But I have never been asked at all if a woman can still continue the use of the surname of her husband if their marriage is later annulled.
Let us just say, however, that there is a certain woman whose marriage has already been annulled and yet still wants to continue using the surname of her former husband.
Can she do so legally? Or is she given no other option but to use her maiden name and surname again?
By law, if she is the guilty spouse, a woman whose marriage is later annulled has no other choice but to resume her maiden name and surname.
But if she is the innocent spouse, she is given the option to resume her maiden name and surname or continue the use of the surname of her former husband, if, of course, she so desires.
There are, however, two instances when a woman in an annulled marriage can no longer continue the use of the surname of her former husband even if she is the innocent spouse.
The first is when the court says she can no longer use it. And the second is when she or her former husband is married again to another person.
- Article 371 of the Civil Code of the Philippines
- Hatima C. Yasin, represented by her Attorney-in-Fact, Hadji Hasan S. Centi vs The Honorable Judge, Shari’a District Court, Third Shari’a Judicial District, Zamboanga City (R. No. 94986, February 23, 1995)
- In the Matter of the Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 148311, March 31, 2005)