Case Digest (G.R. No. L-31065)
Facts:
Republic of the Philippines v. Hon. Pio R. Marcos and Pang Cha Quen representing the minor, May Sia alias Manman Huang, G.R. No. L-31065, February 15, 1990, Supreme Court First Division, Grino-Aquino, J., writing for the Court.
The petition below was filed on March 30, 1968 by Pang Cha Quen (a citizen of Nationalist China) seeking to change the name of her minor daughter, born January 28, 1958, from May Sia alias Manman Huang to Mary Pang De la Cruz. The petition recited that the child had been registered on January 12, 1959 as an alien under the name “Mary Pang” (using the maternal surname) because the biological father had abandoned them, that the child had been known at home and at the Baguio Chinese Patriotic School as Mary Pang, and that Pang Cha Quen had married Alfredo De la Cruz on August 16, 1966 and that the child recognized and loved her stepfather and desired to adopt his surname. Alfredo De la Cruz signed his conformity to the petition.
On April 4, 1968 the respondent trial judge, Hon. Pio R. Marcos, set the petition for hearing on September 16, 1968, ordered publication once a week for three consecutive weeks in the Baguio Midland Courier, and directed that copies of the petition and order be furnished the Solicitor General and the City Attorney of Baguio. The published caption, however, omitted the alias “Mary Pang” from the list of names in the title. At the September 16 hearing no one opposed the petition and, upon motion of counsel, the judge authorized the clerk to receive petitioner’s evidence. On February 12, 1969 the trial court issued an order authorizing the child’s name to be changed to Mary Pang De la Cruz.
The Government, through the Solicitor General, brought the matter to the Supreme Court by a petition for certiorari (review) challenging the trial court’s order on two grounds: (1) that the trial court lacked jurisdiction because the petition and the published order’s caption failed to include the alias...(Pro-only)
Issues:
- Did the trial court acquire jurisdiction over the petition for change of name when the petition and the published order’s caption omitted the alias "Mary Pang"?
- Did the petitioner below present proper and reasonable cause to justify changing the minor’s name to Ma...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)