Alfon v.

Republic

Facts:

Maria Estrella Veronica Primitiva Duterte was born on May 1952; she was registered in the
Local Civil Registrar’s office and was baptized under the same name.

For 23 years, she lived with her uncle, Hector Alfon. When she started schooling, from her 1st
grade until she graduated her bachelor’s degree she used the name Estrella Alfon.

Petitioner also exercised her right of suffrage under the same name.

The lower court granted the change of first name but denied with respect to the surname, because
of the Article 364 of the Civil Code which provides “Legitimate and legitimated children shall
principally use the surname of the father.”

Issue:

Whether or not Legitimate and Legitimated Children should exclusively use the name of the
father

Held:

The Supreme Court granted not only the change of first name but also her last name. The word
“principally” as used in the codal provision is not equivalent to “exclusively” so that there is no
legal obstacle if a legitimate or legitimated child should choose to use the surname of its mother
to which it is equally entitled.

Haw Liong v. Republc; proper or reasonable causes that may grant the change of name:

1. When the name is ridiculous, tainted with dishonour or is extremely difficult to write or
pronounce.

2. When the request for a change is a consequence of a change of status, such as when a natural
child is acknowledge or legitimated.

3 When the change is necessary to avoid confusion.

In the case presented, it has been shown that petitioner has borne the name Estrella S. Alfon
since childhood, until she finished her tertiary education.

There is therefore sufficient justification to grant fully her petition which is based on solid and
reasonable ground, to avoid confusion.