THEODORE GRANT, JR., REPRESENTED BY THE MOTHER FRANCISCA CASTRO, GUARDIAN AD LITEM, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Petitioner seeks to change his name from Patrick J. Bolan to Theodore Grant, Jr.

Francisca Castro gave birth to the petitioner on April 30, 1949 at
the Bautista Hospital, Cavite City. According to her the father of
petitioner is an American soldier by the name of Theodore Grant. Said
American and Francisca Castro allegedly lived together prior to the
conception of petitioner and continuously up to a few months before his
birth. Theodore Grant then left for the United States and his
whereabouts is unknown to Francisca Castro.

Another American soldier, Sgt. Patrick Bolan, a friend of Francisca
Castro, was the one who brought her to the hospital when she was about
to give birth to petitioner. It was he who talked with the attending
physician. According to petitioner’s mother, Sgt. Patrick Bolan must
have furnished the data appearing in petitioner’s certificate of birth,
naming petitioner Patrick J. Bolan and giving himself as the father
(Exh. B).

At that time, however, Francisca Castro believed that the nurse at
the hospital had followed her instructions to name the child—if a boy—Theodore Grant, Jr. Francisca Castro therefore called her son
Theodore Grant, Jr., and gave him that name when he was baptized on May
21, 1950 (Exh. C). Petitioner has been using the name Theodore Grant,
Jr., and is known by that name by all his playmates, friends, teachers
and classmates.

Francisca Castro subsequently discovered that her son was named
Patrick J. Bolan in the record of birth, when she got a certificate of
birth for him.

Petitioner, who resides with her mother in Pasay City, filed in the
Court of First Instance of Rizal on May 7, 1960, through his mother as
guardian ad litem, a petition for change of name.

After publication and hearing—the Republic of the Philippines
opposing the petition, filing a motion to dismiss, which was denied—the aforesaid court rendered judgment on July 26, 1961 granting the
petition.

The Republic appealed to the Court of Appeals. Said Court, on
September 30, 1964, certified the appeal to us as involving questions
purely of law.

The principal question raised is whether proper and reasonable cause
exists, under the afore-stated facts, for the desired change of name.

Petitioner, is clearly prompted to change his name from Patrick J.
Bolan to Theodore Grant, Jr., not only by the inconvenience that his
real name may bring him, but also by his desire to carry and use the
surname of his supposed or putative father—Theodore Grant—as his
natural child. As the record shows, the principal evidence submitted by
petitioner during the trial is his mother’s testimony that he was born
sans wedlock after she and Theodore Grant lived together as common law
husband and wife; that petitioner’s father is Theodore Grant; that for
this reason she has always called him Theodore Grant, Jr. Such is the
basis of the petition, so much so that it asked for amendment of
petitioner’s record of birth by entering Theodore Grant, Jr. as his
true name and Theodore Grant – in lieu of Patrick Bolan—as his true
father (Record on Appeal, p. 4).

For a natural child to use the surname of his father, however, he
should be acknowledged by both parents (Arts. 282, 366, New Civil
Code). And there is here admittedly no evidence of recognition by
Theodore Grant of the petitioner as his child. Since petitioner is not
allowed under the law to use the surname of his supposed or putative
father, he should not be allowed to do so by way of change of name.
Said this Court to such effect in Manuel vs. Republic, L-15811, March
27, 1961 :

“It may be observed from the petition quoted above
that the plea for change of name, from Juan Manuel to Juan M. Eaton, is
prompted not only by the inconveniences his present name brings to
petitioner but also by his desire to carry and use the surname of his
putative father. Actually, therefore, the granting of the petition
would not only result in the change of the name by which he is
customarily known, but would also give judicial sanction to the use by
petitioner who, admittedly, was born out of wedlock to Maria Arachea
Manuel and one John Eaton, of his alleged father’s surname.

“Under
the Civil Code, a natural child may use the father’s surname if he is
acknowledged by both parents. Should he be recognized by only one of
the parents, the natural child shall employ the surname of such
recognizing parent. (Art. 366; also Art. 282). There is no evidence on
record that petitioner Juan Manuel was duly recognized by the alleged
father. The petition, therefore, for change of his name from Juan
Manuel to Juan M. Eaton, should have been denied by the trial court.

“It
is true that the question of paternity is not the issue in the instant
case, and there may really be some need for a change of his name, yet
petitioner should not be allowed to use a surname which otherwise he is
not permitted to employ under the law.”

As pointed out in Lerma Garcia v. Republic, L-16085, November 29,
1961, petitioner’s remedy is not a petition for change of name but—should there be evidence to support it—an action for recognition.

Petitioner would however urge on appeal that even solely on
consideration of the inconvenience his present name would cause him,
without regard to the question as to who is his father, he should be
allowed to change his name. The point, however, is that the name he
seeks in his petition is Theodore Grant, Jr. From such a name, the
question as to who is his father cannot be disengaged. For needless to
say the word “Jr.” is used by a son who bears the same name as his
father.^[1]

And, finally, the fact alone that petitioner has been using a
different name and has became known by it, does not constitute proper
and reasonable cause to legally authorize a change of name (Ong Te v.
Republic, L-15549, June 30, 1962)..

Wherefore, the judgment appealed from is hereby reversed and the petition for change of name denied. Without costs.So ordered.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J. B. L., Barrera, Regala, Makalintal, Zaldivar, and Sanchez, JJ., concur.

^[1] See Article 375 of the New Civil Code providing that the word “Junior” can be used only by a son.