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(Rural
Bank of the Seven Lakes (S.P.C) Inc. vs. Dan, 575 SCRA
476 [2008])
o0o
G.R. No. 169202.
March 5, 2010.*
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The Facts
Petitioner Maria Virginia V. Remo is a married Filipino
citizen whose Philippine passport was then expiring on 27
October 2000. Petitioner being married to Francisco R.
Rallonza, the following entries appear in her passport:
Rallonza as her surname, Maria Virginia as her given
name, and Remo as her middle name. Prior to the expiry
of the validity of her passport, petitioner, whose marriage
still subsists, applied for the renewal of her passport with
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9Art. 370. A married woman may use:
(1) Her maiden first name and surname and add her husbands
surname, or
(2) Her maiden first name and her husbands surname or
(3) Her husbands full name, but prefixing a word indicating that she
is his wife, such as Mrs.
10 Section 5(d) for RA 8239 provides: In case of a woman who is
married, separated, divorced or widowed or whose marriage has been
annulled or declared by court as void, a copy of the certificate of marriage,
court decree of separation, divorce or annulment or certificate of death of
the deceased spouse duly issued and authenticated by the Office of the
Civil Registrar General: Provided, That in case of a divorce decree,
annulment or declaration of marriage as void, the woman applicant may
revert to the use of her maiden name: Provided, further, That such divorce
is recognized under existing laws of the Philippines;
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When a woman marries a man, she need not apply and/or seek
judicial authority to use her husbands name by prefixing the
word Mrs. before her husbands full name or by adding her hus
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11311 Phil. 696, 707; 241 SCRA 606, 615 (1995). See also Bar Matter No. 1625,
In re: Petition to Use Maiden Name in Petition to Take the 2006 Bar Examinations,
Josephine P. UyTimosa (En Banc Resolution dated 18 July 2006).
12Supra.
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bands surname to her maiden first name. The law grants her
such right (Art. 370, Civil Code). Similarly, when the marriage
ties or vinculum no longer exists as in the case of death of the
husband or divorce as authorized by the Muslim Code, the widow
or divorcee need not seek judicial confirmation of the change in
her civil status in order to revert to her maiden name as the use
of her former husbands is optional and not obligatory for
her (Tolentino, Civil Code, p. 725, 1983 ed.; Art. 373, Civil
Code). When petitioner married her husband, she did not
change her name but only her civil status. Neither was she
required to secure judicial authority to use the surname of her
husband after the marriage as no law requires it. (Emphasis
supplied)
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13Tolentino, Commentaries and Jurisprudence on the Civil Code of the
Philippines, Vol. 1 (1990 edition), p. 675.
14Id.
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use of her maiden name), she may not resume her maiden
name in the replacement passport.15 This prohibition,
according to petitioner, conflicts with and, thus, operates as
an implied repeal of Article 370 of the Civil Code.
Petitioner is mistaken. The conflict between Article 370
of the Civil Code and Section 5(d) of RA 8239 is more
imagined than real. RA 8239, including its implementing
rules and regulations, does not prohibit a married woman
from using her maiden name in her passport. In fact, in
recognition of this right, the DFA allows a married woman
who applies for a passport for the first time to use her
maiden name. Such an applicant is not required to adopt
her husbands surname.16
In the case of renewal of passport, a married woman
may either adopt her husbands surname or continuously
use her maiden name. If she chooses to adopt her
husbands surname in her new passport, the DFA
additionally requires the submission of an authenticated
copy of the marriage certificate. Otherwise, if she prefers to
continue using her maiden name, she may still do so. The
DFA will not prohibit her from continuously using her
maiden name.17
However, once a married woman opted to adopt her
husbands surname in her passport, she may not revert to
the use of her maiden name, except in the cases
enumerated in Section 5(d) of RA 8239. These instances
are: (1) death of husband, (2) divorce, (3) annulment, or (4)
nullity of marriage. Since petitioners marriage to her
husband subsists, she may not resume her maiden name in
the replacement passport. Otherwise stated, a married
womans reversion to the use of her maiden name must be
based only on the severance of the marriage.
Even assuming RA 8239 conflicts with the Civil Code,
the provisions of RA 8239 which is a special law specifically
deal
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15Rollo, pp. 264265.
16 See http://dfa.gov.ph/main/index.php/consularservices/passport.
17See http://dfa.gov.ph/main/index.php/renewalofpassport.
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