Case Summary (G.R. No. L-3265)
Petition for Change of Name
Ty Bio Giao filed a verified petition in the lower court seeking a change of name based on several allegations, which included his legal age, Chinese nationality, and more than three years of bona fide residency in Ormoc City. He stated that his name, "Ty Bio Giao," conveys a meaning in the Visayan dialect that incites laughter and disparaging remarks, leading to embarrassment. He expressed a desire to be known as Vicente Ty, a name given to him by his parents during his baptism in 1927, which he claimed was the name by which he is primarily known in society. Importantly, he asserted that the requested name change was not intended to defraud anyone.
Opposition and Court Hearing
Following the requisite publication of the petition and notification to the Solicitor General, the City Attorney of Ormoc City opposed the petition on behalf of the Republic of the Philippines. The lower court, after conducting a formal hearing, ruled in favor of granting the name change. This prompted the appeal by the State, arguing that the decision lacked substantive evidence supporting the petitioner's claims.
Failure to Prove Claims
The appellate court concurred with the appellant's position, emphasizing that the petitioner did not satisfactorily prove the allegations outlined in his petition. Under Section 5, Rule 103 of the Rules of Court, a change of name can only be authorized when there is a demonstrable and valid reason. The petitioner did not present any substantial evidence to establish that his name indeed provoked ridicule, nor did he show how it has impeded his professional interactions. The lack of credible evidence regarding the meaning of "Ty Bio Giao" in the Visayan dialect contributed to the court's skepticism.
Questionable Evidence Regarding Baptism
The evidence concerning the petitioner's baptism and the name he claimed to have been given at that time was also deemed insufficient. The petitioner submitted a certificate from the parish priest indicating that church records were unavailable due to wartime destruction. However, this certificate could not substantiate the petitioner's claims about his baptism or the alleged name "Vicente Ty."
Concerns Over Multiple Names
A critical factor in denying the petition was the petitioner's own admission that he had previously used several names without legal authorization during his residence in the Philippines. Granting his request to change hi
...continue readingCase Syllabus (G.R. No. L-3265)
Case Citation and Background
- Citation: 122 Phil. 733 [G.R. No. L-18669, November 29, 1965]
- Parties Involved:
- Petitioner and Appellee: Ty Bio Giao
- Opposer and Appellant: Republic of the Philippines
- Judicial Authority: Decision rendered by Justice Dizon
Factual Background
- On January 18, 1961, Ty Bio Giao filed a verified petition with the lower court seeking a change of name.
- He stated:
- He is of legal age and a Chinese national.
- He has been a bona fide resident of Ormoc City, Leyte, for over three years.
- The name "Ty Bio Giao" has a derogatory meaning in the Visayan dialect, leading to ridicule and embarrassment.
- He wishes to change his name to "Vicente Ty," the name given during his baptism in 1927, and which he is commonly known by in the community.
- His request for a name change is not intended to defraud anyone.
Procedural History
- Following the publication of the petition, the City Attorney of Ormoc City, representing the State, filed an opposition.
- After a hearing, the lower court granted Ty Bio Giao's petition for a change of name.
- The Republic of the Philippines appealed the decision.