This case involves a petition by Maria Estrella Veronica Primitiva Duterte to change her name to Estrella S. Alfon. [1] The lower court granted the change of her first name but denied changing her surname. [2] The Supreme Court ruled that the lower court should have fully granted the petition to change both her first name and surname. [3] The Court found justification to allow the change to avoid confusion, as the petitioner had been known as Estrella S. Alfon since childhood in her school, community, and official documents.
This case involves a petition by Maria Estrella Veronica Primitiva Duterte to change her name to Estrella S. Alfon. [1] The lower court granted the change of her first name but denied changing her surname. [2] The Supreme Court ruled that the lower court should have fully granted the petition to change both her first name and surname. [3] The Court found justification to allow the change to avoid confusion, as the petitioner had been known as Estrella S. Alfon since childhood in her school, community, and official documents.
This case involves a petition by Maria Estrella Veronica Primitiva Duterte to change her name to Estrella S. Alfon. [1] The lower court granted the change of her first name but denied changing her surname. [2] The Supreme Court ruled that the lower court should have fully granted the petition to change both her first name and surname. [3] The Court found justification to allow the change to avoid confusion, as the petitioner had been known as Estrella S. Alfon since childhood in her school, community, and official documents.
This case involves a petition by Maria Estrella Veronica Primitiva Duterte to change her name to Estrella S. Alfon. [1] The lower court granted the change of her first name but denied changing her surname. [2] The Supreme Court ruled that the lower court should have fully granted the petition to change both her first name and surname. [3] The Court found justification to allow the change to avoid confusion, as the petitioner had been known as Estrella S. Alfon since childhood in her school, community, and official documents.
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2
ALFON VS.
REPUBLIC G.R. NO. L-51201 MAY 29, 11980
FACTS:
Petitioner Maria Estrella Veronica Primitiva Duterte through her counsel, Atty. Rosauro Alvarez, prayed before the trial court that her name be changed from Maria Estrella Veronica Primitiva Duterte to Estrella S. Alfon. From the testimonial and document evidence presented, it appears that petitioner Maria Estrella Veronica Primitiva Duterte was born on May 15, 1952 at the U.S.T. Hospital. She was registered at the local Civil Registrar's Office as Maria Estrella Veronica Primitiva Duterte. On June 15, 1952, she was baptized as Maria Estrella Veronica Primitiva Duterte at the St. Anthony de Padua Church Singalong, Manila. Her parents, Filomeno Duterte and Estrella Veronica Primitiva Duterte 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 her first grade up to fourth year high school at Stella Maris College using the name Estrella S. Alfon. After graduating from high school, she enrolled at the Arellano University and finished Bachelor of Science in Nursing. Her scholastic records from elementary to college show that she was registered by the name of Estrella S. Alfon. Petitioner has exercised her right of suffrage under the same name. She has not committed any felony or misdemeanor. Petitioner has advanced the following reasons for filing the petition: 1. She has been using the name Estrella Alfon since her childhood; 2. She has been enrolled in the grade school and in college using the same name; 3. She has continuously used the name Estrella S. Alfon since her infancy and all her friends and acquaintances know her by this name; 4. She has exercised her right of suffrage under the same name.
The trial court court ruled that petition insofar as the first name is granted but denied with respect to the surname. Petitioner was authorized to change her name from Maria Estrella Veronica Primitiva Duterte to Estrella Alfon Duterte. Nevertheless, the lowe court posited the fact that petitioner has been using a different surname and has become known with such surname does not legally authorize her to change her surname to Alfon. The birth certificate clearly shows that the father of petitioner is Filomeno Duterte. Article 364 of the Civil Code provides: “Legitimate and legitimated children shall principally use the surname of the father.” If another purpose of the petitioner is to carry the surname of Alfon because her uncle who reared her since childhood has the surname "Alfon" then the remedy is not a petition for change of name.
ISSUE: Whether or not the lower court should have fully granted the petition thus allowing petitioner to change her surname to that of her mother? Yes.
RULING: Yes. The lower court should have fully granted the petition. The only reason why the lower court denied the petitioner's prayer to change her surname is that as legitimate child of Filomeno Duterte and Estrella Alfon she should principally use the surname of her father invoking Art. 364 of the Civil Code. But the word "principally" as used in the codal provision is not equivalent to "exclusively" so that there is no legal obstacle if a legitimate or legitimated child should choose to use the surname of his/her mother to which he/she is equally entitled. Moreover, this Court in Haw Liong vs. Republic, G.R. No. L-21194. April 29, 1966, 16 SCRA 677, 679, said:
The following may be considered, among others, as proper or reasonable causes that may warrant the grant of a petitioner for change of name; (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for change is a consequence of a change of' status, such as when a natural child is acknowledged or legitimated; and (3) when the change is necessary to avoid confusion.
In the case at bar, it has been shown that petitioner has, since childhood, borne the name Estrella S. Alfon although her birth records and baptismal certificate show otherwise; she was enrolled in the schools from the grades up to college under the name Estrella S. Alfon; all her friends call her by this name; she finished her course in Nursing in college and graduated and given a diploma under this name; and she exercised the right of suffrage likewise under this name. There is therefore ample justification to grant fully her petition which is not whimsical but on the contrary is based on a solid and reasonable ground, i.e. to avoid confusion.
The Order appealed from is hereby modified in that, the petitioner is allowed to change not only her first name but also her surname so as to be known as ESTRELLA S. ALFON.
Names and Surnames: Use of Surname by Children in The Matter of The Petition For Change of Name of Maria Estrella Veronica Primitiva Duterte, Estrella S. Alfon G.R. No. L-51201 May 29, 1980 Facts
