Below is a comprehensive discussion of the legal framework and practical considerations for changing one’s surname after marriage in the Philippines. While this discussion outlines the primary rules and procedures, individuals should consult official sources or obtain personalized legal advice for specific concerns.
1. Legal Basis and Options for Married Women
1.1. Legal Provisions
Civil Code of the Philippines (Republic Act No. 386)
Article 370 of the Civil Code states the following options for a married woman in relation to her surname:- She may continue using her maiden first name and surname.
- She may add her husband’s surname.
- She may replace her surname entirely with that of her husband.
This language has been interpreted to mean that changing to the husband’s surname is a right, not an obligation. The Supreme Court of the Philippines has consistently held that there is no legal compulsion for a married woman to drop her maiden name.
Family Code of the Philippines (Executive Order No. 209, as amended)
While the Family Code (effective since 1988) reaffirms many provisions of the Civil Code, the principle that a woman may adopt her husband’s surname remains valid.
In short, the law permits the use of the husband’s surname but does not make it mandatory.
1.2. Use of Multiple Names or Aliases
- Common Misconceptions
Some believe that married women are obliged by law to use their husband’s surname. However, the correct interpretation aligns with the Civil Code and Supreme Court rulings, which clearly indicate a choice. - Relevance of Republic Act No. 142 (an act regulating the use of aliases)
If you legally adopt your husband’s surname, this is not considered an alias; it is part of your official name choice. However, any deviation from your registered name without proper documentation could be treated as an unauthorized alias.
2. Practical Reasons and Considerations
2.1. Pros of Adopting Your Husband’s Surname
- Cohesion in Family Identity: Some couples prefer the convenience of sharing a single family name (particularly when dealing with schools, banks, or for children’s records).
- Social Custom: It remains a cultural norm in many Philippine communities, making processes in local transactions feel more conventional.
- Administrative Efficiency: Sometimes certain processes (e.g., visa applications for family members) become more straightforward if spouses share a surname.
2.2. Cons of (or Challenges in) Adopting Your Husband’s Surname
- Document Updates: Changing your surname in official records demands time, money, and effort (new IDs, passport, bank accounts, etc.).
- Professional Identity: Women who have established a professional or academic reputation under their maiden name may find it inconvenient to switch.
- Potential Confusion: Inconsistency in updating documents or missing records can lead to confusion in government or financial transactions.
3. Process of Changing Your Surname
While you have the right not to change your surname, if you choose to adopt your husband’s surname, you will generally need to update your key government IDs and records. Each agency has its own requirements, but the overview below captures the common steps.
3.1. Local Civil Registrar (LCR)
- Marriage Certificate: Ensure that your marriage certificate is properly registered with the Philippine Statistics Authority (PSA) through the Local Civil Registrar.
- Certified True Copy: Obtain a certified true copy of your marriage certificate from the PSA (formerly NSO). This is typically the primary proof you will present for name-change transactions.
(Note: There is no separate “change-of-name” process at the LCR for a married woman, since the marriage certificate itself indicates the change if you opt to adopt your husband’s surname. You simply present the certificate to whichever government or private entity requires it.)
3.2. Philippine Statistics Authority (PSA)
- After your marriage is registered, the PSA will issue your marriage certificate. This is the official proof that authorizes you to use your husband’s surname.
3.3. Government IDs and Records
Each government agency has distinct requirements, but the following are typical documents required to effect a name change:
- Marriage Certificate (PSA copy).
- Valid Government ID (present ID with your maiden name).
- Accomplished Application Form (varies by agency).
- Processing Fee (if required).
Key IDs and records you may want to update:
- Philippine Passport (Department of Foreign Affairs)
- DFA requires the original marriage certificate (PSA) and your current valid passport.
- You will submit a passport amendment application or a new passport application to reflect the change.
- Social Security System (SSS)
- Fill out an SSS E-4 form (Member Data Change Request) and submit the PSA marriage certificate.
- PhilHealth
- Submit the duly accomplished Member Registration Form for name change and attach your PSA marriage certificate.
- Pag-IBIG Fund
- Update records by submitting a change of information form and your PSA marriage certificate.
- Comelec Voter’s Registration (if you wish to update your voter’s registration with your new surname).
- Driver’s License (Land Transportation Office)
- You can have your driver’s license reissued in your married name (present your PSA marriage certificate).
- BIR (Tax Identification Number)
- Update your TIN record by filing BIR Form 1905 and attaching your PSA marriage certificate.
3.4. Bank Accounts, Insurance Policies, and Private Documents
- Bank Accounts: Most banks will require you to fill out a change-of-name form and present your updated government-issued ID(s) and marriage certificate.
- Insurance and Other Contracts: Contact your insurance provider or contracting party to update the contract records to your married name.
- Employment Records: Inform your employer’s HR department so they can update payroll, government contributions, and other official files.
4. Common Questions and Clarifications
Is a married woman legally compelled to adopt her husband’s surname?
No. The law gives her the option, but it is not mandatory.May a married woman revert to her maiden name at any time?
- Generally, while still married, reverting to one’s maiden name officially can be administratively cumbersome, because you would have updated most documents already with the married name.
- Widows or divorced (for countries that recognize divorce) or those whose marriage has been annulled in the Philippines can formally revert to their maiden name through presenting appropriate documentation (e.g., death certificate, decree of annulment). In any event, the right to use the maiden name remains.
What if I use my married name on some documents and my maiden name on others?
- Legally speaking, you may use either, but for clarity and consistency, it is advisable to use one name consistently across official documents. Inconsistency can lead to confusion or additional verification steps.
- In practical terms, if you have already changed certain IDs to your married name, you should continue using your married name on new official documents unless you decide to revert entirely (which requires its own administrative process).
Is there any deadline for changing my surname after marriage?
- There is no legal deadline in the Philippines. Many choose to do it soon after the marriage certificate is registered, but it is a personal choice. Some wait until they renew certain documents (e.g., when a passport is about to expire).
Does the choice affect the child’s surname?
- The child’s surname is typically the father’s surname in a valid marriage. The mother’s choice to change (or not change) her surname does not affect the child’s surname.
5. Final Recommendations
- Decide Early
Decide whether you want to adopt your husband’s surname early on to minimize repeated work in changing multiple documents. - Gather All Requirements
Prepare certified true copies of your PSA marriage certificate and valid IDs. - Create a Checklist
Make a list of all government agencies (DFA, SSS, BIR, PhilHealth, Pag-IBIG, etc.) and private institutions (banks, schools, insurance) where you need to update your name. - Update in Logical Order
In practice, people often start with their primary government IDs (passport, driver’s license, SSS) and then use those updated IDs for private institutions. - Keep Copies
Maintain photocopies and receipts of all submitted applications in case any issues arise. - Consult Official Sources or Legal Counsel
Should you have specialized circumstances (e.g., you reside abroad, or you have an existing name-change order or other legal concerns), consult official guidelines or a qualified lawyer.
6. Conclusion
In the Philippines, a married woman’s right to adopt her husband’s surname is rooted in long-standing legal provisions, but it is not a legal requirement. The choice is personal and can be influenced by cultural norms, professional considerations, and administrative convenience. If you decide to change your surname, prepare for the necessary paperwork and ensure consistency across all your government and private records. If in doubt, consult a legal professional to guide you through any complex situations or personal circumstances.