IN THE MATTER OF THE PETITION FOR CHANGE OF NAME. PEDRO F. NACIONALES, PETITIONER AND APPELLEE, VS. REPUBLIC OF THE PHILIPPINES, OPPOSITOR AND APPELLANT.

Registered
at birth and baptized as Pedro Nacionales, the petitioner desires to
change his name to Pedro F. Guarin, after having been known as Pedro
Nacionales for twenty years.

The Pangasinan court of first
instance granted his petition, upon finding that although in the
registry of birth, Pedro “appears to be the son of Maximino Nacionales
and Maria Guarin, the fact is that his true father was G. R. No.
L-18067 Vicente Guarin and his true mother was Maria Ferrer. * * * it
was made to appear that his father was Maximino Nacionales and his
mother was Maria Guarin, * * *because four children of the spouses
Vicente Guarin and Maria Ferrer all died in infancy, and their fifth
child was already very sickly, so that when their sixth child, the
petitioner, was born, the latters father and mother were advised,
pursuant to local belief, to register the child under a different
family name, as if he were born of another couple, thereby breaking the
unlucky chain of deaths in infancy. Accordingly, by agreement of the
true father and mother of the petitioner, he was registered with the
name of Pedro Nacionales, and with the consent of his aunt, Maria
Guarin, sister of his father, and wife of Maximino Nacionales, the
petitioner was registered in the official register of births, and he
was even baptized, as if he were the son of said Maria Guarin and
Maximino Nacionales. These facts were testified to not only by the
petitioner but also by his own true mother, Maria Ferrer, who is still
living.”

The law provides that no person shall use any name different from the
one with which he was christened or such substitute name as may have
been authorized by a competent court. ^[1]
Judicial authority for a change of name may be obtained through
proceedings outlined in Rule 103 of the Rules of Court. And as the
state has an interest in the names borne by individuals for purposes of
identification, a change of name is not a matter of right, but a
privilege^[2] to be granted only after a showing of “proper and reasonable
cause”.

Asked thrice on the witness stand why he requested for this change of
name, this petitioner said “because I want to use my real family name”.
(p. 6, 14 & 20, t.s.n.) In other words, he wishes by this
proceeding to be declared a real son of Vicente Guarin, and not the
true son of Maximino Nacionales, as the record of birth and the church
books disclose. This proceeding, therefore, affects the relationship of
the children not only of Vicente Guarin (deceased) and Maria Ferrer,
but also of Maximino Nacionales and his wife Maria Guarin (both dead).

There are other surviving children of both families; two of Vicente Guarin,^[3] and seven of Maximino Nacionales^[4]; and yet none of them declared in favor of the petition. They are persons entitled to protect their surnames^[5] not to say their family ties and/or property rights.

On the other hand, this proceeding is in effect, an action by Pedro to
claim legitimacy (Art. 268, Civil Code) in the form of a petition to
change his name. And considering that three of the four persons
principally affected have passed from this life, and that correction of
public and church records ^[6] should not be permitted upon inconclusive
proof, we believe, and so hold, that this petition has not been shown to be proper and reasonable.

Accordingly, the appealed decision is reversed and the petition denied. So ordered.

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

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^[1] Commonwealth Act 142; Art. 376, New Civil Code.

^[2] Ong Pen Oan vs. Republic, 54 Off. Gaz. 2527.

^[3] p. 6 s.n.

^[4] p. 33 s.n.

^[5] Arts. 337, 378, New Civil Code.

^[6] Even school records, perhaps.