G.R. No. L-32613-4 - People vs. Ferrer

Petition filed by Maria Estrella Veronica Primitiva Duterte, represented by Atty. Rosauro Alvarez, under Republic Act No. 5440.
The petition requests a change of name from Maria Estrella Veronica Primitiva Duterte to Estrella S. Alfon.
Notice of the petition was published in the Times Journal on July 28, August 5, and August 11, 1978, and copies were furnished to the Office of the Solicitor General.
At the December 14, 1978 hearing, petitioner’s counsel and Fiscal Donato Sor. Suyat, Jr. participated, with the Deputy Clerk of Court appointed as commissioner for receiving evidence.

Testimonial and documentary evidence confirming that petitioner was born on May 15, 1952, at the U.S.T. Hospital and registered under the name Maria Estrella Veronica Primitiva Duterte.
Baptismal certificate from St. Anthony de Padua Church, Singalong, Manila, certifying her baptism as Maria Estrella Veronica Primitiva Duterte.
School records from elementary up to college which consistently show that she was registered as Estrella S. Alfon.
Evidence of her exercise of the right of suffrage and lack of any criminal record.
Testimony regarding her long-standing use of the name Estrella S. Alfon, including the fact that family members, friends, and acquaintances have known her by this name.

Petitioner’s parents are Filomeno Duterte and Estrella B. Alfon, as indicated in her birth records and baptismal certificate.
Although her biological registration is under Duterte, she was raised by Mr. and Mrs. Hector Alfon, suggesting an influential parental role from the maternal side.
Residential history includes living at 728 J. R. Yulo Street corner Ideal Street, Mandaluyong, Metro Manila for 23 years, together with her uncle, Hector Alfon.

The petitioner alleged that she has used the name Estrella S. Alfon since infancy, both in personal and academic contexts.
She argued that her enrollment in schools, from grade school through college, was under the name Estrella S. Alfon.
The usage of the name in various facets of her life (e.g., suffrage records, academic diplomas) reflects a well-established identity that differs from her birth name.
Petitioner asserted that the consistent use of the maternal surname aids in avoiding confusion, as it is the name by which she is universally recognized.

Whether the petitioner’s long-standing use of the name Estrella S. Alfon constitutes a proper and reasonable ground for changing her name in open court.
The issue of whether the change should encompass both her first name and her surname, given that her birth records indicate her father’s surname (Duterte).

Whether Article 364 of the Civil Code, which states that legitimate and legitimated children shall principally use the surname of the father, precludes the petitioner from legally adopting her mother’s surname.
The legal interpretation of the term “principally” in this context – if it implies an exclusive use of the paternal surname or allows for the use of the maternal surname as well.

Whether the precedent set in Haw Liong vs. Republic, which considers factors like the avoidance of confusion and well-established use of a name, applies in determinations of proper or reasonable cause for change of name.