A married woman has an option, but not a duty, to use the surname of the husband

Title XIII of the Civil Code governs the use of surnames. In the case of a married woman, Article 370 of the Civil Code provides:

ART. 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 husband's surname, or

(3) her husbands full name, but prefixing a word indicating that she is his wife, such as mrs.

We agree with petitioner that the use of the word may in the above provision indicates that the use of the husbands surname by the wife is permissive rather than obligatory. Clearly, a married woman has an option, but not a duty, to use the surname of the husband in any of the ways provided by Article 370 of the Civil Code. She is therefore allowed to use not only any of the three names provided in Article 370, but also her maiden name upon marriage. She is not prohibited from continuously using her maiden name once she is married because when a woman marries, she does not change her name but only her civil status. Further, this interpretation is in consonance with the principle that surnames indicate descent. [Ma. Virginia V. Remo vs. The Honorable Secretary of Foreign Affairs, G.R. No. 169202, March 5, 2010]

See Remo vs Sec. of Foreign Affairs case digest