ALVERO LAW OFFICE

3rd floor, ABC Building

Yes Street, Tacloban City
342-9876
Alvero.law.office@gmail.com

February 13, 2021

Re: Change of surname

This is my legal opinion pertaining to the change of surname of Paula Cortes to Perez which
you have requested.

The following are the facts presented as per our discussion

Paula Cortes is the illegitimate daughter of Maricel Perez who is your sister and her then college
boyfriend, William Cortes. During Maricel Perez’ pregnancy and for sometime after the birth of
Paula Cortes, William Cortes constantly visited mother and child and even provided support in
the form of financial assistance. All visitation and support, however, ceased after William Cortes
returned to Zamboanga and, thereafter, attempts to contact him – by phone and through mail –
have proved futile. William Cortes appears as the father of Paula Cortes in her birth certificate
as well as in all her school records. Growing up, however, Paula Cortes experienced
embarrassment in having to explain why her surname is different from that of her mother. At
present, Maricel Perez is in the U.S. and desires to petition Paula Cortes for immigration. For
this purpose, Maricel Perez believes it would facilitate the process if Paula Cortes’ name were
changed to “Paula Abrogar Perez” as this would easily identify her filiation with Maricel Perez. In
addition, given that William Cortes has apparently abandoned Paula Cortes, Maricel Perez
would like Paula Cortes to have nothing to do with her putative father.

Under the Philippine laws, the name or family name is that which identifies the family to which
he belongs and is continued from parent to child. A name is said to have the following
characteristics: (1) It is absolute, intended to protect the individual from being confused with
others. (2) It is obligatory in certain respects, for nobody can be without a name. (3) It is fixed,
unchangeable, or immutable, at least at the start, and may be changed only for good cause and
by judicial proceedings. (4) It is outside the commerce of man, and, therefore, inalienable and
intransmissible by act inter vivos or mortis causa. (5) It is imprescriptible.
The Supreme Court has enumerated the grounds for change of name in the case of Republic of
the Philippines vs Magpayo (G.R. No. 189476, February 2, 2011), which are the following:
a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce; when
the change results as a legal consequence such as legitimation; when the change will avoid
confusion; when one has continuously used and been known since childhood by a Filipino
name, and was unaware of alien parentage; a sincere desire to adopt a Filipino name to erase
signs of former alienage, all in good faith and without prejudicing anybody; and 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.
In your case, you cannot just change the surname of your niece because of the actuations of
her father, embarrassment she suffered and for petitioning her for immigration. These basis for
changing her surname does not fall on the grounds mentioned by law. It is in my opinion that the
given name may be freely selected by the parents for the child but the surname to which the
child is entitled is fixed by law. Considering the above stated law and jurisprudence, there is no
sufficient cause to cause the change of Paula Cortes to Paula Perez.

Please do not hesitate to call me with any questions you may have. Also, if there are any
misstatements of fact in this letter it is important that you contact me when possible. Again, it
was a pleasure doing business with you and I look forward to your call.

Most Sincerely,

Ralf Alvero