G.R. No. L-21194. April 29, 1966
HAW LIONG, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.
BAUTISTA ANGELO, J.:
seeks to change his name from Haw Liong to Alfonso Lantin in a petition
filed before the Court of First Instance of Leyte.
He
testified that he is 47 years old, married, and an employee of the
Leyte Asia Trading Company; that he has been a resident of Tacloban
City for more than 20 years; that he wants to change his name to
Alfonso Lantin because he is called by his Filipino friends as Alfonso
and the name of his father is Placido Lantin; that he wants to have a
Filipino name because he will soon be a Filipino citizen; that he came
to the Philippines in 1925 and since then his Filipino friends have
been calling him Alfonso; that there is no pending case against him as
Haw Liong; and that in the event a case will arise against him as Haw
Liong he is willing to appear and answer the same.
After hearing, the court a quo allowed petitioner to change his name from Haw Liong to Alfonso Lantin. The government has appealed.
This
Court has already had occasion to state the view thqt the State has an
interest in the names borne by individuals for purposes of
identification and that a change of name is a privilege and not a
matter of right. So that before a person can be authorised to change
the name given him either in his certificate of birth or civil registry
he must show proper or reasonable cause or any compelling reason which
may justify such change. Otherwise, the request should be denied (Ong
Peng Oan vs. Republic, 102 Phil., 468). The following may be
considered, among others, as proper or reasonable causes that may
warrant the grant of a petition for change of name: (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
(Tolentino, Civil Code of the Philippines, 1953 ed., Vol. 1, p. 660).
Petitioner
has not shown any proper or compelling reason that may justify the
request for a change of name other than his desire to adopt the name
Alfonso for the reason that he has always been known by that name by
his Filipino friends and associates and because that is the family name
of his father which he desires to follow to conform with the customs
and traditions in the Philippines. But this claim which is merely
supported by his own testimony cannot overcome the fact that the name
given him from the very beginning is Haw Liong as in fact this is the
name that appears in his landing certificate. The fact that he claims
to be the sou of one Placido Lantin, a Filipino, is of no moment
because if the same were true it is strange that the name that was
given him upon birth is Haw Liong and he had to file a petition for
naturalization to become a Filipino citizen. This indirectly belies his
claim that the name that should be given him is Alfonso Lantin because
that is the family name of his father “to conform with the customs and
traditions and also for sentimental reason.”
The true
situation however is, as was disclosed in his cross examination, that
in his business dealings with other people he always signed as Haw
Liong and never used the name Alfonso Lantin; that he came to be called
Alfonso by his friends only when during the Japanese occupation his
Filipino friends asked him how he was called and he taid them that his
name was Alfonso, and since then they started calling him by that name;
and that he is known in Tacloban City as Haw Liong and has not
contracted with any person under the name Alfonso Lantin. We find,
therefore, no proper or compelling reason that may justify the change
of name desired by petitioner for his petition does not come under any
of the cases above adverted to.
Wherefore, the decision appealed from is set aside. The petition is denied, with costs.
Bengzon, C.J., Concepcion, Reyes, J.B.L., Barrera, Dizon, Regala, Makalintal, Bengzon, J.P., Zaldivar, and Sanchez, JJ., concur.