Grace M. Grande (Petitioner) v. Patricio T.

Antonio (Respondent)

G.R. NO. 206248

Feb 18, 2014

Facts:

- Petitioner (Grande) and respondent (Antonio) lived together for a period of time as husband
and wife although Antonio had been married to someone else. They had 2 sons: Andre
Lewis and Jerard Patrick.
- The 2 sons were not expressly recognized by Antonio.
- When their relationship turned sour Grande left for the US with her 2 sons.
- Antonio filed a petition for Judicial Approval of Recognition with Prayer to take Parental
Authority, Physical custody, Correction of Surname of minors and Writ of Preliminary
Injunction.
- The RTC rendered the decision in favour of Antonio.
a. Ordering the Civil Registrar of Makati to cause the entry of the name (Antonio) as
the father of the minors.
b. Granting Antonio the right to jointly exercise parental authority with Grande.
c. Granting Antonio primary right and immediate custody over the 2 minors. (The 2
would stay with Antonio from Mon-Fri and Sat-Sun with Grande).
d. Ordering Grande to immediately surrender the custody of minors.
e. Ordering both parties to cease and desist from bringing minors out of the country.
f. Ordering parties to share support for the minors: p30, 000/month (70% from
Antonio and 30% from Grande).
- Grande filed for an appeal with the CA. where the appeal was partly granted. The RTC
decision was modified.
a. Entering the surname “Antonio” as the surname of both minors.
b. Ordering Antonio to deliver the minors to the custody of Grande.
c. Antonio shall have visitation rights twice a week.
d. Share support for the minors: p30, 000 (70% from Antonio 30% from Grande).
- Not satisfied with the CA’s decision, Grande filed for a petition for Review on Certiorari
under Rule 45 with the Supreme Court.

Issue:

Whether or not the father could compel the use of his surname to his illegitimate children upon
recognition of their filiations.
Ruling:

No, Art. 176 give illegitimate children the right to decide if they want to use the surname of their father
or not. It is not the father (herein respondent) or the mother (herein petitioner) who is granted by law
the right to dictate the surname of their illegitimate children.

- Antonio was ordered to deliver the minors to the custody of Grande.

- Antonio shall have visitation rights twice a week. (Upon the consent of Grande).
- Shared support for the minors: p30, 000 (70% from Antonio 30% from Grande).
- The case is REMANDED to the RTC, Branch 8 of Aparri, Cagayan. For the sole purpose of
determining the surname to be chosen by the minors.

“Art. 176. – 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 the 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.”