Case Digest (G.R. No. 88202)
Facts:
Republic of the Philippines, through the Office of the Solicitor General, appealed the Court of Appeals' April 28, 1989 decision affirming the Regional Trial Court of Manila, Branch 52's August 31, 1987 grant of Cynthia Vicencio's petition to change her surname from "Vicencio" to "Yu." Cynthia was born January 19, 1971 to Pablo Castro Vicencio and Fe Esperanza Leabres; her father left in 1972, her mother obtained dissolution and later had her name changed and was declared her husband's absentee, then married Ernesto Yu in 1986, and Cynthia used "Vicencio" in school records but "Yu" in public events, causing claimed embarrassment.Issues:
- Did the Court of Appeals err in affirming the trial court's grant of the petition to change Cynthia's surname to that of her step-father?
- May a legitimate child adopt a step-father's surname absent adoption or other legal ground, without causing legal confusion or prejudice?
Ruling:
The Supreme Court reversed and set aside the ap Case Digest (G.R. No. 88202)
Facts:
- Background and parties
- Republic of the Philippines as Petitioner, represented by the Office of the Solicitor General, appealed the Court of Appeals decision affirming the Regional Trial Court order.
- Court of Appeals and Cynthia Vicencio as Respondents in the appeal to the Supreme Court.
- Birth, parentage and family history of private respondent
- Private respondent was born on January 19, 1971 at the Capitol Medical Center, Quezon City, to spouses Pablo Castro Vicencio and Fe Esperanza de Vega Leabres.
- On January 10, 1972, after a marital quarrel, Pablo Vicencio left the conjugal home at Meycauayan, Bulacan, and thereafter did not reappear or render support.
- Ernesto Yu commenced assisting Fe Esperanza Leabres and her children after Pablo Vicencio’s departure.
- Judicial proceedings and family actions before the name-change petition
- On June 29, 1976, Fe Esperanza filed a petition for dissolution of conjugal partnership in the Juvenile and Domestic Relations Court of Manila; the petition was granted by decision dated July 11, 1977.
- In 1983 Fe Esperanza filed Special Proceeding No. 83-16346 to drop her husband’s surname; the petition was approved by decision dated July 5, 1983.
- In 1984 Fe Esperanza filed Special Proceeding No. 84-22605 for declaration of Pablo Vicencio as an absentee; the petition was granted on April 26, 1984.
- On April 15, 1986, Fe Esperanza married Ernesto Yu in a ceremony officiated by Mayor Benjamin S. Abalos of Mandaluyong.
- Private respondent’s use of surnames and social recognition
- Since childhood, private respondent had not known or remembered her biological father and considered Ernesto Yu her known father.
- Private respondent used the surname "Vicencio" in school and related records.
- Private respondent used the surname "Yu" in certain public events, including beauty contests (Lions Club and Manila Red Cross) and her debut at the Manila Hotel.
- Private respondent suffered inquiries, embarrassment, and an alleged inferiority complex because of the discrepancy between the surname she used socially and her registered surname.
- Proceedings on the petition for change of name
- Private respondent filed a petition for change of surname from "Vicencio" to "Yu."
- Ernesto Yu consented to the petition and testified on private respondent’s behalf.
- The Office of the Solicitor General opposed the petition, cross-examined witnesses, and argued against granting the change.
- Trial court and appellate dispositions
- The Regional Trial Court, Branch 52, Manila, in Sp. Proc. No. 86-37480, granted the petition and allowed the change of surname.
- The trial court noted it could not compel adoption, that adoption is voluntary, and concluded failure to adopt should not bar a legal change of name.
- The Court of Appeals (decision promulgated April 28, 1989) affirmed the trial court, findin...(Subscriber-Only)
Issues:
- Primary issue presented
- Whether the Court of Appeals erred in affirming the Regional Trial Court’s grant of private respondent’s petition to change her surname from "Vicencio" to "Yu."
- Subsidiary and legal questions
- Whether private respondent established a proper and reasonable cause to warrant a change of name under Section 5, Rule 103, Rules of Court.
- Whether the status of private respondent as a legitimate child bearing her father’s surname under Article 364, Civil Code of the Philippines precludes the requested change absent adoption or other weighty reasons.
- Whether social embarrassment and being socially known by a step-father’s surname suffice to justify legal change of surname when...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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