Date: March 17, 2020

To: MRS. MELANIE P. GAMBOA and MS. MARICEL PEREZ

35, Craig St., Sampaloc, manila

From: Atty. NAMIEL MAVERICK D. BALINA

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

Whether or not Paula’s surname can be change from Cortez to Perez.

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.”

Article 176 of the Family Code provides that:

“Illegitimate children shall use the surname and shall be under the parental authority of
their mother, and shall be entitled to support in conformity with this Code. However,
illegitimate children may use the surname of their father if their filiation has been
expressly recognized by their father through the record of birth appearing in the civil
register, or when an admission in a public document or private handwritten instrument is
made by the father. Provided, the father has the right to institute an action before he
regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate child.”

Also, an illegitimate child is also defined as a child born of out of lawful

wedlock.[2] In our current case, Paula is considered an illegitimate child since her
parents were not married from the time she was born up to this day.

Article 194 of the Family Code provides that:

“Support comprises everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the
family. The education of the person entitled to be supported referred to in the preceding
paragraph shall include his schooling or train for some profession, trade or vocation, even
beyond the age of majority. Transportation shall include expenses in going to and from
school, or to and from place of work.”

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.

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, March 30, 2005, 454 SCRA 155) 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 any compelling reason which may justify such change. The
touchstone for the grant of a change of name is that there be proper and reasonable cause
for which the change is sought. To justify a request for change of name, petitioner must
show not only some proper or compelling reason therefore but also that he will be
prejudiced by the use of his true and official name. Among the grounds for change of
name which have been held valid are: (a) when the name is ridiculous, dishonorable or
extremely difficult to write or pronounce; (b) when the change results as a legal
consequence, as in legitimation; (c) when the change will avoid confusion; (d) when one
has continuously used and been known since childhood by a Filipino name, and was
unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of
former alienage, all in good faith and without prejudicing anybody; and (f) when the
surname causes embarrassment and there is no showing that the desired change of name
was for a fraudulent purpose or that the change of name would prejudice public interest.

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

We will invoke the prevailing jurisprudence of REPUBLIC V. CAPOTE where 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 of Paula’s best interest as it will facilitate her mother’s intended petition to have her
join her in the US. Also, in relation to the prevailing jurisprudence RE: PETITION
FOR CHANGE OF NAME AND/OR CORRECTION OF ENTRY IN THE CIVIL
REGISTRY OF JULIAN LIN CARULASAN WANG, Paula is embarrassed every
time she was asked why she has a different surname that of her mother. We can use this
argument in court since there is a negative impact on the child’s feelings every time she
was asked about the difference in surname with her mother. Also, as stated in Article 194
of the Family Code which provides that “Support comprises everything indispensable for
sustenance, dwelling, clothing, medical attendance, education and transportation, in
keeping with the financial capacity of the family. The education of the person entitled to
be supported referred to in the preceding paragraph shall include his schooling or train for
some profession, trade or vocation, even beyond the age of majority. Transportation shall
include expenses in going to and from school, or to and from place of work”, in the case
at bar William failed to provide support as a father to Paula when he stop communicating
with her and discontinue to give support on her child for about fourteen years.
Furthermore, we will follow the Rule 103 of the Rules of Court regarding the Change of
Name.

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.