Case Digest (G.R. No. 159966)
Facts:
In Re: Petition for Change of Name and/or Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang Also Known as Julian Lin Wang, to be Amended/Corrected as Julian Lin Wang, Julian Lin Wang, Duly Represented by His Mother Anna Lisa Wang, Petitioner, vs. Cebu City Civil Registrar, Duly Represented by the Registrar Oscar B. Molo, G.R. No. 159966, March 30, 2005, Supreme Court Second Division, Tinga, J., writing for the Court.Petitioner Julian Lin Carulasan Wang (a minor), through his mother Anna Lisa Wang, filed on 22 September 2002 (petition dated 19 September 2002) a petition before the Regional Trial Court (RTC) of Cebu City, Branch 57, Special Proceedings Case No. 11458 CEB, seeking to drop his middle name and have his registered name changed from "Julian Lin Carulasan Wang" to "Julian Lin Wang." The petition asserted that the family planned to reside in Singapore for an extended period and that the middle name "Carulasan" would cause embarrassment, pronunciation difficulties, and possible social discrimination there, and that the different surname pattern between petitioner and his sister might raise questions about their relationship.
The RTC found the following antecedents: petitioner was born 20 February 1998; his parents were unmarried at his birth but later married on 22 September 1998 and executed a deed of legitimation, whereupon his name became Julian Lin Carulasan Wang. On 30 April 2003 the RTC denied the petition, holding that the asserted ground—convenience in adjusting to Singaporean customs—did not constitute a proper or reasonable cause under Philippine law, and that the Family Code (Article 174) gives legitimate children the right to bear both parents' surnames; the trial court concluded that names cannot be changed merely for convenience and that petitioner, being a minor, could decide on any change upon reaching majority.
Petitioner moved for reconsideration; the RTC denied it in a resolution dated 20 May 2004, reiterating that accommodating foreign naming customs would amount to applying foreign law instead of Philippine law and that absence of prejudice or fraudulent purpose did not cure an unreasonable ground. Petitioner then filed a Petition for Review on Certiorari under Rule 45 to the Supreme Court. The Office of the Solicitor General filed a comment urging affirmance, arguing that Article 174 protects a legitimate child's right to bear both parents' surnames...(Subscriber-Only)
Issues:
- Is the petition by a minor, filed through his mother, premature or otherwise improper such that it should be denied?
- May a Filipino legitimate or legitimated child legally drop his middle name (maternal surname) from his registered name; and if so, do the reasons advanced here (convenience and anticipated difficulties abroad) constitute proper and reasonable ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)