G.R. No. 206248 - Grande vs. Antonio

Petitioner Grace M. Grande and respondent Patricio T. Antonio cohabited as husband and wife despite Antonio’s existing marriage.
Two sons were born of this illicit union: Andre Lewis (February 8, 1998) and Jerard Patrick (October 13, 1999), whose births were registered under Grande’s surname.

In May 2007, Grande left for the United States with the children. Antonio then filed before RTC Branch 8 of Aparri, Cagayan a Petition for Judicial Approval of Recognition, praying also for parental authority, physical custody, correction of surname, support, and preliminary injunction, attaching a notarized Deed of Voluntary Recognition.
On September 28, 2010, the RTC granted Antonio’s petition, adjudging:

Judicial recognition of paternity;
Entry of Antonio as the children’s father and change of their surname from Grande to Antonio;
Joint parental authority with primary physical custody to Antonio (Monday–Friday) and Grande (weekends);
Monthly support of ₱30,000 (70% Antonio, 30% Grande);
Injunction against removing the children from the country without consent or court permission.

Grande’s motion for reconsideration was denied as pro forma and for lack of merit (November 22, 2010).

Grande appealed to the CA (CA-G.R. CV No. 96406), alleging error in depriving the mother of sole custody of illegitimate children.
On July 24, 2012, the CA partly granted the appeal, ordering:

Entry of surname Antonio in the children’s birth certificates;
Sole custody to Grande and visitorial rights to Antonio twice a week, subject to written consent for outings;
Support of ₱30,000 monthly (70% Antonio, 30% Grande).

Grande’s motion for partial reconsideration, contesting only the surname change, was denied (March 5, 2013).

Grande filed a Petition for Review on Certiorari under Rule 45, contending that Article 176 of the Family Code, as amended by RA 9255, uses permissive language and does not allow a father to compel his illegitimate children to bear his surname without the mother’s or children’s consent.

Whether, under Article 176 of the Family Code as amended by RA 9255, a father who recognizes his illegitimate children may compel them to use his surname without the mother’s or children’s consent.
Whether the Implementing Rules and Regulations (IRR) of RA 9255, specifically OCRG Administrative Order No. 1 Series 2004 (Rules 7 and 8), mandating the change of surname upon recognition, validly interpret and implement Article 176.
Whether the children’s best interest and their expressed opposition to surname change warrant a remand for evidentiary determination.