SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.B. No. 2185 
) 
) 
) 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
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"14 
APR -1 . P5:1 f . 
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: 
u 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 I Mrs.'" 
In the case of Remo VB. Secretary of 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. 1£ 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 vs. Shari'a the Supreme Court held that after a declaration of 
nullity or absolute divorce (as under the Shari'a 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. Under Republic Act No. 8239, otherwise known as the Philippine Passport 
Act, a woman applicant may revert to the use of her maiden name in case of a divorce 
decree recognized under Philippine law, a declaration of annulment of marriage or 
declaration of nullity of marriage. 


Despite the laws and jurisprudence on the matter, there is still an incomplete 
realization of the woman's right to continue using her maiden name. 
Domestic 
situations such as legal separation, separation de facto and such other similar instances 
are areas where women may still be required to recourse to a court process for change 
of name in order to revert to the use of their maiden name. 
In order to truly realize 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, apnulrnent 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. 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S.B.No. 2185 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
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'14 
APR -1 P5:11 
ALLOWING WOMEN TO REVERT TO THEIR MAIDEN SURNAME, 
ESTABLISHING A PROCEDURE FOR REVERSION 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Reversion to Maiden 
2 
Name Act". 
3 
4 
SEC. 2. Declaration of Policy. -
The State shall value the dignity and 
5 
independence of women and guarantees full respect for their freedom of choice of' 
6 
surname. Hence, the State shall provide a method for reversion to maiden name to 
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fully empower women to be truly ipdependent in their social and economic affairs. 
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SEC. 3. Authority to Record a Reversion to Maiden Name. - No entry in a civil 
10 
register shall be changed or corrected without a judicial order, except as provided in 
11 
this Act and under Republic Act. No. 9048. 
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SEC. 4. Who May File the Petition and Where. - A woman who is or was validly 
14 
married may file a verified petition for reversion to her maiden name before the local 
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. civil registry office of the city or municipality where her record is kept. 
16 
17 
SEC. 5. Grounds for Reversion to Maiden Name. - The petition for reversion to 
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maiden name may be allowed in any of the following cases: 
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(1) After a marriage has been judicially declared null and void or after its 
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annulment; 
(2) After a judicial declaration of legal separation: Provided, That there has been 
no manifestation of reconciliation filed with the court; 


1 
(3) After a judicial declaration of separation of property: Provided, Th';'t there has 
2 
been no subsequent decree reviving the old property regime between the 
3 
spouses; 
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(4) If the spouses stipulated in their marriage settlement that a regime of' 
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separation of properties shall govern their property relations; 
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(5) If the petitioner has been de facto separated from or abandoned by her 
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husband for a period of not less than ten (10) years; or 
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(6) If the petitioner's husband may be presumed dead pursuant to the 
9 
circumstances, periods and conditions set forth in the Civil Code of the 
10 
Philippines and the Rules of Court. 
11 
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SEC. 6. Petitions for Declaration of 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. 
19 
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SEC. 7. 
The civil registrar general, the. Department of Justice, the 
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Department of Foreign Affairs and the Office of the Supreme Court Administrator shall, 
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in coordination with such other concerned government agencies, issue the necessary 
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rules and regulations for the effective implementation of this Act. 
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SEC.S. 
Such amounts necessary for the effective implementation of this 
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Act shall be included in the general appropriations Act of the year following its 
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enactment. 
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SEC. 9. 
Any laws, decrees, instructions, promulgations, rules and 
30 
regulations, or parts thereof that are inconsistent with or contrary to the provisions of 
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this Act are hereby deemed modified, amended, or repealed accordingly. 
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SEC. 10. 
This Act shall take effect upon its publication in at least two (2) 
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,national newspapers of general circulation. 
Approved, 
2