Filipino women who wish to revert to using their maiden surname in case of separation, presumptive death and dissolution of marriage, have found an ally in Pampanga Rep. Gloria Macapagal Arroyo.
The former president filed the House Bill 6028 or the Reversion to Maiden Name Act aims to “facilitate women’s right to revert to her username in instances of legal separation, annulment or declaration of nullity of their marriage” without a judicial order.
In the Philippines, the use of a husband’s surname is not mandatory, but laws prohibit women from using their maiden names without a court order.
“In order to truly realize the woman’s right to use her maiden name, the present measure deletes the tedious and expensive court process that might be associated therewith, Arroyo said in a statement.
Under the bill, a woman may revert to her maiden surname if put under the following circumstances:
- After her marriage has been judicially declared null and void or after its annulment
- After a judicial declaration of legal separation, provided that there has been no manifestation of reconciliation filed with the court
- After a judicial declaration of separation of property, provided there has been no subsequent decree reviving the old property regime between the spouses
- If the spouses stipulated in their marriage settlement that a regime of’ separation of properties shall govern their property relations
- If the petitioner has been de facto separated from or abandoned by her husband for a period of not less than 10 years
- If the petitioner’s husband may be presumed dead pursuant to the circumstances, periods and conditions set forth in the Civil Code of the Philippines and the Rules of Court
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