Case Digest (G.R. No. 148311)
Facts:
In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31, 2005, Third Division, Sandoval‑Gutierrez, J., writing for the Court. Petitioner is Honorato B. Catindig; the subject of the adoption is the minor Stephanie Nathy Astorga Garcia; the Office of the Solicitor General appeared for the Republic in representation of public interest.On August 31, 2000, petitioner filed a petition to adopt his minor illegitimate daughter Stephanie, alleging she was born June 26, 1994, that her mother is Gemma Astorga Garcia, that Stephanie was using her mother’s middle name and surname, and that petitioner was qualified to adopt. The petition prayed that Stephanie’s middle name “Astorga” be changed to her mother’s surname “Garcia” and that her surname “Garcia” be changed to petitioner’s surname “Catindig.”
On March 23, 2001, the trial court granted the adoption petition, finding petitioner qualified and that the adoption would redound to the child’s best interest; the court decreed that “for civil purposes, the minor shall be known as STEPHANIE NATHY CATINDIG.” On April 20, 2001, petitioner moved for clarification and/or reconsideration asking that Stephanie be allowed to retain her mother’s surname Garcia as her middle name. The trial court denied the motion on May 28, 2001, holding there was no law or jurisprudence allowing an adopted child to use the biological mother’s surname as a middle name.
Petitioner thereafter filed the present petition before the Court, contesting the trial court’s denial and arguing (inter alia) that no law prohibits an adoptee from having a middle name when there is one adopting parent, that Philippine custom places the mother’s surname as the middle name, that adoption’s object is the welfare of the child, and that allowing retention of Garcia would preserve maternal filiation and avoid the stigma of illegitimacy. The Office of the Solicitor General conceded that Stephan...(Subscriber-Only)
Issues:
- May an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle nam...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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