Surnames for married women

Surnames for married women "My fiancée Rica and I are planning to get married soon. But Rica is still studying. After our marriage, is it required to change her surname immediately for her school records and to avoid confusion?Ryan Dear Ryan,Under the New Civil Code, particularly Article 370 thereof, a woman is given options as regards what name she may use in case she marries. The said provision states: “Article 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.” Furthermore, the late legal scholar Arturo Tolentino gave the following explanation about this, viz:“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 the option but not the duty, to use the surname of the husband in any of the ways provided by this Article.” (Tolentino, Civil Code of the Philippines, Vol. I, p.724, 1983 ed).The very same statement was echoed in the case of Maria Virginia V. Remo vs The Honorable Secretary of Foreign Affairs (GR 169202, March 5, 2010), penned by Associate Justice Antonio Carpio, wherein the Supreme Court held that:“A married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided in 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.” (Emphasis supplied) Based on the foregoing discussion, a validly married woman has, thus, four alternatives in the adoption of surname after marriage. So, for example, if Juana Santos marries Pedro dela Cruz, the law gives her the option to use either one of following names: 1) Juana Santos-dela Cruz 2) Juana dela Cruz 3) Mrs. Pedro dela Cruz or 4) she may retain her maiden name, Juana Santos.In the situation you presented in your letter, there is no need for Rica to change her surname after marriage. That is, if she would want to retain it so as to reflect the same in her records in school.We hope that we were able to answer your queries. Please be reminded that 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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/