IN RE: ALFON

G.R. No. L-51201. May 29, 1980.

The court shall grant a change of name provided that there is proper and reasonable cause for the same
Overview
Peitioner Maria Estrella Veronica Primitiva Duterte seeks to change her name to Estrella S. Alfon. Petitioner has used the same name
in her scholastic records and even exercised her right to suffrage under the same name.

The CFI partially denied petitioner’s prayer wherein she was allowed to change her name to Estrella Alfon Duterte. The court ruled that
in using Alfon as her last name, it was equivalent to using her mother’s surname, which was not allowed under the Civil Code.

The Supreme Court granted the petition. It ruled that its basis on the Civil Code is erroneous as the word “principally” is not equivalent
to “exclusively”. Moreover, there is proper and reasonable grounds based on jurisprudence.

Facts
Peitioner Maria Estrella Veronica Primitiva Duterte seeks to change her name to Estrella S. Alfon. Petitioner has been taken care of by
her uncle, Mr. Hector Alfon for 23 years. Since she started schooling, petitioner had been using the name Estrella S. Alfon all the way to
finishing her Bachelor’s Degree in Nursing. She even exercised her right to suffrage under the name of Estrella S. Alfon.

Lower Court’s Ruling

CFI: Partially granted the petition.
The CFI only allowed the change to petitioner’s first name. Thus, allowing her to change it to Estrella Alfon Duterte. It stated that the
evidence presented by the petitioner does not constitute proper and reasonable reason for a change of name. Further, allowing
petitioner to use the surname Alfon would be equivalent to letting her use her mother’s surname, which is contrary to Art. 364 of the
Civil Code which provides:

‘Legitimate and legitimated children shall principally use the surname of the father’

Issue: W/N there was a proper and reasonable reason to grant the change of name.

Ruling: Yes.

The Court ruled that the word “principally” in the Civil Code provision is not equivalent to “exclusively” so there is no legal obstacle for a
legitimate or legitimated child to choose to use the surname of the mother.

Morever, in the case of Haw Liong vs. Republic, the court enumerated a few reasons, among others, as a proper and reasonable
ground to change name, namely:

1) When the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce
2) When the request for change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated,
and
3) When the change is necessary to avoid confusion.

The court ruled that petitioner’s case fell under the third ground. Thus petitioner is allowed to change her name to Estrella S. Alfon

Disposition: Petition, granted. CFI ruing modified.