REMO v DFA FACTS: ISSUE/S:

GR#169202

March 5, 2010

EFFECTS OF NULLITY: ON THE USAGE OF SURNAMES

Petition is for Maria Virgina Remo Rallonza to use her maiden name Remo in her passport renewal. Original passport is issued using married surname Rallonza. Petitioner is married to Francisco R. Rallonza. The husband is alive and the couple is neither annulled nor divorced. DFA denied request. Office of the President denied appeal and subsequent motion for reconsideration. CA denied petition and motion for reconsideration.

WoN a married woman can use her maiden name in her passport renewal after using her married surname in her prior passport RULING: Petition denied. RATIO: Article 370 of the NCC: A married woman may use: (1) Her maiden first name and surname and add her husbands surname, or (2) Her maiden first name and her husband's surname, or (3) Her husbands full name, but prefixing a word indicating that she is his wife, such as "Mrs." Petitioner is neither divorced, widowed, or annulled. When a woman gets married, she does not change her name. Only her civil status. A woman is not obliged to changed her name upon marriage, she has the option not to. She is not required to have judicial authority to do so. In the present case, however, petitioner requested to resume her maiden name in the replacement passport arguing that no law prohibits her from using her maiden name. As per the rules of passport renewal, DFA allows women to use their maiden name in passport even if they are married. They can also continuously use their maiden name in renewals or use their married name thereafter. In the present case, however, the petitioner is already using her married name and wants to revert back to her maiden name. Petitioner consciously chose to use her husbands surname before, in her previous passport application, and now desires to resume her maiden name. If we allow petitioners present request, definitely nothing prevents her in the future from requesting to revert to the use of her husbands surname. Such unjustified changes in one's name and identity in a passport, which is considered superior to all other official documents, cannot be countenanced. Otherwise, undue confusion and inconsistency in the records of passport holders will arise. Thus, for passport issuance purposes, a married woman, such as petitioner, whose marriage subsists, may not change her family name at will. The issuance of passports is impressed with public interest. A passport is an official document of identity and nationality issued to a person intending to travel or sojourn in foreign countries. It is issued by the Philippine government to its citizens requesting other governments to allow its holder to pass safely and freely, and in case of need, to give him/her aid and protection.

July 28, 2013

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