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The official name of a person whose birth is registered in the After trial, the RTC denied the petition because the reason
civil register is the name appearing therein. If a change in one’s given did not fall within the grounds recognized by law. The
name is desired, this can only be done by filing and strictly RTC ruled that since the State has an interest in the name of a
complying with the substantive and procedural requirements person it cannot just be changed to suit the convenience of the
for a special proceeding for change of name under Rule 103 of bearer of the name. The RTC said that legitimate children have
the Rules of Court, wherein the sufficiency of the reasons or the right to bear the surnames of the father and the mother,
grounds therefor can be threshed out and accordingly and there is no reason why this right should be taken from Julio
determined. considering that he was still a minor. When he reaches
majority age he could then decide whether to change his name
A petition for change of name being a proceeding in rem, strict by dropping his middle name, added the RTC.
compliance with all the requirements therefor is indispensable
in order to vest the court with jurisdiction for its adjudication. Issues:
It is an independent and discrete special proceeding, in and by
itself, governed by its own set of rules. A fortiori, it cannot be Was the RTC correct in denying the petition?
granted by means of any other proceeding. To consider it as a
mere incident or an offshoot of another special proceeding Held:
would be to denigrate its role and significance as the
appropriate remedy available under our remedial law system. Yes. Middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from
In Re: Petition for Change of Name and/or Correction of Entry others who may have the same given name and surname as he
in the Civil Registry of Julian Lin Carulasan Wang G.R. 159966, has. When an illegitimate child is legitimated by subsequent
March 30 2005, 454 SCRA 2155 marriage of his parents or acknowledged by the father in a
public instrument or private handwritten instrument, he then
Case Doctrines: bears both his mother's surname as his middle name and his
father's surname as his surname, reflecting his status as a
● The registered name of a legitimate, legitimated and legitimated child or an acknowledged natural child. The
recognized illegitimate child contains a given name, a middle registered name of a legitimate, legitimated and recognized
name and a surname. illegitimate child thus contains a given name, a middle name
and a surname.
● Before a person can be authorized to change his name given
him either in his certificate of birth or civil registry, he must The State has an interest in the names borne by individuals and
show proper or reasonable cause, or any compelling reason entities for purposes of identification, and that a change of
which may justify such change. Otherwise, the request should name is a privilege and not a right, so that before a person can
be denied. be authorized to change his name given him either in his
certificate of birth or civil registry, he must show proper or
● That the continued use of a middle name would cause reasonable cause, or any compelling reason which may justify
confusion and difficulty does not constitute proper and such change. Otherwise, the request should be denied.
reasonable cause to drop it from one's registered complete
name. To justify a request for change of name, petitioner must show
not only some proper or compelling reason therefore but also
Facts: Julian was born in Cebu City on February 20, 1998 to that he will be prejudiced by the use of his true and official
parents Anna Lisa Wang and Sing-Foe Wang who were then name. Among the grounds for change of name which have
not yet married to each other. When his parents subsequently been held valid are: (a) when the name is ridiculous,
got married on September 22, 1998, they executed a deed of dishonorable or extremely difficult to write or pronounce; (b)
legitimation of their son so that the child’s name was changed when the change results as a legal consequence, as in
from Julian Lin Carulasan to Julian Lin Carulasan Wang. legitimation; (c) when the change will avoid confusion; (d)
when one has continuously used and been known since
Since the couple planned to live in Singapore where Julian will childhood by a Filipino name, and was unaware of alien
study together with a sister who was born in Singapore, Anna parentage; (e) a sincere desire to adopt a Filipino name to
erase signs of former alienage, all in good faith and without “the compassionate calls for recognition of the various
prejudicing anybody; and (f) when the surname causes degrees of intersex as variations which should not be subject
embarrassment and there is no showing that the to outright denial.” The Supreme Court made use of the
desired change of name was for a fraudulent purpose or that availale evidence presented in court including the fact that
the change of name would prejudice public interest. private respondent thinks of himself as a male and as to the
statement made by the doctor that Cagandahan’s body
In the case at bar, the only reason advanced by petitioner for produces high levels of male hormones (androgen), which is
the dropping his middle name is convenience. However, how preponderant biological support for considering him as being
such change of name would make his integration into male.”
Singaporean society easier and convenient is not clearly
established. That the continued use of his middle name would The Supreme Court further held that they give respect to (1)
cause confusion and difficulty does not constitute proper and the diversity of nature; and (2) how an individual deals with
reasonable cause to drop it from his registered complete what nature has handed out. That is, the Supreme Court
name. respects the respondent’s congenital condition and his mature
decision to be a male. Life is already difficult for the ordinary
In addition, petitioner is only a minor. Considering the person. The Court added that a change of name is not a matter
nebulous foundation on which his petition for change of name of right but of judicial discretion, to be exercised in the light of
is based, it is best that the matter of change of his name be left the reasons and the consequences that will follow.
to his judgment and discretion when he reaches the age of
majority. As he is of tender age, he may not yet understand Silverio vs Republic
and appreciate the value of the change of his name and G.R. No. 174689 October 22 2007 [Change of name or sex]
granting of the same at this point may just prejudice him in his
rights under our laws. FACTS:
Rommel Jacinto Dantes Silverio having undergone a sex
REPUBLIC OF THE PHILIPPINES vs. JENNIFER CAGANDAHAN reassignment surgery, sought to have his first name changed
GR No. 166676, September 12, 2008 from Rommel to Mely, and his sex from male to female. Trial
court granted his petition. CA, however, upon appeal filed by
FACTS: the Republic of the Philippines thru the OSG, reversed the trial
Jennifer Cagandahan filed before the Regional Trial court decision, holding that there is no law allowing the change
Court Branch 33 of Siniloan, Laguna a Petition of entries of either name or sex in the birth certificate by
for Correction of Entries in Birth Certificate of her name from reason of sex alteration.
Jennifer B. Cagandahan to Jeff Cagandahan and her gender
from female to male. It appearing that Jennifer Cagandahan is ISSUE:
sufferingfrom Congenital AdrenalHyperplasia which is a rare Whether or not Rommel's first name and sex be changed on
medical condition where afflicted persons possess both male the ground of sex reassignment.
and female characteristics. Jennifer Cagandahan grew up with
secondary male characteristics. To further her petition, RULING: No. There is no law authorizes the change of entry as
Cagandahan presented in court the medical of sex and first name through the intervention of sex
certificate evidencing that she is suffering reassignment surgery. Article 376 of the Civil Code as amended
from Congenital Adrenal Hyperplasia which certificate is by RA 9048 (Clerical Error Law), together with Article 412 of
issued by Dr. Michael Sionzon of the Department of Psychiatry, the same Code, change of name or sex in the birth certificate
University of the Philippines-Philippine General Hospital, who, is allowed by the courts so long as clerical or typographical
in addition, explained that “Cagandahan genetically errors are involved.
is female but because her body secretes male hormones, Changes sought by Silverio will have serious legal and public
her female organs did not develop normally, thus has organs policy consequences. To grant this petition filed by Silverio will
of both male and female.” The lower court decided in her favor greatly alter the laws on marriage and family relations. Second,
but the Office of the Solicitor General appealed before the there will be major changes in statutes that underscore the
Supreme Court invoking that the same was a violation of Rules public policy in relation to women.
103 and 108 of the Rules of Court because the said petition did
not implead the local civil registrar. [G.R. No. 97906. May 21, 1992.]
REPUBLIC OF THE PHILIPPINES, petitioner, vs. COURT OF
ISSUE: APPEALS and MAXIMO WONG, respondents.
Whether or not Cagandahan’s sex as appearing in her birth PONENTE: REGALADO, J.:
certificate be changed.
FACTS:
RULING: Maximo Wong petitioned for the change of his name to
The Supreme Court affirmed the decision of the lower court. It Maximo Alcala, Jr. which was his name prior to his adoption by
held that, in deciding the case, the Supreme Court considered Hoong Wong and Concepcion Ty Wong. Maximo Wong is the
legitimate son of Maximo Alcala, Sr. and Segundina Y. Alcala. and even underwent the rigors of trial to substantiate her
Siblings Maximo Alcala, Jr. (2 ½ years old) and Margaret Alcala sworn statement.
(9 years old) were adopted by Hoong Wong and Concepcion Ty
Wong (naturalized Filipino citizens) with the consent of their If his adoptive mother does not take offense nor feel any
parents. resentment, abhorrence or insecurity about his desire to
change his name, Maximo avers that there can be no possible
Hoong Wong, now deceased, was an insurance agent while prejudice on her, much less the State.
Concepcion Ty Wong was a high school teacher. They decided
to adopt the children as they remained childless after fifteen ISSUE: Whether or not Maximo Wong may legally change his
years of marriage. The couple showered their adopted children name to Maximo Alcala, Jr.
with parental love and reared them as their own children.
HELD: YES. Maximo Wong may legally change his name to
Maximo Wong (22 years old) then married and a junior Maximo Alcala, Jr.
Engineering student at Notre Dame University, Cotabato City,
filed a petition to change his name to Maximo Alcala, Jr. It was RATIO DECIDENDI: Change of name is a privilege, given the
averred that his use of the surname Wong embarrassed and proper or reasonable cause or compelling reason.
isolated him from his relatives and friends, as the same
suggests a Chinese ancestry when in truth and in fact he is a SC: We are guided by the jurisprudential dictum that the State
Muslim Filipino residing in a Muslim community, he wants to has an interest in the names borne by individuals and entities
erase any implication whatsoever of alien nationality; that he for the purpose of identification, and a change of name is not
is being ridiculed for carrying a Chinese surname, thus a matter of right but of sound judicial discretion, to be
hampering his business and social life; exercised in the light of reasons adduced and the
and that his adoptive mother does not oppose his desire to consequences that will likely follow; it is a privilege which may
revert to his former surname. be granted only upon a showing of a proper or reasonable
cause or compelling reason therefor.
RTC Ruling: Ruled in the AFFIRMATIVE (having complied with
the necessary requisites) SC: We find unacceptable the assertion of the SolGen that
OSG appealed the decision Maximo's allegation of ridicule and embarrassment due to the
use of his present surname is unsubstantiated.
CA Ruling: AFFIRMED RTC decision in full
Among the grounds for change of name which have been held
OSG’s Contentions: valid are: (a) When the name is ridiculous, dishonorable or
Maximo's allegations of ridicule and/or isolation from family extremely difficult to write or pronounce; (b) When the change
and friends were unsubstantiated and cannot justify the results as a legal consequence, as in legitimation; (c) When the
petition for change of name. change will avoid confusion; (d) Having continuously used and
been known since childhood by a Filipino name, unaware of
For Maximo to cast aside the name of his adoptive father is her alien parentage; (e) A sincere desire to adopt a Filipino
crass ingratitude to the memory of the latter and his adoptive name to erase signs of former alienage, all in good faith and
mother who is still alive, despite her consent to the petition for without prejudicing anybody; and (f) When the surname
change of name. causes embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that
The reversion of Maximo Wong to his old name violates the change of name would prejudice public interest.
Articles 341 and 365 of the Civil Code, which requires an
adoptive child to use the surname of the adopter, and would While it is true that the statutory fiat under Article 365 of the
identify him with his parents by nature, thus giving the Civil Code is to the effect that an adopted child shall bear the
impression that he has severed his relationship with his surname of the adopter, it must nevertheless be borne in mind
adoptive parents. that the change of the surname of the adopted child is more
an incident rather than the object of adoption proceedings.
Maximo refutes these saying: RULING: CA Ruling is AFFIRMED in toto.
he did as the law required (used the surname of the adopter)
Being already emancipated, he can now decide what is best for
and by himself. It is at this time that he realized that the
Chinese name he carries causes him undue ridicule and
embarrassment and affects his business and social life.