Case Digest (G.R. No. L-51201)
Facts:
The case involves a petition for a change of name filed by Maria Estrella Veronica Primitiva Duterte, represented by her counsel, Atty. Rosauro Alvarez, against the Republic of the Philippines. The petition was filed on April 28, 1978, in the Court of First Instance of Rizal, Branch XXIII. The petitioner sought to change her name from Maria Estrella Veronica Primitiva Duterte to Estrella S. Alfon. The notice for the hearing was published in the Times Journal on July 28, August 5, and August 11, 1978, and a copy was provided to the Office of the Solicitor General. During the hearing on December 14, 1978, Atty. Alvarez represented the petitioner, while Fiscal Donato Sor. Suyat, Jr. represented the government. The court appointed a Deputy Clerk of Court as commissioner to receive evidence.
The evidence presented showed that the petitioner was born on May 15, 1952, at the U.S.T. Hospital and was registered under her full name. She was baptized with the same name on June 15, 19...
Case Digest (G.R. No. L-51201)
Facts:
Petitioner's Background:
- Maria Estrella Veronica Primitiva Duterte was born on May 15, 1952, at U.S.T. Hospital and was registered under that name.
- She was baptized as Maria Estrella Veronica Primitiva Duterte on June 15, 1952, at St. Anthony de Padua Church, Singalong, Manila.
- Her parents are Filomeno Duterte and Estrella B. Alfon.
Custody and Upbringing:
- Since infancy, she has been cared for by her uncle, Hector Alfon, and his wife.
- She has resided with them at 728 J. R. Yulo Street, Mandaluyong, Metro Manila, for 23 years.
Use of the Name "Estrella S. Alfon":
- She has used the name Estrella S. Alfon since childhood.
- She attended Stella Maris College from elementary to high school and Arellano University for her Bachelor of Science in Nursing, all under the name Estrella S. Alfon.
- She exercised her right to suffrage under the same name.
- She has no criminal record.
Petition for Change of Name:
- Filed on April 28, 1978, seeking to change her name from Maria Estrella Veronica Primitiva Duterte to Estrella S. Alfon.
- The petition was published in the Times Journal, and the Office of the Solicitor General was notified.
Lower Court's Decision:
- The Court of First Instance of Rizal partially granted the petition, allowing the change of her first name to "Estrella" but denying the change of her surname from "Duterte" to "Alfon."
- The court cited Article 364 of the Civil Code, which mandates that legitimate children primarily use their father's surname.
Issue:
- Whether the lower court erred in denying the petitioner's request to change her surname from "Duterte" to "Alfon."
- Whether the use of the mother's surname by a legitimate child is legally permissible under Article 364 of the Civil Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)