file:spcpro_part8.htm

8.  CHANGE OF NAME

1. Name Defined

A name is that word or combination of words by which a person is
distinguished from others and which he bears as a label or appellation for the convenience
of the world at large in addressing him or in speaking of or dealing with him. 214

1. Minor

A minor may sign and verify
his petition for a change of name subject to the required assistance of a
guardian ad litem, although the absence of the latter does not void
the proceeding because it is amendable. 215

2. Resident Aliens

Resident aliens may also
petition for a change of name. A nonresident alien may not avail himself of the
same right; such a proceeding would not be of much benefit to him.216 But the petition will not be
entertained if petitioner’s citizenship is either controverted or doubtful. 217

2. Procedure

1. Venue

The petition shall be filed in the RTC (CFI) of the place of residence of
the person desiring to change his name. 218

2. Petition

Petitioner should allege (1) that he is a bona fide resident of the
region (province) for at least three (3) years, (2) the cause for the change of
name, and (3) the name asked for. 219

3. Hearing

The hearing is held after notice and publication. 220
The inclusion in the title of the petition for change of name and in the
published order of the name sought to be authorized, is jurisdictional. 221

3.  Case Rulings

1. Joinder of causes of action

Petitions for adoption and change of name cannot be joined. They are not the
same in nature and character nor do they present common questions of law and
fact. 222

2. Resumption of use of maiden name after divorce

The resumption by the wife of her maiden name after a Muslim divorce, is not
change of name under Rule 103. The proceeding filed to resume the use of the
maiden name is a superfluity but it is directory. 223

3. Absence of cause

No proper and reasonable cause has been shown in the petition for a change
of name from Vicencio to Yu. In fact, confusion is likely. Adoption is
required. 224

4. Causes for change of name

A 47-year old resident of Tacloban City, named Haw Liong, wanted to change
his name to Alfonso Lantin, as he would soon be a Filipino. The Supreme Court,
however, held that there was no compelling reason for the change of name.
According to the Court, what may be considered, among others, as proper and
reasonable causes that may warrant the change are: (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. 225

5. Erasing signs of former nationality

Petitioner was born in Hong Kong and came to the Philippines as a British
subject. He became a naturalized Filipino. The Court of Appeals found that the
evidence established sufficient justification for petition for change of name, i.e.,
a sincere desire to adopt a Filipino name Kenneth Kiana So, to erase signs
of his former nationality which will unduly hamper his social and business
life; his change of name will do away with his many aliases which should be
discouraged, apart from the fact that it will avoid confusion and will be for
the convenience of the world at large in addressing him or in speaking of or
dealing with him. 226

6. Resulting confusion

Legitimate minor children were not allowed to adopt the surname of the
mother’s second husband, because there would be a false impression of their
family relations, as it could result in confusion in their paternity. 227

7. Improving personality or social standing

On the other hand, a natural child through her mother petitioned for a
change of name to adopt the surname of her stepfather. The Solicitor General
argued that this would hide the child’s illegitimacy. The Supreme Court held
that there was nothing wrong with it, and that a change of name may be asked to
improve one’s personality or social standing and to promote his best interests
as long as injury or prejudice is not caused to anyone. 228

8. Legitimate minor child

A legitimate minor child may not also be allowed to change his surname from that
of a father who was a fugitive from justice to that of his mother. There will
be confusion as to parentage as it might create the impression that the minors
were illegitimate since they would carry the maternal surname only, which is
inconsistent with their legitimate status in their birth records. 229