REPUBLIC OF THE PHILIPPINES, vs. COURT OF APPEALS and MAXIMO WONG.
- G.R. Number: G.R. No. 97906
- Promulgated: 1992-05-21
- Ponente: Regalado, J.
Doctrine
Rule 103 of the Rules of Court contemplates legitimate occasions for change of name and should not be rendered inutile by an overly restrictive reading preventing any name change.
A change of name does not alter existing family relations, adoptive paternity, or successional rights; consent by an adoptive parent does not affect the legal adoption.
Allegations of ridicule and embarrassment asserted as grounds for change of name may be accepted if supported and not inherently unsubstantiated.
Facts
Private respondent Maximo Wong petitioned to change his name to Maximo Alcala, Jr., the name he bore before adoption by Hoong Wong and Concepcion Ty Wong.
The Court of Appeals affirmed the trial court's grant of the petition; petitioner (the Republic) seeks to set aside that affirmance.
Private respondent alleged ridicule and embarrassment from his present surname and produced his adoptive mother's affidavit consenting to the change without affecting the prior legal adoption.
Issues
Whether the reasons given by private respondent in his petition for change of name are valid, sufficient and proper to warrant granting the petition.
Ruling
The Court found the Solicitor General's contention that the allegation of ridicule and embarrassment was unsubstantiated to be unacceptable and credited the petitioner's supporting evidence, including the adoptive mother's affidavit and testimony.
Accordingly, the petition is DENIED and the decision of the Court of Appeals affirming the grant of the change of name is AFFIRMED in toto.
Keywords
G.R. No. 97906, change of name, adoption, Maximo Wong, Maximo Alcala, Jr., Republic of the Philippines v. Court of Appeals, legal significance of a person's name, surname, given name, family name, Civil Code, Article 365 Civil Code, Article 341 Civil Code, Presidential Decree No. 603 (Child and Youth Welfare Code), Article 39(3) PD 603, Executive Order No. 209 (Family Code), Executive Order No. 227 (Family Code), judicial authority for change of name, Rule 103 Rules of Court, special proceeding for change of name