Case Digest (G.R. No. L-16384)
Facts:
In the Matter of the Petition to Change the Name of Go Chang to Jayme S. Tan, G.R. No. L-16384, April 26, 1962, the Supreme Court En Banc, Paredes, J., writing for the Court. Petitioner-appellee Jayme S. Tan (born Go Chang) filed a verified petition in the Court of First Instance of Cebu on March 12, 1959 (Sp. Proc. No. 189-R) to change his name to Jayme (Jaime) S. Tan. The petition alleged jurisdictional facts (age, status, citizenship, residence, place of birth, parents) and explained that petitioner had been registered with the Local Civil Registrar and the Bureau of Immigration under the name Go Chang, baptized as Jaime Descals Go Chang, but enrolled in school and known socially as Jayme S. Tan (Tan being his uncle’s surname; the middle initial “S” representing his mother’s surname Lim Sy). He claimed the change was sought to correct an error and avoid confusion and to obtain a medical number from the Board of Medical Examiners.At the trial-court hearing petitioner offered documentary proof of publication (Exhibits A, A-1 to A-3) and testified to his asserted continuous use of the name Jayme S. Tan from elementary through college. The Provincial Fiscal (representing the Solicitor General) cross-examined but filed no written opposition; the trial court denied the Fiscal’s motion for a bill of particulars as unnecessary and delayed. On August 29, 1959, the Court of First Instance granted the petition under authority of Rule 103 of the Rules of Court, finding good faith and absence of intent to change nationality or to create confusion, and ordered registration of the new name with the local civil registrar.
The Provincial Fiscal of Cebu moved for reconsideration on September 3, 1959; the motion was denied on September 12, 1959. The Republic of the Philippines (oppositor and appellant), through the Provincial Fiscal and the Solicitor General, appealed to the Supreme Court. The State’s appeal raised two principal points: (1) the lower court lacked juri...(Subscriber-Only)
Issues:
- Did the trial court acquire jurisdiction to entertain the petition for change of name despite the discrepancy in the spelling of the petitioner’s name in the petition and the published order?
- Did petitioner prove proper and reasonable cause to warrant judicial change of his n...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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