B.M.

1625 Josephine Uy Timosa

Facts:

The petitioner, Josephine Uy-Timosa, requests that she be allowed to use her maiden
name in her petition to take the 2006 bar examinations. She alleges that despite of her
marriage, she continued to use her maiden name in all her transactions including her
records in UST, but not her records with CHED. She further alleges that she and her
husband have been separated since May of 2000 and that a petition for declaration of
Nullity of Marriage was pending before the RTC of Manila Branch 5 and was set for a
decision on august 1 2006

Issue
W/N the petitioner has the right to use her maiden name in her petition to take the bar
exams

Held
The Court granted the petition stating that Marriage does not change a woman’s name
but merely her civil status. Under Article 370 of the civil code, a married woman may
use 1) her maiden first and last name and add her husbands surname or 2) Her maiden
first name and her husband’s surname or 3) Her husband’s full name but a prefixing of a
word indicating that she is his wife, such as Mrs. The wife has no obligation to change
her name upon marriage, it is simply permitted. It is an option for a wife but not her
duty to change her name