President Ferdinand Marcos Jr. signed into law Republic Act No. 11893 or the “New Philippine Passport Act” on 11 March 2024, that repealed Republic Act No. 8239 or the “Philippine Passport Act of 1996.” The law seeks to streamline and digitalize the issuance and renewal of Philippine passports and provide heavy penalties for criminal acts involving their use.
One of the laudable salient features of the law are enshrined in Section 5(e) and 5(f), which permit married women who adopted the name of their husband in their previously issued passports, to revert and resume the use of their maiden name in their renewal application.
As a background, the Civil Code provides that married women are not legally obligated to change their given name. Hence, she may continuously use her maiden name. It is explained in jurisprudence that a woman who marries only changes her civil status, although she may choose to adopt her husband’s name.
Previously, the Philippine Passport Act of 1996 placed a limitation in the use of one’s maiden name. Only those who consistently used it from the initial issuance of a passport up to a present application, can use the same. Hence, once a woman adopts the name of her husband in her passport, she can no longer revert to the use of her maiden name in the renewal process, except in cases of: (1) annulment; (2) declaration of nullity of marriage; (3) judicially recognized divorce; or (4) death of a husband.
Now, the New Philippine Passport Act repealed the limitation and accommodates married women who simply want to revert to the use of their birth name, to be able to do so. The amendment allows voluntary reversion for women in a subsisting marriage. The other causes for reversion remain, specifically those involving annulment, declaration of a nullity of a marriage, legal separation, judicial recognition of a foreign divorce or divorce, or a death of a husband.
However, the State still regulates its exercise by mandating that a woman can only revert to the use of her maiden name once.
The law provides three requirements for reversion. First, one must submit the necessary documents to the DFA or its consular offices. Second, the law provides that reversion to the use of one’s maiden name must likewise be reflected in all other existing identification cards and pertinent documents of the person. Third, as mentioned, the applicant must have no record of prior grant of reversion.
The encouraged template to be used for an affidavit of explanation may be found here.
Overall, the New Philippine Passport Act is a welcome development in expanding the choices of women in perpetuating their original family name and honoring their heritage or descent. This progress is in keeping with the country’s treaty obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (“CEDAW”) which seeks to empower women.
One way this law aligns with the CEDAW is by acknowledging the existence of married women who have changed their mind regarding the use of their husband’s name. It facilitates the re-recording of women’s maiden name in their passport, which is one of the commonly used proofs of identity in the country.
You may access a copy of the law through this link.
