In Re Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang Case Digest G.R. No. 159966 March 30, 2005 454 SCRA 2155

In Re Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang Case Digest

G.R. No. 159966 ; March 30, 2005 ; 454 SCRA 2155

PRINCIPLE/S:

Special Proceedings

a) Change of name is a privilege and not a right

- The State has an interest in the names borne by individuals and entities for purposes of identification.

- Before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change.

b) Valid grounds for change of name

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

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

(c) when the change will avoid confusion;

(d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage;

(e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and

(f) when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

c) Surname of a Legitimate and legitimated child

Right to bear the surnames of the father and the mother.

- Hence a legitmate child bears the surname of his/her father and middle name of his/her mother.

d) Surname of an illegitimate child

Not recognized by his/her father = Surname of father or

Recognized by his/her father

- Option to use surname of father or mother

- Middle name of mother

FACTS: The parents of Julian Lin Carulasan Wang, Anna Lisa Wang and Sing-Foe Wang, were not yet married to each other when he was born. When his parents subsequently got married they executed a deed of legitimation of their son so that the child’s name was changed from Julian Lin Carulasan to Julian Lin Carulasan Wang. So, a petition was filed his mother for the change of name and/or correction/cancellation of entry in the Civil Registry of her son, a minor, Julian Lin Carulasan Wang before the RTC. The parents of Julian wanted to change his name since they intend for Julian to study in Singapore and in Singapore middle names or the maiden surname of the mother are not carried in a person’s name. They anticipated that will lead to discrimination. They also anticipated that it will lead to confusion on the part of Julian since his sibling have different surnames. The RTC denied the petition. Petitioner then filed this Petition for Review on Certiorari (Under Rule 45).

ISSUE: WON dropping of middle name of a minor child is allowed under Philippine laws.

HELD: NO. The State has an interest in the names borne by individuals and entities for purposes of identification, and that a change of name is a privilege and not a right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change.

The valid grounds for change of name are as follows: : (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence, as in legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and (f) when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest.

Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has. Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The Family Code gives legitimate children the right to bear the surnames of the father and the mother. Only an illegitimate child whose filiation is not recognized by the father does not have a middle name. Thus, the registered name of a legitimate, legitimated and recognized illegitimate child thus contains a given or proper name, a middle name, and a surname.

In relation to the present case, the only reason advanced by petitioner for the dropping his middle name is convenience. This is not one of the valid grounds for petition for change of name to be granted. In addition, petitioner is only a minor. It is best that the matter of change of his name be left to his judgment and discretion when he reaches the age of majority. As he is of tender age, he may not yet understand and appreciate the value of the change of his name and granting of the same at this point may just prejudice him in his rights under our laws.