Case Summary (G.R. No. L-28274)
Relevant Background
On May 5, 1954, Dolores Gemora married Vincent Co, with whom she had five legitimate children. Following Co's abandonment of the family in November 1960 and subsequent legal recognition as an absentee by the Court of First Instance of Pampanga, Dolores remarried Edward Padilla on October 30, 1965. The children, living with Dolores and Padilla, received support and affection from their stepfather, which prompted Dolores to petition for a change of the children’s surname from "Copuaco" or "Co" to "Padilla".
Legal Framework
This case hinges on the interpretation of Article 364 of the Civil Code, which mandates that legitimate children use their father's surname. The Solicitor General argues that allowing the children to adopt the surname of their mother’s second husband contravenes this statutory provision, potentially leading to confusion regarding paternity and questions about the children's legitimacy.
Judicial Reasoning
The court acknowledged the merits of the Solicitor General's appeal, citing prior jurisprudence in Moore vs. Republic. The court emphasized that allowing the children to adopt the surname of Edward Padilla, who is not their biological father, could create legal ambiguities concerning their true paternity. It was reasoned that, while Dolores Gemora’s intentions may stem from a desire to foster familial unity, the legal framework precludes such a change based on existing laws regarding surnames of legitimate children.
Prematurity of Petition
Furthermore, the court highlighted that the petition for a change of surname is premature, advocating that decisions regarding surname changes should be left to the children themselves once they reach the age of maturity. The court opined that at that stage, the children could take appropriate lega
...continue readingCase Syllabus (G.R. No. L-28274)
Case Citation
- Reference: 199 Phil. 226
- Date: April 30, 1982
- Court: Second Division, Supreme Court of the Philippines
- Case Number: G.R. No. L-28274
Parties Involved
- Petitioner-Appellee: Dolores Gemora Padilla, representing her minor children Michael, Abigail, Rafael, Gabriel, and Annabelle, with the surname Copuaco, except for the last child whose surname is Co.
- Opposer-Appellant: Republic of the Philippines
Background of the Case
- Dolores Gemora and Vincent Co, a Chinese national, were married on May 5, 1954, and had five children.
- Vincent Co left the family in November 1960 and did not return, allegedly becoming a fugitive from justice due to charges of estafa.
- On December 29, 1964, the Court of First Instance of Pampanga declared Vincent Co as an absentee.
- Dolores Gemora remarried on October 30, 1965, to Sgt. Edward Padilla, an American serviceman, who treated the children affectionately and provided for them.
Petition for Change of Name
- Dolores Gemora filed a petition to change the surnames of her children from "Copuaco" or "Co" to "Padilla" due to the harmonious re