Short answer. Yes. Under Article 371 of the Civil Code, if the wife is the guilty party in an annulment, she must resume her maiden name and surname. The innocent spouse, by contrast, has a choice — she may resume her maiden name or continue using her former husband's surname, subject to certain conditions.
What the law says
In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname.
Civil Code, Article 371 — Wife’s Name After Annulment. Read the full provision →
The rule for the guilty wife
Article 371 of the Civil Code draws a clear line between the guilty and innocent spouse after annulment. For the wife found to be the guilty party, the rule is mandatory: "In case of annulment of marriage, and the wife is the guilty party, she shall resume her maiden name and surname." The word shall leaves no room for a different outcome. Once the annulment decree becomes final and the court has found her to be the guilty spouse, she must revert to the name she carried before the marriage — no court order specifically directing the name change is required; the statute does it automatically.
The choice available to the innocent wife
The innocent wife has more flexibility. Article 371 provides that if she is the innocent spouse, she may resume her maiden name — but she may also choose to continue using her former husband's surname. That choice, however, is not unconditional. The statute identifies two events that end the option to retain the former husband's name: first, if the court decrees otherwise; second, if either she or her former husband marries again. Remarriage by either party automatically cuts off her right to carry the surname of a man she is no longer connected to.
Practical effect on IDs and documents
The name change that follows annulment requires updating official records. For a wife directed to resume her maiden name, the practical step is to present the certified copy of the final annulment decree to government agencies — civil registry, PSA, DFA for passports, LTO, SSS, PhilHealth, GSIS, and any financial institution. The decree is the legal basis for the change; a separate petition is generally not required for administrative corrections flowing directly from the court order. Acting quickly reduces the period of inconsistency between legal name and identification documents.
If you are not sure which party is the 'guilty' one
The label of 'guilty spouse' is specific to the grounds of annulment. In a declaration of nullity — where the marriage is void from the start — Article 371 does not apply directly. The rule is also interpreted in light of which party the court found responsible for the ground that broke the marriage. If the annulment was decreed on a ground like psychological incapacity, the designation of guilt may not track the common understanding of fault. If you are uncertain how the court characterized your situation, review the dispositive portion of the decision carefully before deciding how to handle your name.