By Mario Casayuran

Women should be allowed to revert to their maiden surname without the “tedious and expensive” court process associated with it, Senator Manuel ‘’Lito’’ Lapid said Friday.

This after Lapid filed Senate Bill No. 985, also known as the Reversion to Maiden Name Act.

“The bill, according to Lapid, intends to empower women to be truly independent in their social and economic affairs by granting them freedom to use their maiden surname.

The explanatory note in the bill states that in the current law, a married woman has the option to use her husband’s surname, but is not required to do so.

However, with the current regulatory set-up, Lapid pointed out that there still were barriers for the exercise of this right of reversion to maiden name.

He said there were still “discriminatory policies and practices” in some government agencies which require a married woman to adopt her husband’s surname in application forms and other records and even refuse to process legitimate transactions of married women who opt to use their maiden name.

“Halimbawa na lamang ay kung mag-aapply ng passport ang isang babae na hiwalay na sa kanyang asawa. Ayon sa ating batas, pwedeng baguhin ang apelyido ng isang babae sa kanyang pasaporte kung namatay na ang kanyang asawa o di kaya naman sila ay annulled na. O kung ikaw ay ikinasal sa ibang bansa at nakipagdiborsiyo sa iyo ang iyong asawa,” Lapid said. (What about a woman seeking a passport but is separated from her husband? Current laws state that the woman’s surname can only be changed when her husband is dead or their marriage has been annulled or you were married abroad and your husband has divorced her.)

Lapid added: “Ang ganitong klase ng napakahigpit na panuntunin ay nakakahadlang naman sa karapatan ng ating mga kababaihan.” (This kind of strictness forms a barrier to the exercise of a woman’s right.)

Under Republic Act. No. 8239, known as the Philippine Passport Act, a divorce decree recognized under Philippine law, a declaration of annulment of marriage or declaration of nullity of marriage is a requirement for the issuance of passports for divorced or annulled women.

The law further provides that an amendment of a woman’s name on her passport may only be done based on the following grounds: death of spouse, annulment of marriage or divorce initiated by a foreign spouse.

The bill intends to facilitate women’s right to revert to their surname in instances of legal separation, annulment or declaration of nullity of their marriage.

It shall also empower the office of the civil registrar, the Department of Justice, the Department of Finance, the Supreme Court and such other concerned government agencies to provide for a procedure for a woman’s choice to revert to her maiden name.

Moreover, the bill also seeks to expand the scope of the civil registrar’s power to change or correct entries in the civil register without a judicial order.