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SUGGESTED ANSWER
THE CASE OF MELANIE P. GAMBOA
LEGAL OPINION
I. BACKGROUND
This pertains to the inquiry of Melanie Perez Gamboa (Mrs. Gamboa) on the
possibility of changing the surname of her niece, Paula P. Cortes, who was placed
under her care by her sister, Maricel Perez, a nurse in the U.S.
II. FACTS OF THE CASE
The relevant and material facts are as follows:
1. Paula P. Cortes is the daughter of Mrs. Gamboas sister, Maricel Perez, with
her college boyfriend, William Cortes.
2. Maricel Perez is single and has been working as a nurse in the U.S. since
2000.
3. Paula P. Cortes has been living with Mrs. Gamboa at her home at 35 Craig St.,
Sampaloc, Manila, since 2000 and the latter has been acting as her
guardian since the.
4. William Cortes initially gave support while Maricel was pregnant and after
she gave birth.
5. After Paulas first birthday, William returned to his province in Zamboanga.
He gave money inconsistently for about a year thereafter and even sent a
letter and gift to Paula through courier for her second birthday.
6. That was the last time William was heard from.
7. Maricel raised Paula with the help of her family. Paula grew up never
knowing her father.
8. Paula carries Williams surname. William Cortes is indicated in the birth
certificate of Paula as her father.
9. However, Maricel Perez supplied the information, although William Cortes
was there when hospital personnel came to ask for information for Paulas
birth registration.
10. In all of Paulas official records, she carries Williams surname and William is
identified as her father.
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11. Maricel now wants to change Paulas surname from Cortes to Perez because
she intends to petition Paula and the change in name would facilitate the
process.
12. The proposed change in her surname is okay with Paula because she never
knew William.
III. ISSUES:
It is submitted that the following are the issues which must be resolved in the
instant matter:
1.
2.
3.
IV. OPINION/FINDINGS
After a careful review of the facts and the relevant laws and jurisprudence, the
following are the findings of the undersigned:
A. PAULA CORTES IS THE ILLEGITIMATE DAUGHTER OF WILLIAM CORTES
AND MARICEL PEREZ
1.
From the facts as narrated during the interview, it appears that while
William Cortes was the college boyfriend of Maricel Perez, the two in fact
never got married.
2.
Hence, this would make Paula Perez the illegitimate daughter of William
Cortes and Maricel Perez pursuant to Article 165 of the Family Code which
expressly provides that: Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this Code
[Underscoring provided].
3.
Also, since William Cortes never actually signed Paulas birth records, and
has since long stopped communicating with Paula and her family, it can
properly be claimed that William has not in fact recognized Paula as her
daughter within the contemplation of the law.
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On the desire of Maricel Perez to have the surname of Paula changed from
Cortes to Perez, it is my considered opinion that there is proper and ample
legal basis and precedent for this.
2.
3.
In Republic v. Capote (514 SCRA 76), the Supreme Court held that:
An illegitimate child whose filiation is not
recognized by the father bears only a given name
and his mothers surname and does not have a
middle name.
[Underscoring provided]
4.
However, before a person can be authorized to change his name given him
either in his certificate of birth or civil registry, he must show proper or
reasonable cause, or compelling reason to justify such change [See: In Re:
Petition for Change of Name and/or Correction of Entry in the Civil
Registry of Julian Lin Carulasan Wang, G.R. No. 159966 promulgated
March 30, 2005; 454 SCRA 155].
5.
6.
This was the holding of the Supreme Court in the case of Republic v. Capote
(514 SCRA 76), a very similar case, thus:
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Hence, under the circumstances, it is very clear that there is proper and
ample legal basis and precedent for the parties to pursue the intended
change of the surname of Paula from Cortes to Perez.
2.
3.
Although Paula has been under the care and actual custody of Ms. Melanie
Perez Gamboa for over ten (10) years, her supposed guardian, she is not
in fact the formers legal guardian because there is no court appointment or
designation to the said effect.
4.
On the other hand, Paulas mother, Maricel Perez, who has parental
authority over her, is in the US.
5.
6.
Hence, it is the advise of the undersigned that the Petition be filed by Paula,
assisted by Maricel Perez, through her Attorney-In-Fact, preferably Melanie
Perez Gamboa.
V. CONCLUSION/RECOMMENDED ACTION
In the light of all the foregoing, it is hereby recommended:
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1.
For Melanie Perez Gamboa to request her sister, Maricel Perez, to issue a
Special Power of Attorney (SPA) appointing the former as her Attorney-InFact and authorizing her to assist Paula Cortes to file the Petition for Change
of her surname from Cortes to Perez;
2.
For Paula Cortes, assisted by her mother Maricel Perez, through Maricels
sister and Attorney-In-Fact, Melanie Perez Gamboa, to file such Petition
before the Regional Trial Court of Manila, where Paula actually resides.
2.
3.
4.
5.
Petitioner has been a bona fide resident of the City of Manila for
more than three (3) years prior to the date of the filing of this
Petition, having actually resided at the above-mentioned address
since 2000.
6.
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