IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA

HONORATO B. CATINDIG, petitioner.

G.R. No. 148311. March 31, 2005

FACTS:
Honorato Catindig filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga
Garcia. He prayed that the child's middle name Astorga be changed to Garcia, her mother's
surname, and that her surname Garcia be changed to Catindig, his surname.
Trial court granted the petition and declared Stephanie as his legitimate child and heir, and
pursuant to Art. 189 of the Family Code, she is now known as Stephanie Nathy Catindig.
Honorato filed a motion for clarification and/or reconsideration that Stephanie should be allowed
to use the surname Garcia as her middle name.
The Republic, through the OSG, agreed with Honorato for her relationship with her natural
mother should be maintained and preserved, to prevent any confusion and hardship in the
future, and under Article 189 she remains to be an intestate heir of her mother.

ISSUE:
Whether or not an illegitimate child, upon adoption by her natural father, use the surname of her
natural mother as her middle name.

RULING:
Yes. there is no law prohibiting an illegitimate child adopted by her natural father, like
Stephanie, to use, as middle name her mother’s surname, we find no reason why she should
not be allowed to do so.
Article 176 of the Family Code, as amended by Republic Act No. 9255, (An Act Allowing
Illegitimate Children To Use The Surname Of Their Father) is silent as to what middle name a
child may use. Article 365 of the CC merely provides that “an adopted child shall bear the
surname of the adopter.” Article 189 of the Family Code, enumerating the legal effects of
adoption, is likewise silent on the matter.

Republic Act No. 8552, (Domestic Adoption Act of 1998) an legitimate child by virtue of her
adoption, Stephanie is entitled to all the rights provided by law to a legitimate child without
discrimination of any kind, including the right to bear the surname of her father and her mother.