Spec Pro Critic - Change of Name

IN THE MATTER OF THE CHANGE OF SURNAME OF THE PETITIONER
FROM TABELINO TO GATO
I. As to Form
A change of name is a special proceeding with such nature that of in rem,
binding not only between the parties but the whole world. Thus, it is important
that it must comply to jurisdictional requirements prescribed by law.
Sec. 1 under Rule 103 of the Revised Rules of Court provides that “a
person desiring to change his name shall present the petition to the Court
of First Instance of the province in which he resides, or, in the City of
Manila, to the Juvenile and Domestic Relations Court.”
As to venue, there is compliance pursuant to the provision of the law

mentioned. This special proceeding was filed at the Regional Trial Court, 7 th
Judicial Region, Branch 5 of Cebu City. As the province of Cebu which is the
place where the petitioner resides is outside Manila, then it has been properly
filed at the Regional Trial Court of Cebu City, Province of Cebu.
Sec. 2 of the same rule provides that “A petition for change of name shall
be signed and verified by the person desiring his name changed, or some
other person on his behalf, and shall set forth:
(a) That the petitioner has been a bona fide resident of the province
the petition is filed for at least three years prior to the date of such
filing;
(b) The cause for which the change of petitioner’s name is sought;
(c) The name asked for.”
In this judicial proceeding, the petitioner who is a person desiring to

change her name is duly represented by her mother as she is still a minor
(aged 6 years old). The petitioner as represented by the mother has been
established to be a bona fide resident of Cebu for at least three years where
the proceeding has been filed correctly. The residence of the petitioner as well
as the mother has been shown through a Certification from Barangay Lahug.
In the petition, it has also set forth the cause for which the change of
petitioner’s name is sought- that is, her surname as registered in the Office of
the Civil Registrar remained to be the maiden name of her mother (Tabelino)
even when she was actually and immediately recognized by her biological
father who was present during the entire duration of her delivery at VSMMC,
Cebu City. This error was caused by the attending physician of VSMMC
though the same were inadvertent and unintentional mistakes. Because of this,
the petitioner cannot use the surname of the father (Gato) as caused by the
omission of the aforesaid attending physician when the latter filled out the birth
certificate of the former, as what was stated therein is that her father is
“UNKNOWN”.
II. As to Substance
The surname may only be changed pursuant to Rule 103 of the Revised
Rules of the Court. The determining factor in the grant of the Change of Name
is the existence of a proper and reasonable cause. Among the grounds for a
valid change of name 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 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 prejuducing anybody ; and
(f) When the surname causes embarrassment and there is no
showing that the desired change of name was for a fraudulent purpose
of that the change of name would prejudice public interest.
In this case, the circumstances fall on a valid ground since the change of
the surname of the daughter to that of the father’s is necessary to avoid
confusion. While it is true that the change of name is a mere privilege and not a
matter of right, but it is likewise true that it can be granted provided that there is
sufficient reason: as when change of name is necessary to avoid confusion,
provided evidence is shown that she is indeed acknowledged by her father.
The petitioner has attached in support of her petition, the Affidavit of
Acknowledgement of Paternity and Consent to use the Surname of the father
made by the father of the petitioner in her behalf and photocopies of the recent
picture of the petitioner and the petitioner with her mother and father as well.

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IN THE MATTER OF THE CHANGE OF SURNAME OF THE PETITIONER

FROM TABELINO TO GATO

As to venue, there is compliance pursuant to the provision of the law

In this judicial proceeding, the petitioner who is a person desiring to

(a) when the name is ridiculous, dishonorable, or extremely difficult to

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