Photo from Pexels | Jeremy Wong
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Article 370 of the Civil Code allows a married woman to choose whether to retain her maiden name or use her husband’s surname in various forms.
Article 370 of the Civil Code provides that 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.”
It is important to note that Article 370 uses the word “may,” which is generally interpreted as permissive or directory. As held in the case of Ombudsman v. Court of Appeals (G.R. No. 159395, May 7, 2008), the Supreme Court held that the use of the word “may” is ordinarily construed as permissive or directory, indicating that a matter of discretion is involved.
This means that the decision is within the woman’s discretion. Thus, the use of a surname under Article 370 is entirely optional. A married woman may choose to keep her maiden surname or adopt her husband’s surname, based on her personal preference, in accordance with the provisions of Article 370.
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
All rights reserved.