Spec Pro Class 2020

Facts:

On March 30, 1968, a verified petition was filed by private respondent Pang Cha Quen alleging that she is a citizen of Nationalist China, married to Alfredo De la Cruz, a Filipino citizen; that she had resided in Baguio City since her birth on January 29, 1930; that by a previous marriage to Sia Bian alias Huang Tzeh Lik, a citizen of Nationalist China, she gave birth to a daughter, May Sia alias Manman Huang on January 28, 1958 in the City of Manila; that on January 12, 1959, she caused her daughter to be registered as an alien under the name of Mary Pang, i.e., using the maternal surname, because the child's father had abandoned them; that her daughter has always used the name Mary Pang at home and in the Baguio Chinese Patriotic School where she studies; that on August 16, 1966, petitioner Pang Cha Quen married Alfredo De la Cruz; that as her daughter has grown to love and recognize her stepfather, Alfredo De la Cruz, as her own father, she desires to adopt and use his surname "De la Cruz" in addition to her name "Mary Pang" so that her full name shall be Mary Pang De la Cruz; that Alfredo De la Cruz gave his conformity to the petition by signing at the bottom of the pleading; that the petition was not made for the purpose of concealing a crime as her ten-year old daughter has not committed any, nor to evade the execution of a judgment as she has never been sued in court, and the petition is not intended to cause damage or prejudice to any third person. She prayed that her daughter be allowed to change her name from May Sia, alias Manman Huang, to Mary Pang De la Cruz.

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On April 4, 1968, respondent Judge issued an order setting the hearing of the petition on September 16, 1968 at 9:00 o'clock in the morning and inviting all interested persons to appear and show cause, if any, why the petition should not be granted. The order also directed that it be published at the expense of the petitioner in the Baguio and Midland Courier, a newspaper of general circulation in Baguio City and Mountain Province, once a week for three (3) consecutive weeks, the first publication to be made as soon as possible. The order also commanded that the Solicitor General and the City Attorney of Baguio be furnished copies of the order and petition.

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On September 16, 1968, when the petition was called for hearing, nobody opposed it. Upon motion of petitioner's counsel, respondent Judge authorized the Clerk of Court or his deputy to receive the evidence of the petitioner, Pang Cha Quen.

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Finding the petition meritorious, respondent Judge issued an order on February 12, 1969 authorizing the name of the minor, May Sia alias Manman Huang, also known as Mary Pang, to be changed to Mary Pang De la Cruz.

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The Government, through the Solicitor General, appealed to the Supreme Court on the ground that the court's order is contrary to law.

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Issue:

Whether respondent Judge erred in granting the petition although private respondent Pang Cha Quen failed to adduce proper and reasonable cause for changing the name of the minor "May Sia" alias Manman Huang."

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Ruling:

The ground for the Government's appeal is the failure of the petitioner below, Pang Cha Quen, to state a proper and reasonable cause for changing the name/names of her daughter.

The following have been considered valid grounds for a change of name:

(1) when the name is ridiculous, dishonorable, or extremely difficult to write or pronounce;

(2) when the change results as a legal consequence, as in legitimation;

(3) when the change will avoid confusion;

(4) having continuously used and been known since childhood by a Filipino name, unaware of his alien parentage; or

(5) a sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and not to prejudice anybody.

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As may be gleaned from the petition filed in the lower court, the reasons offered for changing the name of petitioner's daughter are: (1) that "her daughter grew up with, and learned to love and recognize Alfredo de la Cruz as her own father"; (2) to afford her daughter a feeling of security; and (3) that "Alfredo de la Cruz agrees to this petition, and has signified his conformity at the foot of this pleading”.

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Clearly, these are not valid reasons for a change of name. The general rule is that a change of name should not be permitted if it will give a false impression of family relationship to another where none actually exists (Laperal vs. Republic, L-18008, October 30, 1962; Johnson vs. Republic, L-18284, April 30, 1963; Moore vs. Republic, L-18407, June 26, 1963). In Padilla vs. Republic, 113 SCRA 789, we specifically held that our laws do not authorize legitimate children to adopt the surname of a person not their father, for to allow them to adopt the surname of their mother's husband, who is not their father, can result in confusion of their paternity.

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WHEREFORE, the petition for certiorari is granted, and the order appealed from is hereby reversed and set aside. No costs.