legality of retaining the use of maiden name after marriage

[gulaysk]

I hope our fellow girltalkers who are lawyers or are familiar with the law can answer this. I've been married for almost 5 yrs and I've chosen to retain the use of my maiden name. Hubby and I have settled this already at the start of our marriage and it's no problem for him at all.

I've read about Sen. Jinggoy Estrada's bill (senate bill 314) to ammend the family code for it to include the wife's right to choose to retain her maiden name. I'm just not sure what has become of the bill.

I'm just wondering if my choice is backed by law. I've applied for a student permit at LTO last year and wrote my maiden name as my last name but indicated that I was married. Lady at the counter asked me about it and told me she'll just put "single".

Hope you ladies can shed some light on the issue.

TIA.

[moonie]

Women can continue using their surnames after they are married.  Carrying the husband's surname is a popular option but it is not obligatory.  There is no law requiring women to change their surname after marriage.

You shouldn't have allowed the LTO lady to change the entry in your permit.  What name you use is none of her business and she has no right to enter an incorrect marital status.  Make sure they get it right when you get your driver's license. 

[kutingpie]

Oh wow,meron pala nito..thanks sis moonie for the info

[nightingale]

when i was married, i never used the surname of the husband. I retained my own name. Sabi nga ni late Se. Arturo Tolentino sa kanyang book, Civil Code Annotated, wala naman law na nagsasabi that women should carry their husband's surname.  It became customary - by tradition - to identify which family you belong to. But it is not legally mandatory. Unlike in the case of legitimate children, who are to use their father's surname to identify paternity.

[darkangelmiaka]

to those who continue to use their maiden names after getting maried, what are the pros and cons of it? what are the inconveniences and conveniences you have encountered for the following legal docs:

1. passport
2. credit card
3. bank loan
4. sss/pagibig/philhealth/driver's license
5. land/condo title

naguguluha kasi ako eh. may nagsasabi na "required" daw na gamitin surname ng asawa, eh alam ko optional naman yun.

[freeswan]

oo. i want to know this stuff. i just got married last january. hanggang ngayon wala pa akong inaasikasong mga papeles. mukha naman papayag yung hubby ko that i'll use my maiden name. kaso, magaasikaso ka pa rin ng papers dahil you need to change your marital status at least, right?

[darkangelmiaka]

yep, yun ang alam ko na kailangan talagang gawin, update of status.

[chinkywinky]

I don't think we are compelled to use our husband's surname. Ako may mga transactions na maiden name pa rin ang gamit ko, like sa bank, wala namang problem. Sa passport, nagchange talaga ko ng surname for migration purpose. Sa company, maiden name pa rin gamit ko, though updated na yung BIR ko.

Ayoko kasi totally gamitin surname ni hubby, parang nawawalan ako ng identity 

[quennna]

ako full name talaga ako..
parang tessa prieto-valdez..
laging my surname-my new surname..
parang hirap i let go ng surname ng parents ko eh..
sa document naman..like company id etc.. kung need magsubmit ng requirement.. ayos lang yun basta laging may kasamang marriage contract..

[phoenix10]

need clarification po. my bf and i are planning to get married na and few days after i'll be going abroad. would there be any prob in case i'll still be presenting my old id's and passport? or do i have to process/replace all those docs before i leave the country? di kaya magtaka sila na married na ko and yet di pa ko ng-uupdate ng mga docs ko?

TIA

[nelle21]

depende siguro ng urgency ng pag alis mo. ang tagal ding mag process ng mga docs...

[ebiko]

I don't think we are compelled to use our husband's surname. Ako may mga transactions na maiden name pa rin ang gamit ko, like sa bank, wala namang problem. Sa passport, nagchange talaga ko ng surname for migration purpose. Sa company, maiden name pa rin gamit ko, though updated na yung BIR ko.

Ayoko kasi totally gamitin surname ni hubby, parang nawawalan ako ng identity 

same here, sis. hyphenated yung surname ni hubby.   for company purposes, identifications, updated ang surname ko, pero kapag sa signature, kasama pa rin family name ko.

[larraine]

in my case, nagsimula ako mag-ayos ng documents when I got married kaya surname na talaga ni husband ang nakalagay sa IDs ko. pero whenever there's a chance, hypenated surname din ang gamit ko.

[_AiaH_]

wow, I didn't know about this. Thanks for the informative answers mga sis. If ever I'll be getting married in a few years from now, I would love to retain my maiden name talaga.

[mademoiselle]

I have been married for a year and a half now and is still using my maiden name on some government agencies though I used the hypenated form. I renewed my passport recently and was advised to used my hubby's surname to which i insist I have the option not to use it ( the thing is my hubby is Chinese using an Indonesian name and he doesn't have a surname so I'm making use of that as an excuse not to have my maiden name retained )  I'm due to give birth in 3 months and we both agreed to use my surname on our baby as well.

[m@m@]

eh what if naman if gusto ko ibalik sa maiden name [textspeak!] last name ko.. i mean im using hubbys last name for quite some time and now im renewing my passport, am i allowed to use my maiden name ? kahit married ilagay kong status will still they approve of it?

[ebiko]

^ hindi kaya magka-problem ka niyan sis? kasi documented na lahat yung mga papers mo using yung hubby's name, tapos papalitan mo ulit ng surname mo? ...   

[Perky!]

my mom didnt change her surname until i was in 5th grade. they got married when i was in 1st grade. Now that I asked her about it regarding her retaining her maiden name for that period, she never had problems naman daw with her documents or ids dati, even her passport and visas.

me as their daughter lang got confused when i was in school during yung period na yun, cause my classmates asks me bat iba apelyido ng momy ko sa dady. 

[oyster]

i think it's legal.. eto po pang-backup:

Under Art. 370, Civil Code. 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."

Eto naman po, based on jurisprudence (Yasin v. Honorable Judge, G.R. No. 94986, February 23, 1995)

". . . Under the present article of our Code, however, 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 is in 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."

 

yung dun naman sa ginagamit na yung surname ng husband, pero gusto magrevert sa maiden name. i think, hindi na allowed unless magpa-annul kayo, or may court order allowing you to do so, or magpakasal na kayo sa iba.. hehe sumasakit na ulo ko 

[tr1x]

Never adopted hubby's surname since we got married 5 years ago. Maraming hindi nakakaalam na hindi naman obligatory ang pagchange ng maiden name once a woman got married. Ilang beses akong nagapply ng insuurance, bank applications, etc, nagtataka sila kung married ba talaga ako since maiden name gamit ko. Everytime I answer them na may option tayo to use our maiden name, parang di sila naniniwala sa sagot ko.