by: Atty. Gregorio B. Austral, CPA
Limitation on a married woman’s choice of surname
Maria Virginia Remo is a Filipino citizen, married to Francisco R. Rallonza, whose Philippine passport was then expiring on October 27, 2000. Prior to its expiry, she applied for renewal with the DFA and requested to revert to her maiden name and surname in the replacement passport while her marriage still subsists.
The DFA denied the request. The motion for reconsideration was also denied. She then filed an appeal with the Office of the President which the latter dismissed and ruled that Sec. 5 (d) of RA 8239 or the Philippine Passport Act of 1996” offers no leeway for any other interpretation that only in case of divorce, annulment, or declaration of nullity of marriage may a married woman revert to her maiden name for passport purposes.” The Office of the President denied the subsequent motion for reconsideration. Petitioner filed with the CA a petition for review under Rule 43 of the Rules of Civil Procedure but the same was denied. After getting a denial in his motion for reconsideration, elevated the case to the Supreme Court.
Can Maria revert to the use of her maiden name in her replacement passport despite the subsistence of her marriage?
The Supreme Court said NO. 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 of change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent.
However, the law applicable to the issue of the case is RA No. 8239, a special law, and not the Civil Code which is a general law. Once a married woman opted to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in cases enumerated in Section 5(d) of RA No. 8239. Since petitioner’s marriage to her husband subsists, she may not resume using her maiden name in the replacement passport. (Maria Virginia V. Remo v. The Honorable Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010, lifted from Statutory Construction by Rolando A. Suarez, 2015 Edition)