AMADA LOURDES LERMA GARCIA, ETC., PETITIONER AND APPELLANT, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLEE.

This is a petition for change of name filed before the Court of
First Instance of Quezon City under Rule 103 of the Rules of Court.
Petitioner is Amada Lourdes Lerma Garcia who is represented by her
natural mother Paz Bonifacia Suñga de Garcia. She desires to change her
name to that of Amada Lourdes S. Lugue because her natural father has
recognized her as his child and she desires to adopt his surname.

No formal opposition was filed to the petition but during the trial
the Solicitor General made it of record that he was opposing the
petition on two main grounds, to wit: (1) the basis of the petition is
the fact that petitioner is the recognized child of her alleged father
and under Article 282 of the new Civil Code she has already the right
to bear the surname of the father who has recognized her as his natural
child; and (2) since judicial approval is needed for such recognition
under Article 281 of the same Code, the step she should take is not to
file a petition for a change of name but to institute an action to
obtain such judicial approval. The trial court upheld this contention
and on the basis thereof denied the petition. Hence this appeal.

Petitioner was born out of wedlock. In accomplishing her birth
certificate her natural parents declared therein; names other than
their true names to conceal their dishonor resultant from the arrival
of a child out of wedlock. The testimony of her mother and the sworn
statement of her father were presented in evidence to show that
petitioner is their acknowledged natural child. Among other things,
petitioner’s mother Paz Bonifacia Sunga testified that petitioner is
living with her in her residence; that she is using the name Maria
Lourdes Garcia the last of which she wants to change to Lugue in order
to bear the family name of her natural father Amado Vargas Lugue; that
she has been recognized by Amado Lugue although there is no document
nor judicial proceeding to that effect;: that Amado Lugue gave
permission to petitioner to adopt his family name as indicated on the
petition she signed at the Office of Judge Caluag; and that
petitioner’s natural father has been spending for her education such aa
paying for her books and school fees.

Considering the foregoing facts we are inclined to uphold the
opposition of the government to the effect that the appropriate remedy
that petitioner should pursue is not to present a petition for change
of name but to bring an action for recognition since it is a fact
established by her own evidence that her natural father has already
recognized her as his natural child in the light of the provisions of
Article 878 and 281 of the new Civil Code. This objective she can
easily accomplish there being willingness on the part of her parents to
have her as their natural child, and once this is accomplished she can
then avail of the rights granted by law to a natural child one of them
being to bear the surname of her natural father.

Rule 103 of our Rules of Courts has been adopted for purposes other
than the one sought for by petitioner in “the present proceeding. The
procedure set by law for certain purposes should be delimited. One
should not confuse or misapply one procedure for another lest we create
a confusion in the application of the proper remedy.

Wherefore, the resolution appealed from is affirmed, without costs.

Bengzon, C. J., Padilla, Labrador, Concepcion, Reyes, J. B. L., Barrera, Paredes, Dizon and De Leon, JJ., concur.