Spec Pro Class 2020

Facts:

Private Respondent, Pang Cha Quen, a Chinese National 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.

 

On January 12, 1959, she caused her daughter to be registered as an alien under the name of Mary Pang because the father had abandoned them. Mary Pang had always used this name at home and in the Baguio Chinese Patriotic School where she studied.

 

On August 16, 1966, Pang Cha Quen married Alfredo De la Cruz, a Filipino citizen. Mary Pang has grown to love and recognize her stepfather, Alfredo, as her own father, and 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.

 

A verified petition was filed by Pang Cha Quen on March 30, 1968 praying that her daughter be allowed to change her name from May Sia, alias Manman Huang, to Mary Pang De la Cruz.

 

The petition was based on the following: (1) desire of Mary Pang to use the last name of her stepfather, (2) to provide her stability, and (3) conformity of Alfredo Dela Cruz to the petition by signing at the bottom of the pleading. Pang Cha Quen further asserted that the petition was neither 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. The petition is not intended to cause damage or prejudice to any third person.

 

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 but the Government through the Solicitor General appealed to the Supreme Court alleging the petition is against the law based on the grounds that: (1) her other alias “Mary Pang” was not stated in the title of the petition when it was published, and (2) for failure to state the proper/reasonable cause for changing the name.

 

Issue:

Whether or not respondent Judge had acquired jurisdiction over the case.

 

Held:

The government pointed out that the captions of the petition and of the published order of the court did not include the name "Mary Pang" as one of the names that the minor has allegedly been using, hence, the petition and the published order contain a fatal jurisdictional defect.

 

The omission of her other alias-- "Mary Pang"-- in the captions of the court's order and of the petition defeats the purpose of the publication. In view of that defect, the trial court did not acquire jurisdiction over the subject of the proceedings.

 

In a similar case decided by the Supreme Court, it held that all aliases of the applicant must be set forth in the title of the published petition, for the omission of any of such aliases, would be fatal to the petition even if such other aliases were mentioned in the body of the petition.