Tuesday, May 8, 2018

IN THE MATTER OF THE PETITION FOR CHANGE OF NAME OF MARIA ESTRELLA VERONICA PRIMITIVA DUTERTE

IN THE MATTER OF THE PETITION FOR CHANGE OF NAME OF MARIA ESTRELLA VERONICA PRIMITIVA DUTERTE, ESTRELLA S. ALFON

vs.

REPUBLIC OF THE PHILIPPINES

G.R. No. L-51201 

May 29, 1980


FACTS:

Petitioner's parents are Filomeno Duterte and Estrella Veronica Primitiva Duterte. She was registered at the local Civil Registrar's Office as Maria Estrella Veronica Primitiva Duterte. She has been taken cared of by Mr. and Mrs. Hector Alcon. When petitioner started schooling, she used the name Estrella S. Alfon and this is shown in her scholastic records. Petitioner exercised her right of suffrage under the same name. 
She then filed the petition to change her name. The lower court denied the petition citing Article 364 of the Civil Code which provides that legitimate and legitimated children shall principally use the surname of the father. It only allowed the petition insofar as the first name but denied it with respect to the surname. 


ISSUE:

Whether the petition for change of name of the petitioner should be granted. 

RULING:

Yes. The Supreme Court held that the lower court should have fully granted the petition. The SC held that Art. 364 of the Civil code used the word "principally" and as used in the codal provision is not equivalent to "exclusively" so that there is no legal obstacle if a legitimate or legitimated child should choose to use the surname of its mother to which it is equally entitled. 

Moreover, the SC cited its decision in the case of Haw Liong vs. Republic wherein the following may be considered, among others as proper or reasonable causes that may warrant the grant of a petitioner for change of name; (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated; and (3) when the change is necessary to avoid confusion as written in the Civil Code of the Philippines. 

In the case at bar, it has been shown that petitioner has, since childhood, borne the name Estrella S. Alfon although her birth records and baptismal certificate show otherwise; she was enrolled in the schools from the grades up to college under the name Estrella S. Alfon; all her friends call her by this name; she finished her course in Nursing in college and was graduated and given a diploma under this name; and she exercised the right of suffrage likewise under this name. There is therefore ample justification to grant fully her petition which is not whimsical but on the contrary is based on a solid and reasonable ground, i.e. to avoid confusion.

The order appealed from was modified in that, the petitioner was allowed to change not only her first name but also her surname so as to be known as ESTRELLA S. ALFON. 



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