Dear PAO,

I went to a local bank to open a savings account. I declared in the form I filled out that I am married but still use my maiden name. The bank insisted I write my husband’s surname on my application form before transacting with them. Can the bank impose the use of my husband’s surname as a condition before they accept my application to open a bank account?

Margaret

Dear Margaret,

Please be informed of Article 370 of the New Civil Code of the Philippines, which states:

“ARTICLE 370. A married woman may use:

“(1) Her maiden first name and surname and add her husband’s surname, or

“(2) Her maiden first name and her husband’s surname, or

“(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as ‘Mrs.'” (Underscoring and emphasis supplied)

As provided by the New Civil Code, married women are given the option to decide whether to use their husband’s surname, as highlighted by the words “may use” in the above-mentioned provision. Therefore, the law did not limit or require married women to use their husbands’ surnames. As the Supreme Court stated in the case of Maria Virginia V. Remo vs. The Honorable Secretary of Foreign Affairs, GR 169202, March 5, 2010, ponente: Associate Justice Antonio Carpio, “when a woman marries, she does not change her name but only her civil status.”

In relation thereto, the Philippine Commission on Women (PCW), as the primary policymaking and coordinating body on women and gender equality concerns, through Memorandum Circular 2023-04 dated Dec. 18, 2023, reminded all banks and financial institutions in the Philippines of the right of married women to use their maiden name in their transactions. The PCW reiterated that banks and financial institutions should not compel married women who have continuously used their maiden name to use their husband’s surname for the purpose of transacting with their institution, viz.:

“5.0. In this regard, the PCW reiterates the following guidelines for all banks and financial institutions to ensure compliance with existing laws and uphold the right of women:

“5.1. Acceptance of Maiden Name: Allow married women to use their maiden name as provided under the law in all types of transactions, including account opening, loan applications, credit card applications, and any other financial services provided. Banks and financial institutions shall not compel married women who have continuously used their maiden name to use their husband’s surname for the purpose of transacting with their institution.

“5.2. Customer Communication: Update all communication channels, including forms and customer service scripts, to explicitly state that married women have the right to use their maiden name in their transactions. Ensure that employees, especially customer-facing staffers, are informed and trained on the application of relevant laws to provide accurate information and assistance.

“5.3. Internal Policies and Procedures: Review internal policies, procedures and systems to ensure compliance with existing laws and jurisprudence.

“Implement necessary changes to guarantee that married women are not subjected to any unnecessary inconvenience or discrimination when choosing to use their maiden name.” (Emphasis supplied)

In your given situation, the bank cannot compel you, as a married woman, to use your husband’s surname in your transactions with them. Otherwise, the bank’s practice would be considered contrary to the legal provisions and prevailing jurisprudence in the country, which grant women the right to use their maiden name.

We hope that we were able to answer your queries. This advice is 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 on.

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]