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Legal Opinion
Legal Opinion
Subject: Possibility of changing the surname of your niece, 16-year old Paula P.
Cortes, who was placed under your care by your sister, Maricel Perez, who is
currently in the U.S. working as a nurse.
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I. BACKGROUND
This is to address your query regarding the possibility of changing the surname of
your niece, 16-year old Paula P. Cortes who was placed under your care by your sister,
Maricel Perez who is currently in the U.S working as a nurse. I am willing to give a
helping hand on the said concern. After evaluating and analyzing the issue, I am inclined
to present to you this information.
Facts:
Maricel Perez and William Cortes were not married when they bore a child
named Paula P. Cortez who was born on November 15, 1994. William told Maricel they
can’t get married yet since they were still young and had to finish college. He provided
support while Maricel was pregnant and after she gave birth. He paid half of the
hospitalization expenses, baby’s medical check ups and vaccination and gave additional
financial support. He even visited Maricel everyday and attended Paula’s Christening.
However, after the child’s first birthday, William went to Zamboanga to expand his
uncle’s business. For a year, he still managed to send money for Paula but it was
inconsistent. The last time he was able to communicate with Paula was during the child’s
second birthday. The child never grew up knowing her father. However, Paula carries his
father surname in the birth certificate and all her other official records.
Without Williams’s support, Melanie (Maricel’s sister) and her parents took care
of Paula since Maricel was still studying. After she graduated, Maricel worked for a
private hospital for a while and in year 2000, she was able to find a work in the US. Paula
is now 16 years old and her mother Maricel wanted to change her surname from Cortez to
Perez because she intends to petition her daughter to the US. The change in name would
facilitate the process and would easily identified Paula as her daughter. Also, Paula is
embarrassed every time she was asked why she has a different surname that of her
mother.
II. ISSUE
III. DISCUSSION
Applicable law:
Article 165 of the Family Code provides that :
“Children conceived and born outside a valid marriage are illegitimate, unless otherwise
provided in this Code.”
In the case at bar, William was not able to provide the essential support needed
by Paula while growing up. He was not able to provide indispensable
sustenance, dwelling, clothing, medical attendance, transportation and education
as stated in the Family Code when William abandoned Paula by not
communicating with her and not sending support for about fourteen years.
Applicable Jurisprudence
In REPUBLIC v. CAPOTE, (G.R. No. 157043, February 2, 2007, 514 SCRA 76). In
this case, an illegitimate child never recognized by his father is entitled to change his
name—a change of name will erase the impression that he was ever recognized by his
father. It is also to his best interest as it will facilitate his mother’s intended petition to
have him join her in the US. This Court will not stand in the way of the reunification of
mother and son.
In the case at bar, William only supported Paula for about two years wherein the
last year was inconsistent. There is an abandonment of support on the part of the father
for about fourteen years. It can be argued that William never recognized her daughter in
this regard.
One of the grounds held by the Court that is valid is that when the surname causes
embarrassment on the person. In the case at bar, Paula is embarrassed every time she was
asked why she has a different surname that of her mother.
IV. CONCLUSION
Based on the facts presented, we can a file a petition for Change of Name Civil Registry
from Paula P. Cortez to Paula Perez.
V. RECOMMENDATION
I appreciate the opportunity to advise you regarding this matter. Please let
I appreciate the opportunity to advise you regarding this matter. I believe we will have a
strong argument in our case. Please let me know if you wish to discuss any of these issues
further. Thank you.