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