t
EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINE S ) 
First Regular Session 
)
SENATE
S. No. 
985
^cnaU’
of iljp & i'n p t« r p
*19 AUG 28 P5«2
RECEIVl 0 BV:
Introduced by Senator MANUEL "LITO" M. LAPID * 1 2 3
AN ACT
ALLOWING WOMEN TO REVERT TO THEIR MAIDEN SURNAME, 
ESTABLISHING A PROCEDURE FOR REVERSION AND APPROPRIATING
FUNDS THEREFOR
EXPLANATORY NOTE
The Civil Code gives women the right to use their husband's surname at the 
time of marriage, viz:
"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.'."
In the case of Remo vs. Secretary o f Foreign Affairs the Supreme Court held 
that the language of Article 370 is permissive and not mandatory. A married woman 
has the option to use her husband's surname but is not required to do so. The woman 
may choose to continue using her maiden name.
The succeeding provisions of the Civil Code establish other rules regarding a 
married woman's use of surname, viz:
"Article 371. In case of annulment of marriage, and the wife is the guilty 
party, she shall resume her maiden name and surname. If she is the 
innocent spouse, she may resume her maiden name and surname.


However, she may choose to continue employing her former husband's 
surname, unless:
(1) 
The court decrees otherwise, or
(2) 
She or the former husband is married again to another person.
"Article 372. When legal separation has been granted, the wife shall 
continue using her name and surname employed before the legal 
separation."
In the case of Yasin i/s. Shari'ahihe Supreme Court held that after a declaration 
of nullity or absolute divorce (as under the Shari'ah Law), the woman is entitled to 
revert to her maiden name as a matter of right and no petition for change of name is 
required therefor.
However, with the current regulatory set-up, there are barriers for the exercise 
of this right of reversion to maiden name. There are still discriminatory policies and 
practices in some government agencies which require a married woman to adopt her 
husband's surname in application forms and other records and even refuse to process 
legitimate transactions of married women who opt to use their maiden name. For 
example, under Republic Act. No. 8239, otherwise known as the Philippine Passport 
Act, a divorce decree recognized under Philippine law, a declaration of annulment of 
marriage or declaration of nullity of marriage is a requirement for the issuance of 
passports for divorced or annulled women1. Said law further provides that an 
amendment of a woman's name on her passport may only be done based on the 
following grounds: death of spouse, annulment of marriage or divorce initiated by a 
foreign spouse2.
This is a clear manifestation of the incomplete realization of the woman's right 
to continue using her maiden name. Domestic situations such as legal separation, 
separation de facto din6 such other similar instances are areas where women may still 1 2
1 Article 6, Sec. 2, RA 8239
2 Article 12, Sec. 1,RA 8239


be required to recourse to a slow and costly court process for change of name in order 
to revert to the use of their maiden name. This practice of insisting that a married 
woman must use her husband's surname along with the restrictive mechanisms for 
reversion is a remnant of a patriarchal point of view that treats women as chattel or 
property of their husbands.
In order to fully concretize the woman's right to use her maiden name, the 
present measure deletes the tedious and expensive court process that might be 
associated therewith. This measure proposes the following:
1. To facilitate women's right to revert to her surname in instances of legal 
separation, annulment or declaration of nullity of their marriage;
2. To empower the office of the civil registrar, the Department of Justice, the 
Department of Finance, the Supreme Court and such other concerned 
government agencies to provide for a procedure for a woman's choice to 
revert to her maiden name;
3. To expand the scope of the civil registrar's power to change or correct 
entries in the civil register without a judicial order
The early passage of this bill is earnestly sought.
M A M ftL  "L frO " M. LAPID
Senator


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
of tbr fertrrtnrp
S. No.
SENATE
985
•19 AUG 28 P5:02
RECEIVl D BV;
Introduced by Senator MANUEL "LITO" M. LAPID
AN ACT
ALLOWING WOMEN TO REVERT TO THEIR MAIDEN SURNAME, ESTABLISHING A 
PROCEDURE FOR REVERSION AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and the House o f Representatives o f the Philippines 
in Congress assembled.
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Section 1. Short Title. -  This Act shall be known as the "Reversion to Maiden 
Name Act".
Sec. 2. Declaration o f Policy. -  The State shall value the dignity and 
independence of women and guarantees full respect for their freedom of choice of 
surname. Hence, the State shall provide a method for reversion to maiden name to 
fully empower women to be truly independent in their social and economic affairs.
Sec. 3. Authority to Record a Reversion to Maiden Name. — No entry in a civil 
register shall be changed or corrected without a judicial order, except as provided in 
this Act and under Republic Act No. 9048, as amended by Republic Act No. 10172.
Sec. 4. Who May File the Application and Where. -  A woman who is or was 
validly married may file an application for reversion to her maiden name before the 
local civil registry office of the city or municipality where the marriage was registered.


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Sec. 5. Requirements for Reversion to Maiden Name. -  The application for
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reversion to maiden name may be allowed in any of the following cases:
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(1) A certified true machine copy of the certificate of the applicant;
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(2) A certified true machine copy of the marriage certificate of the applicant;
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(3) Certification form the appropriate law enforcement agencies that the
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applicant has no pending case or criminal record
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(4) Other documents which the applicant or the city or municipal civil
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registrar or the consul general may consider relevant and necessary for
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the approval of the application.
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Sec. 6. Form and Contents o f the Application. - The application shall be in the
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form of an affidavit, subscribed and sworn to before any person authorized by law to
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administer oaths. The affidavit shall set forth facts necessary to establish the merits
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of the application and shall show affirmatively that the applicant is competent to testify
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to the matters stated.
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The application and its supporting documents shall be filed in three (3) copies
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to be distributed as follows: first copy to the concerned city or municipal civil registrar,
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or the consul general; second copy to the Office of the Civil Registrar General; and
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third copy to the applicant.
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In addition, the application shall be published at least once a week for two (2)
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consecutive weeks in a newspaper of general circulation.
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Sec. 7. Petitions for Declaration o f Nullity, Annulment and Legal Separation. -
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A prayer for reversion to one's maiden name may be included in the following
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petitions:
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(1) Petition for declaration of nullity of a marriage;
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(2) Petition for annulment of a marriage;
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(3) Petition for legal separation; and
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(4) Petition for judicial declaration of separation of property.
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Sec. 8. Payment o f Fees. - The city or municipal civil registrar or the consul
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general shall be authorized to collect reasonable fees as a condition for accepting the
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application. An indigent applicant shall be exempt from the payment of the said fee.


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Sec. 9. The civil registrar or the consul general shall resolve the application 
within fifteen (15) days from receipt thereof.
Sec. 10. The civil registrar general, the Department of Justice, the Department 
of Foreign Affairs and the Office of the Supreme Court Administrator shall, in 
coordination with other concerned government agencies, issue the necessary rules 
and regulations for the effective implementation of this Act.
Sec. 11. Such amounts necessary for the effective implementation of this Act 
shall be included in the general appropriations Act of the year following its enactment.
Sec. 9. Any laws, decrees, instructions, promulgations, rules and regulations, 
or parts thereof that are inconsistent with or contrary to the provisions of this Act are 
hereby deemed modified, amended, or repealed accordingly.
Sec. 10. This Act shall take effect upon its publication in at least two (2) national 
newspapers of general circulation.
Approved,