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MARIA VIRGINIA V. REMO, Petitioner, vs. THE HONORABLE SECRETARY OF FOREIGN AFFAIRS, Respondent

The Supreme Court denied the petitioner's request to revert to her maiden name on her replacement passport despite her marriage still subsisting. According to Philippine law, a married woman can either adopt her husband's surname or continue using her maiden name, but once she has opted to use her husband's surname, she cannot switch back except in cases of divorce, annulment, death of the husband, or nullity of marriage. As the petitioner's marriage remained ongoing, she was not permitted to change her surname back under the Philippine Passport Act of 1996. The special law on passports takes precedence over the general Civil Code provisions regarding surname use.

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88 views2 pages

MARIA VIRGINIA V. REMO, Petitioner, vs. THE HONORABLE SECRETARY OF FOREIGN AFFAIRS, Respondent

The Supreme Court denied the petitioner's request to revert to her maiden name on her replacement passport despite her marriage still subsisting. According to Philippine law, a married woman can either adopt her husband's surname or continue using her maiden name, but once she has opted to use her husband's surname, she cannot switch back except in cases of divorce, annulment, death of the husband, or nullity of marriage. As the petitioner's marriage remained ongoing, she was not permitted to change her surname back under the Philippine Passport Act of 1996. The special law on passports takes precedence over the general Civil Code provisions regarding surname use.

Uploaded by

Ronnel Abando
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Case Digest: MARIA VIRGINIA V. REMO, petitioner, vs.

THE
HONORABLE SECRETARY OF FOREIGN AFFAIRS, respondent
G.R. No. 169202
March 05, 2010

CARPIO, J.:

Facts:

Petitioner Maria Virginia V. Remo is a married Filipino citizen whose philippine passport was
then expiring on 27 October 2000. Petitioner being married to Francisco R. Rallonza, the
following entries appears in her passport: "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.

On 28 August 2000, the DFA, through Assistant Secretary Belen F. Anota, denied the request for
the reason stated in The Implementing Rules and Regulations for Philippine Passport Act of
1996 which states that the conditions when a woman applicant may revert to her maiden
name, that is, only in cases of annulment of marriage, divorce and death of the husband.

On 15 November 2000, petitioner filed an appeal with the office of the president
in which the latter On 27 July 2004, dismissed the appeal and ruled that Section 5(d) of Republic
Act No. 8239 (RA 8239) or the Philippine Passport Act of 1996 which states that “offers no
leeway for any other interpretation than that only in case of divorce, annulment, or declaration
[of nullity] of marriage may a married woman revert to her maiden name for passport
purposes."

Issues:

Whether or not the petitioner, who originally used her husband's surname in her expired
passport, can revert to the use of her maiden name in the replacement passport, despite the
subsistence of her marriage.
Held:

Supreme Court ruled that the petition is hereby denied. In renewal of passport, according to
Title XIII Article 370 of the Civil Code which governs the use of surnames, in the case of a
married woman, she may either adopt her husband's surname or continuously use her maiden
name. 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 cases enumerated in Section 5(d) of RA 8239. These
instances are: (1) death of husband, (2) divorce, (3) annulment, or (4) nullity of marriage. Since
petitioner's marriage to her husband subsists, she may not resume her maiden name in the
replacement passport.

Furthermore, the Supreme Court enunciated that in case of conflict between RA 8239 special
law specifically dealing with passport issuance and the Title XIII of the Civil Code which is the
general law on the use of surnames, we apply a familiar rule of statutory construction
“generalia specialibus non derogant” which provides that to the extent of any necessary
repugnancy between a general and a special law or provision the latter will control the former
without regard to the respective dates of passage.

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