Case Digest (G.R. No. L-55538)
Facts:
In the Matter of the Change of Names of Dionesio Divinagracia, Jr., and Bombi Roberto Divinagracia to Dionesio Naldoza and Bombi Roberto Naldoza, G.R. No. L-55538, March 15, 1982, Supreme Court Second Division, Aquino, J., writing for the Court.Zosima Naldoza, as natural guardian and guardian ad litem of her two minor sons, petitioned the Court of First Instance of Bohol (Special Proceeding No. 768) on August 10, 1978 for an order changing the surnames of Dionesio Divinagracia, Jr. (born October 23, 1970) and Bombi Roberto Divinagracia (born July 22, 1973) from Divinagracia (their father’s surname) to Naldoza (their mother’s surname). Zosima and Dionesio Divinagracia had been married on May 30, 1970; thereafter the husband left the conjugal home after Zosima confronted him about a prior marriage and never returned.
The petition alleged that the father had allegedly defrauded several persons (including a Congressman and others) and that classmates teased the children because of their father’s reported conduct; two criminal complaints for estafa were filed against him. After due publication and hearing, the trial court denied the petition, holding that the grounds urged — the father’s alleged swindling, abandonment, and the fact that his earlier marriage had not been annulled — were insufficient; the court reasoned that allowing the minors to bear only their mother’s surname would give a false impression as to family relationship and could cause confusion about parentage.
Challenging that decision, Zosima Naldoza appealed to the Supreme Court under Republic Act No. 5440. The appellate question was whether the minors should be permitted to discontinue using their father’s surname...(Pro-only)
Issues:
- Whether the petition to change the surnames of the two minors from their father’s surname (Divinagracia) to their mother’s surname (Naldoza) should be gr...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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