Facts:
Petitioner Maria Virginia V. Remo is married to Francisco R. Rallonza. In her passport, the following entries appear: “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 the Department of Foreign Affairs (DFA) office in Chicago, Illinois, U.S.A., with a request to revert to her maiden name and surname in the replacement passport. However, the petitioner’s request was denied. Petitioner thus appealed, arguing that RA 8239 (Philippine Passport Act of 1996) conflicted with and was an implied repeal of Article 370 of the Civil Code which allows the wife to continue using her maiden name upon marriage.
Petitioner Maria Virginia V. Remo is married to Francisco R. Rallonza. In her passport, the following entries appear: “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 the Department of Foreign Affairs (DFA) office in Chicago, Illinois, U.S.A., with a request to revert to her maiden name and surname in the replacement passport. However, the petitioner’s request was denied. Petitioner thus appealed, arguing that RA 8239 (Philippine Passport Act of 1996) conflicted with and was an implied repeal of Article 370 of the Civil Code which allows the wife to continue using her maiden name upon marriage.
Issue:
Can Maria Virginia change her surname “Rallonza” to her middle name “Remo” in her replacement passport despite the subsistence of her marriage?
Held:
A married woman has an option, but not an obligation, to use her husband’s surname upon marriage. She is not prohibited from continuously using her maiden name because when a woman marries, she does not change her name but only her civil status. RA 8239 does not conflict with this principle.
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 Department of Foreign Affairs (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 husband’s surname.
In the case of renewal of passport, a married woman may either adopt her husband’s surname or continuously use her maiden name. If she chooses to adopt her husband’s 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.
However, once a married woman opted to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in the following cases enumerated in Section 5(d) of RA 8239: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage. Since Remo’s marriage to her husband subsists, she may not resume her maiden name in the replacement passport. Otherwise stated, a married woman’s 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 dealing with passport issuance must prevail over the provisions of title xiii of the civil code which is the general law on the use of surnames. a basic tenet in statutory construction is that a special law prevails over a general law. (Remo vs Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010).
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 Department of Foreign Affairs (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 husband’s surname.
In the case of renewal of passport, a married woman may either adopt her husband’s surname or continuously use her maiden name. If she chooses to adopt her husband’s 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.
However, once a married woman opted to adopt her husband’s surname in her passport, she may not revert to the use of her maiden name, except in the following cases enumerated in Section 5(d) of RA 8239: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage. Since Remo’s marriage to her husband subsists, she may not resume her maiden name in the replacement passport. Otherwise stated, a married woman’s 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 dealing with passport issuance must prevail over the provisions of title xiii of the civil code which is the general law on the use of surnames. a basic tenet in statutory construction is that a special law prevails over a general law. (Remo vs Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010).
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