Title
IN RE: Tse vs. Republic
Case
G.R. No. L-20708
Decision Date
Aug 31, 1967
Minors sought to change their names to those used since birth and in school records; their mother acted as guardian ad litem. The Supreme Court upheld the petition, citing proper representation and sufficient justification for the change.

Case Digest (G.R. No. L-20708)

Facts:

In Re: Petition to Change Name. Felimon Tse and Alice Tse, Thru Their Guardian Ad Litem Ismaela Dawat, Petitioners-Appellees, vs. Republic of the Philippines, Oppositor-Appellant, G.R. No. L-20708, August 31, 1967, the Supreme Court En Banc, Dizon, J., writing for the Court.

Petitioners Felimon Tse (17) and Alice Tse (16), through their mother and guardian ad litem Ismaela Dawat, filed a petition on May 26, 1962 in the Court of First Instance of Leyte to change their names to Florimon Sia and Alice Sia, respectively. They alleged they were brother and sister, had been bona fide residents of Ormoc City for more than three years, and had used the names Florimon Sia and Alice Sia since birth and in their school and social relations; they claimed that discrepancy between their school records and civil registry names might impede their pursuit of higher education.

The City Attorney of Ormoc City, acting for the Solicitor General and thus the Republic of the Philippines, opposed the petition on the ground that the reason given — potential difficulties in pursuing higher education — did not constitute sufficient cause for a judicial change of name. After publication and hearing, the Court of First Instance granted the petition and authorized the change of names. The Republic appealed that judgment to the Supreme Court.

In its brief before this Court the Solicitor General did not contest the facts but argued reversal on two grounds: (1) the lower court erred in entertaining a petition verified by minors, and (2) the evidence did not show sufficient reason to justify the change of name. The trial court record showed the mother appeared as guardian ad litem but did not conclusively show formal a...(Pro-only)

Issues:

  • Did the Court of First Instance err in entertaining and deciding a petition for change of name that was verified by minors?
  • Was there sufficient cause to authorize petitioners' change of name to Florimon Sia a...(Pro-only)

Ruling:

  • (Pro-only)

Ratio:

  • (Pro-only)

Doctrine:

  • (Pro-only)

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