Below is a comprehensive discussion on removing an ex-husband’s surname from a Philippine passport. Please note that this article is for general informational purposes only and does not constitute legal advice. For specific concerns or a detailed evaluation of your circumstances, consult a licensed attorney in the Philippines or contact the Department of Foreign Affairs (DFA) directly.

1. Overview of Name Use in the Philippines

1.1. The Right to Use a Married Surname

Under Philippine law, a married woman has the option to adopt her husband’s surname. This principle is guided primarily by Article 370 of the Civil Code of the Philippines (as amended and complemented by the Family Code). The Supreme Court has repeatedly clarified that a married woman may:

Continue using her maiden name and surname;
Use her maiden first name and surname, then add her husband’s surname; or
Use her husband’s full name with a prefix (e.g., “Mrs.”).

Notably, adoption of the husband’s surname is a choice rather than a legal obligation.

1.2. Reversion to Maiden Name

When a marriage is terminated, annulled, declared null and void, or recognized as dissolved via a foreign divorce (in accordance with Philippine laws on recognition of foreign divorce), a woman can opt to revert to her maiden name in official documents, including her passport.

2. Legal Bases for Changing or Reverting to Your Maiden Name

2.1. The Family Code

Article 63 of the Family Code states that following a decree of legal separation, a wife who has used her husband’s surname may continue using it unless there is a court decree preventing such use.
Article 371 of the Civil Code (still persuasive where not superseded by the Family Code) indicates that a woman may be compelled to stop using her husband’s surname if the court or the husband has just cause to request it, or if she has remarried.

2.2. Republic Act No. 8239 (Philippine Passport Act of 1996)

Governs the issuance, amendment, and other aspects of Philippine passports.
The law allows the correction of entries to reflect any legal or factual changes, including changes in civil status or name changes arising from a judicial decree.

2.3. DFA Regulations & Memoranda

The Department of Foreign Affairs (DFA) issues internal regulations that implement the Passport Act.
The DFA typically requires certain judicial or civil registry documents to justify reverting to one’s maiden name after an annulment, declaration of nullity, or recognition of foreign divorce.

3. Grounds for Removing the Ex-Husband’s Surname

There are generally four scenarios under Philippine law that allow for the removal of an ex-husband’s surname and reversion to one’s maiden name:

Annulment of marriage: Declares the marriage void from the start due to specific legal grounds (e.g., lack of parental consent, fraud, psychological incapacity, etc.).
Declaration of Nullity of marriage: Declares that the marriage was void from the beginning (e.g., bigamous marriages, underaged marriages without proper consent, certain psychological incapacity cases).
Recognition of Foreign Divorce: If the marriage was validly dissolved abroad, and the foreign divorce is subsequently recognized by a Philippine court in accordance with Philippine legal procedure (i.e., proper petition for recognition of foreign judgment).
Death of the Husband: If the spouse is deceased, the widow may choose to drop her late husband’s surname and revert to her maiden name.

Important Note: Because the Philippines does not have absolute divorce for most citizens (except under certain circumstances for Muslims governed by the Code of Muslim Personal Laws), the typical route for dissolution of marriage is through annulment or declaration of nullity. A foreign divorce obtained by one spouse can also be recognized in the Philippines under certain conditions (particularly if the spouse who obtained the divorce was a foreign national at the time).

4. Requirements and Procedure with the DFA

To remove the ex-husband’s surname in your Philippine passport, you generally need to present:

Original and Certified True Copy (CTC) of the Judicial Decree
- Annulment or Declaration of Nullity: Final court decision indicating the marriage is annulled or void.
- Recognition of Foreign Divorce: Philippine court decision recognizing the foreign divorce decree.
- This court decision must bear the court’s seal and must be accompanied by a Certificate of Finality.
Annotated Marriage Certificate
- Obtain an annotated marriage certificate from the Philippine Statistics Authority (PSA) or the Local Civil Registrar, which states the fact of annulment, nullity, or recognition of foreign divorce.
Government-Issued ID(s)
- Present valid identification documents matching or supporting the name you intend to use (e.g., your maiden name).
- Common IDs: Driver’s License, Philippine National ID, PRC license, etc.
Personal Appearance at the DFA
- Passport applicants (new or renewing) must personally appear to submit biometric data and sign documents.
Duly Accomplished Passport Application Form
- Indicate in the application form that you wish to revert to your maiden name due to the change in marital status.
Old Passport
- Submit your current passport for cancellation or updating.

4.1. Step-by-Step Process

Secure an Appointment: Visit the DFA’s online appointment system (or call the relevant hotline) and schedule your passport renewal or amendment appointment.
Prepare the Required Documents: Make sure you have the original and photocopies of the annotated marriage certificate, the court decree (with Certificate of Finality), valid IDs, and your existing passport.
Appear on Your Scheduled Date: Show up on time with your documents. Fill out the renewal/amendment form and clearly state that you are reverting to your maiden name.
Data Verification: A DFA officer will verify the correctness and authenticity of the documents.
Payment: Pay the appropriate processing fee (regular or expedited).
Photo Capture and Biometrics: Have your photograph, fingerprints, and signature captured.
Receipt of Passport: Keep the official receipt for tracking the delivery or claiming of your new passport.

5. Common Challenges and Tips

Incomplete or Improperly Annotated Marriage Certificate
- The DFA typically requires the updated PSA-issued marriage certificate that explicitly notes the annulment, declaration of nullity, or recognition of foreign divorce.
- Without the annotation, the DFA may not process your request to revert to your maiden name.
Certificate of Finality
- Courts usually issue this after the judgment has become final and executory. A mere court decree without a Certificate of Finality may lead to rejection.
Foreign Divorce Recognition
- Even if you obtained a divorce abroad, you still need a Philippine court order recognizing that foreign divorce before the DFA can act on it.
- This process involves filing a petition in Philippine courts, presenting the foreign divorce decree and proof of foreign law, among other requirements.
Validity of Supporting IDs
- Ensure that at least one of your IDs already reflects your maiden name or be prepared to show your old IDs reflecting your maiden name alongside the legal documents proving the name change.
Time Frames
- The annulment or recognition process itself can be lengthy. After receiving the final decree, you must wait for the local civil registrar and the PSA to annotate the records. Only then can you update your passport.
Professional Legal Advice
- While the DFA can give guidelines on documentary requirements, they cannot provide in-depth legal advice or representation. If your case is more complex (e.g., foreign divorce recognition with multiple jurisdictions), consider hiring a Philippine attorney.

6. FAQs

Q: Am I required to stop using my ex-husband’s surname after an annulment?
A: No. Philippine law allows a woman to keep her ex-husband’s surname if she chooses, provided there is no court order or other legal impediment to continuing its use. Most women prefer to revert to their maiden name, especially for clarity and for official records post-annulment, but it is a personal choice.

Q: Do I need a court order just to revert to my maiden name in my passport?
A: Yes. If you previously adopted your husband’s surname in your passport, the DFA requires a court decree (annulment, declaration of nullity, or recognized foreign divorce) plus a Certificate of Finality and an annotated marriage certificate to revert to your maiden name.

Q: What if my ex-husband is deceased? Do I need a judicial decree?
A: You do not need an annulment decree if your husband has passed away. Typically, you would submit your husband’s death certificate (issued by the PSA) to justify reversion to your maiden name. Check the most recent DFA guidelines on documentation requirements.

Q: Is there a fee for reverting to my maiden name on my passport?
A: You will pay the regular or expedited passport processing fees. There is no special or additional fee simply for reverting to your maiden name; however, any legal or notarial fees incurred to secure the necessary documents (e.g., court orders, legal assistance) are separate.

7. Conclusion

Removing an ex-husband’s surname from a Philippine passport is a legally recognized process under the Philippine Passport Act, the Family Code, and related laws. The essential requirements include a final and executory court decree (annulment, nullity, recognition of foreign divorce) and an updated/annotated marriage certificate. Once these documents are in order, you can proceed to the DFA to apply for a passport under your maiden name.

If you have unique or complicated circumstances—such as ongoing legal disputes, incomplete documentation, or multiple jurisdictions—consult a Philippine lawyer to guide you through the legal steps, particularly for court recognition of foreign divorce or correction of civil registry records. Ultimately, compliance with legal requirements and timely submission of all relevant documents will help ensure a smooth transition back to your maiden name in your passport.

Disclaimer: The information provided here is intended as general legal information and does not replace professional legal counsel. Always consult the DFA, the Philippine Statistics Authority, or a qualified attorney for guidance specific to your situation.