Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No 6028

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT ALLOWING WOMEN TO REVERT TO THEIR MAIDEN SURNAME,
ESTABLISHING A PROCEDURE FOR REVERSION AND APPROPRIATING FUNDS
THEREFORE

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 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
chose 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 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
therefore. 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 proposed 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.

ee ae ARROYO
2'

District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

House Bill No. 6028

Introduced by Representative GLORIA MACAPAGAL ARROYO

AN ACT ALLOWING WOMEN TO REVERT TO THEIR MAIDEN SURNAME,
ESTABLISHING A PROCEDURE FOR REVERSION AND APPROPRIATING FUNDS
THEREFORE

Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Reversion to Maiden Name

Sec. 2. Declaration of 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.

Sec. 4. Who May File the Petition and Where. — A woman who is or was
validly married may file a verified petition for reversion to her maiden name before the
local civil registry office of the city or municipality where her record is kept.

Sec. 5. Grounds for Reversion to Maiden Name. — The petition for reversion to
maiden name may be allowed in any of the following cases:

1) After a marriage has been judicially declared null and void or after its
annulment;

2) After a judicial declaration of legal separation: Provided, That there has been
no manifestation of reconciliation filed with the court;

3) After a judicial declaration of separation of property: Provided, That there has
been no subsequent decree reviving the old property regime between the
spouses;

4) If the spouses stipulated in their marriage settlement that a regime of
separation of properties shall govern their property relations;

5) If the petitioner has been de facto separated from or abandoned by her
husband for a period of not less than ten (10) years; or

6) If the petitioner's husband may be presumed dead pursuant to the
circumstances, periods and conditions set forth in the Civil Code of the
Philippines and the Rules of Court.


Sec. 6. Petitions for Declaration of Nullity, Annulment and Legal Separation.
— A prayer for reversion to one’s maiden name may be included in the following
petitions:

1) Petition for declaration of nullity of a marriage;
2) Petition for annulment of a marriage;

3) Petition for legal separation; and

4) Petition for judicial declaration of separation of property.

Sec. 7. Responsible Agencies. - The Civil Registrar, the Department of
Justice, the Department of Foreign Affairs and the Office of the Supreme Court
Administration shall, in coordination with such other concerned government agencies,
issue the necessary rules and regulations for the effective implementation of this Act.

Sec. 8. Funding. - Such amounts necessary for the effective implementation
of this Act shall be included in the general appropriations act of the year following this
enactment.

Sec. 9. Repealing Clause. - All executive orders. Laws and department orders
and parts thereof contrary to or inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Sec. 10. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in at least two newspapers of general circulation.

Approved,