[With Resolution of June 30, 1961]

In a petition for change of name filed by Juan Manuel and his children
Alexander, Gloria, Jack, and Victor, all surnamed Manuel, in the Court
of First Instance of Pangasinan (Sp. Proc. No. 13791), it was alleged,
among others—

“1. That petitioner Juan
Manuel is the father of the other petitioners—Alexander, Gloria, Jack,
and Victor, all surnamed Manuel; that they are all of legal age, except
petitioners Gloria Manuel, Jack Manuel and Victor Manuel, who are 20,
18 and 16 years of age, respectively, Filipinos, and residents of No.
17 Castillo Street, Municipality of Lingayen, Province of Pangasinan,
Philippines;

“2. That the petitioners have been—and still—are bona fide residents of the Municipality of Lingayen, Province of Pangasinan, Philippines, since the time of their birth up to the present;

“3.
That petitioner Juan Manuel desires to change his name, because there
are several persons not only in the street where he resides but in the
whole municipality of Lingayen, whose names are identical to his name,
Juan Manuel, thus causing confusion, particularly whenever a letter is
addressed simply ‘Juan Manuel’, it could not be determined with
certainty who is the person referred to. Another reason for the desire
to change his name is that he is the child born outside of wedlock of
one John Eaton, an American, and Maria Arachea Manuel, a Filipina, now
both deceased. When petitioner Juan Manuel was baptized he used the
family name of his mother; now, however, he desires to follow the name
and surname of his father;

“4. That the other
petitioners—Alexander, Gloria, Jack and Victor, all surnamed Manuel
naturally and logically desire to follow their father’s family name;

“5.
That petitioner Juan Manuel desires to change his name to John M. Eaton
and petitioners, Alexander, Gloria, Jack and Victor all surnamed
Manuel; desire to change their names to Alexander, Gloria, Jack and
Victor, all surnamed Eaton;

“6. That the petitioners desire that the order of hearing be published in the Pangasinan Courier.”

This petition was duly published in the Pangasinan Courier once a week for three consecutive weeks.

The Solicitor General filed an opposition thereto on certain procedural grounds.

After due trial, during which only the petitioners appeared and adduced
their evidence, the court granted the petition. From this decision, the
oppositor has appealed.

It may be observed from the petition
quoted above that the plea of 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.

With the above conclusion, it follows that the prayer of the other petitioners must also be denied.

Wherefore, the decision appealed from is hereby reversed, without pronouncement as to costs. So ordered.

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

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