Case Summary (G.R. No. 211724)
Procedural Posture and Standard for Relief
The petition for change of name was brought under RA 5440 and Rule 103. Section 5, Rule 103 requires publication of the notice and satisfactory proof in open court that the notice was published and that the petition’s allegations are true; if proper and reasonable cause appears, the court shall adjudge the change of name as prayed. The lower court conducted the required publication, furnished copies to the Solicitor General, and held a hearing where a commissioner was appointed to receive evidence. The appeal to the Supreme Court presents a pure question of law because the facts were not disputed.
Factual Findings Relevant to the Name Change
Uncontested facts established at the hearing: petitioner was born May 15, 1952 and registered and baptized as Maria Estrella Veronica Primitiva Duterte; her biological parents are Filomeno Duterte (father) and Estrella B. Alfon (mother); petitioner was raised by her uncle and aunt, Mr. and Mrs. Hector Alfon, and has resided with them at a specific Mandaluyong address for twenty-three years; from the start of formal schooling through college she has been enrolled and known as Estrella S. Alfon, with school records and a diploma reflecting that name; she has exercised the right of suffrage under the name Estrella S. Alfon; she has no criminal record. Those facts were documented by birth, baptismal, scholastic, voting, and other exhibits.
Lower Court Ruling and Its Limited Grant
The trial court granted the petition insofar as petitioner’s given names were concerned but denied the change of surname. The court concluded that permitting a legitimate child to abandon the father’s surname would contravene Article 364 of the Civil Code, which provides that legitimate and legitimated children shall principally use the surname of the father. Accordingly, the lower court allowed the petitioner to be known as Estrella Alfon Duterte—effectively retaining the paternal surname Duterte while changing given names.
Legal Question Presented on Appeal
The central legal question reviewed by the Supreme Court was whether the lower court erred in denying the petitioner the full change of name to Estrella S. Alfon, in particular whether a legitimate child may lawfully adopt and be judicially authorized to use the mother’s surname when the child has established continuous, long-standing use of that maternal surname such that change is proper and reasonable under Rule 103.
Supreme Court’s Interpretation of Article 364 and Name Change Policy
The Supreme Court accepted the premise that Article 364 provides that legitimate children shall principally use the father’s surname, but it interpreted “principally” as not meaning “exclusively.” The Court held that Article 364 does not legally forbid a legitimate child from choosing to use the mother’s surname. Therefore, the statutory and codal scheme does not operate as an absolute bar to a judicial change of surname where the requisite proof of proper and reasonable cause is shown.
Application of Precedent and Proper Cause Under Rule 103
The Court relied on the criteria identified in Haw Liong v. Republic for what may constitute proper or reasonable causes to grant a change of name, including avoidance of confusion. Applying those criteria to the unco
...continue readingCase Syllabus (G.R. No. 211724)
Citation and Court
- Reported at 186 Phil. 600, Second Division.
- G.R. No. L-51201.
- Decision date: May 29, 1980.
- Opinion penned by Justice Abad Santos.
- Concurrence by Barredo (Chairman), Aquino, Concepcion, Jr., and De Castro, JJ.
Nature of the Proceeding and Statutory Basis
- Petition filed pursuant to Republic Act No. 5440 to review an Order of the Court of First Instance of Rizal, Branch XXIII, dated December 29, 1978.
- The case involves a petition for change of name under the Rules of Court (specifically Section 5, Rule 103, quoted in the record).
Procedural Posture and Issue Presented
- The Court of First Instance of Rizal partially granted the petition (allowed change of first name but denied full change of surname).
- The sole question presented to the Supreme Court was a question of law; there was no controversy over the facts, which were set out in the questioned Order.
- The Supreme Court reviewed and modified the lower court's Order.
Parties, Counsel and Representatives
- Petitioner: Maria Estrella Veronica Primitiva Duterte (seeking to be known as Estrella S. Alfon).
- Respondent: Republic of the Philippines.
- Petitioner’s counsel: Atty. Rosauro Alvarez.
- Representative for the Office of the Solicitor General at hearing: Fiscal Donato Sor. Suyat, Jr.
Notice and Hearing
- The notice setting the petition for hearing was published in the Times Journal in its issues of July 28, August 5 and 11, 1978.
- A copy of the notice and petition was furnished the Office of the Solicitor General (identified as Exhibits C, C-1, C-2 and C-3).
- The petition was heard on December 14, 1978 at 8:30 a.m.
- At the hearing, upon motion of petitioner’s counsel and without objection by Fiscal Suyat, the Deputy Clerk of Court was appointed commissioner to receive the evidence and submit the same for resolution of the Court.
Facts as Found by the Lower Court (Undisputed)
- Petitioner was born on May 15, 1952 at the U.S.T. Hospital (Exhibit A).
- She was registered at the Local Civil Registrar's Office as Maria Estrella Veronica Primitiva Duterte.
- She was baptized on June 15, 1952 as Maria Estrella Veronica Primitiva Duterte at St. Anthony de Padua Church, Singalong, Manila (Exhibit B).
- Petitioner’s parents are Filomeno Duterte (father) and Estrella B. Alfon (mother).
- Since infancy petitioner has been taken care of by Mr. and Mrs. Hector Alfon.
- Petitioner and her uncle Hector Alfon have been residing at 728 J. R. Yulo Street corner Ideal Street, Mandaluyong, Metro Manila for twenty-three (23) years.
- When petitioner started schooling she used the name Estrella S. Alfon.
- She attended first grade up to fourth year high school at Stella Maris College using the name Estrella S. Alfon (Exhibits E, E-1, E-2 and E-3).
- After graduating from high school, petitioner enrolled at Arellano University and finished Bachelor of Science in Nursing (Exhibit E-4).
- Her scholastic records from elementary to college show registration under the name Estrella S. Alfon.
- Petitioner exercised the right of suffrage under the name Estrella S. Alfon (Exhibit D).
- Petitioner has not committed any felony or misdemeanor (Exhibits G, G-1, G-2, G-3 and G-4).
Petitioner’s Stated Reasons for the Name Change (as Advanced in the Petition)
- She has been using the name Estrella Alfon since her childhood.
- She has been enrolled in grade school and college using the same name.
- She has continuously used the name Estrella S. Alfon since infancy and all her friends and acquaintances know her by this name.
- She has exercised the right of suffrage under the same name.