Case Digest (G.R. No. L-18407)
Facts:
Elaine A. Moore v. Republic of the Philippines, G.R. No. L-18407, June 26, 1963, Supreme Court En Banc, Bautista Angelo, J., writing for the Court.Elaine A. Moore (petitioner) filed a petition in the Court of First Instance of Rizal seeking an order permitting her son from a prior marriage, William Michael Velarde (then 14 years old), to change his name to William Michael Velarde Moore. The petition was published as required by law, the parties submitted a stipulation of facts at the hearing, and the trial court denied the petition. Petitioner appealed the trial court's order to the Supreme Court.
Petitioner is an American citizen who had been married to Joseph P. Velarde (also an American) and gave birth to the child on January 19, 1947 in Los Angeles, California. That marriage was terminated by a decree of divorce of the Superior Court of California dated May 31, 1949. Petitioner later married Don C. Moore on September 29, 1956 in Los Angeles; thereafter the minor continuously lived with and was supported by petitioner and Moore, who treated him as his own son.
The Republic (oppositor and appellee) resisted the name change on three grounds it framed as issues: (1) whether Philippine law allows a legitimate child to adopt the surname of his mother’s second husband; (2) whether sufficient reasons justify the change here; and (3) whether petitioner, as mother,...(Pro-only)
Issues:
- Under Philippine law, may a minor legitimately be permitted to adopt and use the surname of his mother’s second husband?
- Are there justifiable reasons to allow the requested change of name in this case?
- Does the mother (petitioner) have the authority to seek the change of nam...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)