Women can retain maiden name

after marriage
BY PERSIDA ACOSTA
JANUARY 05, 2019

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 WOMEN CAN RETAIN MAIDEN NAME AFTER MARRIAGE

Persida Acosta
Dear PAO,
I have a long-time girlfriend and we plan to get married by the end of
this year. I just want to be enlightened because Linda (my girlfriend)
insists on retaining her maiden name after our marriage. Can I
compel her to use my surname after our marriage?
Ram

Dear Ram,
Under Article 370 of the New Civil Code, a married woman is given
options regarding the use of names after her marriage, to wit:

“Art. 370. A married woman may use:

“Her maiden first name and surname and add her husband’s name

“Her maiden first name and her husband’s surname

“Her husband’s full name, but prefixing a word indicating that she is
his wife, such as Mrs.”

Moreover, in the case of Maria Virginia V. Remo vs. Hon. Secretary

of Foreign Affairs (GR 169202, March 5, 2010, Ponente: Associate
Justice Antonio T. Carpio), the Supreme Court explained:

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“Clearly, a married woman has an option, but not a duty, to use the
surname of the husband in any of the ways provided by Article 370 of
the Civil Code. She is therefore allowed to use not only any of the
three names provided in Article 370, but also her maiden name upon
marriage. She is not prohibited from continuously using her maiden
name once she is married because when a woman marries, she does
not change her name but only her civil status. Further, this
interpretation is in consonance with the principle that surnames
indicate descent.”

Based on the foregoing discussion, a married woman has thus four

alternatives or options in the adoption of surname after marriage.
Thus, she may use (i) her maiden first name and surname and add her
husband’s name; (ii) her maiden first name and her husband’s
surname; (iii) her husband’s full name, but prefixing a word indicating
that she is his wife, such as “Mrs.” Hence, if Linda opts to use her
maiden name, you cannot compel her to use your surname. The New
Civil Code grants her such right.

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.