General: Provided, That in case of a divorce decree, annulment or declaration of marriage as void, the woman applicant may revert to the use of her maiden name: Provided, further, That such divorce is recognized under existing laws of the Philippines;” xxx

The case of Remo vs. Secretary of Foreign Affairs (G.R. No. 169202, 5 June 2010, Ponente: Associate Justice Antonio T. Carpio), echoed this rule where the High Court stated that “once a married woman opted to adopt her husband’s name in her passport, she may not revert to the use of her maiden name except in the cases enumerated in Section 5(d) of R.A. No. 8239. These instances are: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage.”

Under this old rule, a woman could only revert to her maiden name if her marriage was legally severed.

However, Republic Act (RA) 11983, otherwise known as the “New Philippine Passport Act,” repealed the above provision, providing for a more efficient and simpler way for a married woman to revert back to her maiden name. Section 5 (f) of the law provides:

“SECTION 5. Requirements for the Application and Issuance of a Passport. – The DFA Secretary, or a duly authorized consular official, shall issue a passport to an applicant who is a Filipino citizen and who has complied with the following requirements: xxx

“(f) For a woman who wishes to revert to the use of her maiden name, a duly authenticated birth certificate by the PSA: Provided, that she can only revert to her maiden name once and all her other existing identification cards and pertinent documents shall likewise reflect her maiden name.

“If the reversion is by virtue of an annulment, declaration of nullity of marriage, legal separation, judicially-recognized foreign divorce, or death of a husband, a duly annotated applicable, or Certificate of Death or Report of Death, whichever is applicable, authenticated by the PSA”; xxx

Simply stated, a woman may now revert to the use of her maiden name by presenting her birth certificate, issued by the Philippine Statistics Authority (PSA), to the Department of Foreign Affairs (DFA) or its duly authorized representatives. However, before doing so, the applicant’s maiden name must first be reflected in all her other existing identification cards and pertinent documents. Evidently, the new law does not require that the marriage be severed before applying for the reversion.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]