FREE LEGAL ADVICE IN DEAR PAO COLUMN

Dear PAO,

It’s been four years since I and my husband signed a legal separation in the barangay and since then, I did not see him and he did not support our daughter. All of my documents and identification I am using at present are in his name. I want to change my name back into my maiden name. Also, I want to annul our marriage but I don’t have enough money for it. Can PAO help to process my annulment? How long will it take?

Andrea Dear Andrea,

First of all, the “legal separation” you have signed in the barangay is not the legal separation contemplated by law. A proper legal separation has to be decreed by a court after a proper hearing based on grounds provided in Title II of the Family Code of the Philippines. Thus, the legal separation you signed in your barangay does not carry any consequence with regard to your marriage.

As to your desire to revert to your maiden name, considering that you are still married in the eyes of the law, the Civil Code of the Philippines provides for several options as to the names you may use.

“Article 370. A married woman may use:

(1) Her maiden first name and surname and add her husband’s surname, or

(2) Her maiden first name and her husband’s surname or

(3) Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

As a married woman, you can maintain your name and surname or use any of the names in accordance with the aforementioned law which is considered directory and permissive in character because a married woman does not change her name but only her civil status (Melencio Sta. Maria, Persons and Family Relations Law, 2010). Therefore, you can rightfully revert to your maiden name as you wish.

However, with regard to the name in passport IDs, the Supreme Court held in Remo v. Honorable Secretary of Foreign Affairs, G.R. No 169202, March 5, 2010 citing Republic Act (R.A.) No. 8239 or the law regulating the issuance of passport, that a married woman who chose to use the surname of her husband in her passport must continue using it and cannot revert to using her maiden name unless their marriage was annulled or nullified by the court.

With regard to legal aid, the Public Attorney’s Office can give you assistance provided that your basis for annulment is meritorious and that you qualify as an indigent. You may proceed to the nearest PAO-district office in your place for evalua- tion of your case and submit any of the following documents as proof of your qualification:

1. Latest Income Tax Return or pay slip or other proofs of income;

(2) Certificate of Indigency from the Department of Social Welfare and Development, its local District Office, or the Municipal Social Welfare and Development Office of the place where you are residing; or

(3) Certificate of Indigency from the Barangay Chairman having jurisdiction over your place of residence (PAO Operations Manual).

Finally, there is no exact answer as to length of time before one can get a final decree of annulment from the court. This shall depend on several things, including among others, the completion of necessary documents and the scheduling of the hearings by the court.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.