wants to use her maiden name in the passport renewal instead of her husband's surname under her old passport. At the time of her previous application, the DFA insisted that she used her husband's surname and for expediency she agreed then. But now she wants to revert to her maiden name. Can she do that?
My answer is No, she cannot.
It is not automatic that a married woman must carry the surname of her husband in her passport. Under Art 370 of the 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.”
Since the provision used MAY, that means the woman can still retain use of her maiden name.
However, under the Passport Act, once a choice has been made, the choice is irreversible unless there is annulment, divorce or death.In the case of Remo versus Sec. of Foreign Affairs, http://sc.judiciary.gov.ph/jurisprudence/2010/march2010/169202.htm, the Court denied the request of a woman who wanted to revert to her maiden name because the law does not allow for such reversion absence annulment, death, and divorce.
The Implementing rules of the Passport Act may be found at http://www.chanrobles.com/REPUBLIC%20ACT%20No.%208239.%20PHILIPPINE%20PASSPORT%20ACT%20OF%201996.IMPLEMENTING%20RULES%20&%20REGULATIONS.pdf
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