228 B.M. No. 1625 Josephine P.

Uy-Timosa (en banc) ARG

July 18, 2006.

Topic: Effects of final judgment declaring nullity - On use of surnames

Doctrine:
1. The true and real name of a person is that given to him and entered in the civil register
2. Whenever a woman marries, she does not change her name but only her civil status.

SuperSummary: In a letter to the Court, Josephine P. Uy-Timosa, prayed that she be allowed to
use her maiden name in her Petition to Take the 2006 Bar Examinations alleging that: 1. She has
continuously used her maiden name in all her transactions; 2. She and her husband have been
separated since May 2000; 3. A Petition for Declaration of Nullity of Marriage was then pending
before the RTC of Manila. The SC granted Josephine’s petition ruling that when Josephine
married her husband, she did not change her name but only her civil status. Hence, Josephine has
the right to use her maiden name in her Petition to Take the 2006 Bar Examinations.

Facts:
In a letter to the Court dated June 14, 2006, Josephine P. Uy-Timosa, prayed that she be allowed to
use her maiden name, Josephine P. Uy, in her Petition to Take the 2006 Bar Examinations.
Josephine alleged that:
1. Despite her marriage, she has continuously used her maiden name in all her transactions,
except in her school records and those in the CHED and other offices.
2. All her records in UST reflect her maiden name.
3. She and her husband have been separated since May 2000 and that a Petition for
Declaration of Nullity of Marriage is now pending before the RTC of Manila.

Thus, petitioner requests that she be allowed to use her maiden name considering the impossibility
of facilitating on time the amendment of her surname appearing in all the records concerned.

Issues:
W/N Josephine may use her maiden name in her petition to take the 2006 Bar Examinations despite
the fact that her marriage is still valid and subsisting?

Ruling:
Yes. Josephine may use her maiden name in her petition to take the 2006 Bar Examinations
Under CC Art 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."

CC Art 370 clearly indicates that the wife's use of her husband's surname is optional, not obligatory.

According to the prominent civilist, Arturo M. Tolentino:

“Under the present article of our Code, the word "may" is used, indicating that the use of the husband's
surname by the wife is permissive rather than obligatory. We have no law which provides that the wife
shall change her name to that of the husband upon marriage. This in is consonance with the principle that
surnames indicate descent. It seems, therefore, that a married woman may use only her maiden name and
 surname. She has an option, but not a duty, to use the surname of the husband in any of the ways
provided by this Article."

When a woman marries a man, she need not apply and/or seek judicial authority to use her
husband's name by prefixing the word "Mrs." before her husband's full name or by adding her
husband's surname to her maiden first name. The law grants her such right.

Similarly, when the marriage ties or vinculum no longer exists as in the case of death of the husband
or divorce as authorized by the Muslim Code, the widow or divorcee need not seek judicial
confirmation of the change in her civil status in order to revert to her maiden name as the use of her
former husband's name is optional and not obligatory for her.

When petitioner married her husband, she did not change her name but only her civil status. Neither
was she required to secure judicial authority to use the surname of her husband after the marriage
as no law requires it. Clearly, petitioner has the right to use her maiden name Josephine P. Uy in her
Petition to Take the 2006 Bar Examinations.

Justice Flerida Ruth P. Romero, in her Concurring Opinion in Yasin stated that, "it signifies that
women, no less than men, shall enjoy the same rights accorded by law and this includes the
freedom of choice in the use of names upon marriage."

Disposition:
ACCORDINGLY, we GRANT petitioner's request to use her maiden name Josephine P. Uy in
her Petition to Take the 2006 Bar Examinations