Understanding Surnames for Married Women in the Philippines

Philippine law allows married women to retain their maiden name, as marriage changes only civil status, not identity.

5/28/20252 min read

Marriage is a beautiful journey, and while it signifies a new chapter in life, one question often arises: what happens to a woman's surname? In many cultures, it's common practice for a woman to adopt her husband's surname. However, in the Philippines, the law offers a refreshing degree of flexibility and choice.

This flexibility is rooted in Title XIII of the Civil Code, which governs the use of surnames. Specifically, Article 370 of the Civil Code outlines the options available to a married woman. Let's break it down:

Article 370 states that a married woman may use:
  1. Her maiden first name and surname and add her husband’s surname. (e.g., Maria Santos-Reyes)

  2. Her maiden first name and her husband's surname. (e.g., Maria Reyes)

  3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as "Mrs." (e.g., Mrs. Juan Reyes)

The key word here, as highlighted by legal interpretations, is "may." This seemingly small word carries significant weight. It indicates that the use of the husband's surname by the wife is permissive rather than obligatory.

This understanding has been firmly established in Philippine jurisprudence, notably in the case of Yasin v. Honorable Judge Shari’a District Court. This landmark case clarified that a married woman has an option, but not a duty, to use her husband's surname in any of the ways provided by Article 370.

What does this mean for you?

It means that when you get married in the Philippines, you are not prohibited from continuously using your maiden name. This is because, in marrying, the woman changes her civil status, not her name. You have the right to retain your maiden name if you so choose.

This legal provision empowers women to decide how they wish to be identified, respecting personal preference and individual circumstances. Whether you choose to hyphenate, adopt your husband's surname, or retain your maiden name entirely, the Philippine Civil Code supports your decision.

So, as you embark on your marital journey, remember that your name remains your choice. The law in the Philippines recognizes and protects this right, allowing you to embrace your new civil status while maintaining your identity in a way that feels right for you.

Disclaimer: This blog post provides general information and should not be considered legal advice. It is always best to consult with a qualified legal professional for specific situations and legal guidance.