G.R. No. L-18047. December 26, 1963

IN THE MATTER OF THE CHANGE OF NAME OF TRINIDAD R. ASENSI. TRINIDAD R, ASENSI, REPRESENTED BY HER FATHER, GRACIANO ASENSI, PETITIONER, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR.

Decisions / Signed Resolutions December 26, 1963
Download PDF





This is an appeal taken by the
Solicitor General in behalf of the Republic of the Philippines against the decision or order of
the Court of First Instance of Cebu granting the
petition to change the name of petitioner from Trinidad Rodriguez to Trinidad Asensi.

After proper notice and hearing as
provided fry the Rules of Court in matters of change of name, the trial court
found as undisputed that Trinidad Rodriguez is the natural child of Luisa
Rodriguez and Graciano Asensi,
both of whom at the time of her conception and birth, were single. Later, the
two parents were legally married and, according to the father himself who
testified at the hearing, took the child
Trinidad in the fold of their family. There
is no question, therefore, that the minor
Trinidad has been duly legitimated.

Because of this legal consequence,
the Government’s counsel opposed the petition and now appeals the decision on
the sole contention that the judicial change of name is not necessary as the
legitimated child can, without judicial approval, adopt her parents’ surnames.
(Arts. 272 in relation to Art. 264 of the Civil Code.)

We find the objection of the
Republic to be too technical. There is no legal prohibition against obtaining a
judicial confirmation of a legal right. It may be a superfluity, but it is not
against law, customs, or morals. It does no harm to anybody. No one is
prejudiced thereby. We deem this appeal a waste of time and effort.

Wherefore, judgment of the lower court is
hereby affirmed. It is so ordered.

Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Paredes, Dizon, Regala and Makalintal, JJ., concur.