G.R. No. L-23609 - MARCH 1966 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE G.R. No. L-23609March 31, 1966 Theodore Grant, Jr. vs. Republic of the Philippines G.R. No. L-22744March 31, 1966 Lam Yin vs. Commissioner of Immigration G.R. No. L-22313March 31, 1966 Bartolome Dy Poco vs. Commissioner of Immigration, et al. G.R. Nos. L-22308 and 22343-4March 31, 1966 Chief of the Philippine Constabulary, et al vs. Court of First Instance of Rizal, et al. G.R. No. L-21905March 31, 1966 Eufronio J. Llanto vs. Mohamad Ali Dimaporo, et al. G.R. No. L-21731March 31, 1966 Republic of the Philippines vs. Lim Tian Teng Sons and Co., Inc. G.R. No. L-21663March 31, 1966 Manila Cordage Co., vs. Fernando Vibar, et al. G.R. No. L-21546March 31, 1966 Atlantic Mutual Insurance Co., vs. United Philippine Lines, Inc., et al. G.R. No. L-21519March 31, 1966 Victor Eusebio vs. Sociedad Agricola de Balarin, et al. G.R. No. L-21465March 31, 1966 Industrial-Commercial-Agricultural Workers' Organization(ICAWO) vs. Court of Industrial Relations, et al. G.R. No. L-21368March 31, 1966 Director of Lands, et al vs. Emilio Benitez, et al. G.R. No. L-21250March 31, 1966 Intestate Estate of Honfre Leyson. Margarita F. Laurente vs. Rizal Surety And Insurance Co. G.R. No. L-21167March 31, 1966 Primo Ganitano vs. Secretary of Agriculture and Natural Resources, et al. G.R. No. L-20928March 31, 1966 National Waterworks And Sewerage Authority vs. Secretary of Public Works And Communications. G.R. No. L-20801March 31, 1966 Pepito Lao Alfonso, et al. vs. Martiniano Vivo G.R. No. L-20635March 31, 1966 Etepha, A.G. vs. Director of Patents, et al. G.R. No. L-20407March 31, 1966 Pastor Gamboa vs. Dionisio Pallarca G.R. No. L-20306March 31, 1966 In re: Jesus Ng Yao Siong. Jesus Ng Yao Siong vs. Republic of the Philippines G.R. No. L-19601March 31, 1966 Catalina vda. de Roldan vs. Mariano Roldan, et al. G.R. No. L-18507March 31, 1966 People of the Philippines vs. Romualdo Rodrigo G.R. No. L-18368March 31, 1966 People of the Philippines vs. Rodolfo Agustin, et al. G.R. No. L-17482March 31, 1966 Genoveva R. Jabonete, et al vs. Juliana Monteverde , et al. G.R. No. L-15843March 31, 1966 People of the Philippines vs. Noril Sampang, et al. G.R. No. L-12986March 31, 1966 Spouses Bernabe Africa and Soledad C. Africa, et al vs. Caltex (Phil.) Inc., et al. G.R. No. L-22415March 30, 1966 Fernando Lopez, et al. vs. Pan American World Airways G.R. No. L-22208March 30, 1966 Continental Insurance Co., vs. Manila Port Service, et al. G.R. No. L-21043March 30, 1966 Apolonio Villanueva vs. Secretary of Public Works And Communications, et al. G.R. No. L-25290March 18, 1966 Sotera Viray vs. Court of Appeals, et al. G.R. No. L-22756March 18, 1966 Honda Giken Kogyo Kabushiki Kaisha, et al. vs. Lourdes P. San Diego, et al. G.R. No. L-21332March 18, 1966 Ly Giok Ha, et al. vs. Emilio L. Galang, et al. G.R. No. L-20717March 18, 1966 Consuelo Calicdan Baybayan vs. Republic of the Philippines G.R. No. L-19114March 18, 1966 People of the Philippines vs. Raymundo de Villa G.R. No. L-25577March 15, 1966 Onofre P. Guevara vs. Raoul M. Inocentes G.R. No. L-22032March 4, 1966 People of the Philippines vs. Camolo Digoro The Lawphil Project - Arellano Law Foundation, Inc. Theodore Grant, Jr. vs. Republic of the Philippines Lam Yin vs. Commissioner of Immigration Bartolome Dy Poco vs. Commissioner of Immigration, et al. Chief of the Philippine Constabulary, et al vs. Court of First Instance of Rizal, et al. Eufronio J. Llanto vs. Mohamad Ali Dimaporo, et al. Republic of the Philippines vs. Lim Tian Teng Sons and Co., Inc. Manila Cordage Co., vs. Fernando Vibar, et al. Atlantic Mutual Insurance Co., vs. United Philippine Lines, Inc., et al. Victor Eusebio vs. Sociedad Agricola de Balarin, et al. Industrial-Commercial-Agricultural Workers' Organization(ICAWO) vs. Court of Industrial Relations, et al. Director of Lands, et al vs. Emilio Benitez, et al. Intestate Estate of Honfre Leyson. Margarita F. Laurente vs. Rizal Surety And Insurance Co. Primo Ganitano vs. Secretary of Agriculture and Natural Resources, et al. National Waterworks And Sewerage Authority vs. Secretary of Public Works And Communications. Pepito Lao Alfonso, et al. vs. Martiniano Vivo Etepha, A.G. vs. Director of Patents, et al. Pastor Gamboa vs. Dionisio Pallarca In re: Jesus Ng Yao Siong. Jesus Ng Yao Siong vs. Republic of the Philippines Catalina vda. de Roldan vs. Mariano Roldan, et al. People of the Philippines vs. Romualdo Rodrigo People of the Philippines vs. Rodolfo Agustin, et al. Genoveva R. Jabonete, et al vs. Juliana Monteverde , et al. People of the Philippines vs. Noril Sampang, et al. Spouses Bernabe Africa and Soledad C. Africa, et al vs. Caltex (Phil.) Inc., et al. Fernando Lopez, et al. vs. Pan American World Airways Continental Insurance Co., vs. Manila Port Service, et al. Apolonio Villanueva vs. Secretary of Public Works And Communications, et al. Sotera Viray vs. Court of Appeals, et al. Honda Giken Kogyo Kabushiki Kaisha, et al. vs. Lourdes P. San Diego, et al. Ly Giok Ha, et al. vs. Emilio L. Galang, et al. Consuelo Calicdan Baybayan vs. Republic of the Philippines People of the Philippines vs. Raymundo de Villa Onofre P. Guevara vs. Raoul M. Inocentes People of the Philippines vs. Camolo Digoro The Lawphil Project - Arellano Law Foundation, Inc.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-23609             March 31, 1966

THEODORE GRANT, JR., represented by the mother FRANCISCA CASTRO, guardianad litem,petitioner-appellee,
vs.
REPUBLIC OF THE PHILIPPINES,oppositor-appellant.

Office of the Solicitor General Arturo A. Alafriz, First Asst. Solicitor General E. Umali and Solicitor T. R. Diño, for appellant.
Eladio P. Oleta, for appellee.

BENGZON, J.P.,J.:

Petitioner seeks to change his name from Patrick J. Bolan to Theodore Grant, Jr.

Francisca Castro gave birth to the petitioner on April 30, 1949 at the Bautista Hospital, Cavite City. According to her the father of petitioner is an American soldier by the name of Theodore Grant. Said American and Francisca Castro allegedly lived together prior to the conception of petitioner and continuously up to a few months before his birth. Theodore Grant then left for the United States and his whereabouts is unknown to Francisca Castro.

Another American soldier, Sgt. Patrick Bolan, a friend of Francisca Castro was the one who brought her to the hospital when she was about to give birth to petitioner. It was he who talked with the attending physician. According to petitioner's mother, Sgt. Patrick Bolan must have furnished the data appearing in petitioner's certificate of birth, naming petitioner Patrick J. Bolan and giving himself as the father (Exh. B).

At that time, however, Francisca Castro believed that the nurse at the hospital had followed her instructions to name the child if a boy — Theodore Grant, Jr. Francisca Castro therefore called her son Theodore Grant, Jr., and gave him that name when he was baptized on May 21, 1950 (Exh. 87.) Petitioner has been using the name Theodore Grant, Jr., and is known as such name by his playmates, friends, teachers and classmates.

Francisca Castro subsequently discovered that her son was named Patrick J. Bolan in the record of birth, when she got a certificate of birth for him.

Petitioner, who resides with her mother in Pasay City, filed in the Court of First Instance of Rizal on May 7, 1960 through his mother as guardianad litem, a petition for change of name.1äwphï1.ñët

After publication and hearing - the Republic of the Philippines opposing the petition, filing a motion to dismiss, which was denied - the aforesaid court rendered judgment on July 26, 1961 granting the petition.

The Republic appealed to the Court of Appeals. Said Court, on September 30, 1964, certified the appeal to us as involving questions purely of law.

The principal question raised is whether proper and reasonable cause exists, under the afore-stated facts, for the desired change of name.

Petitioner, is clearly prompted to change his name from Patrick J. Bolan to Theodore Grant, Jr., not only by the inconvenience that his real name may bring him but also by his desire to carry and use the surname of his supposed or putative
father — Theodore Grant — as his natural child. As the record shows, the principal evidence submitted by petitioner during the trial is his mother's testimony that he was born sans wedlock after she and Theodore Grant lived together as common law husband and wife; that petitioner's father is Theodore Grant; that for this reason she has always called him Theodore Grant, Jr. Such is the basis of the petition, so much so that it asked for amendment of petitioner's record of birth by entering Theodore Grant, Jr. as his true name and Theodore Grant — in lieu of Patrick Bolan — as his true father (Record on Appeal, p. 4).

For a natural child to use the surname of his father, however, he should be acknowledged by both parents (Arts. 282, 366, New Civil Code). And there is here admittedly no evidence of recognition by Theodore Grant of the petitioner as his child. Since petitioner is not allowed under the law to use the surname of his supposed or putative father, he should not be allowed to do so by way of change of name. Said this Court to such effect inManuel v. Republic, L-15811, March 21, 1961:

It is true that the question of paternity issue in the instant case, and there may really be some for a change of his name, yet petitioner should not be allowed to use a surname which otherwise he is not permitted to employ under the law.

As pointed out inLerma Garcia v. Republic, L-16085, November 29, 1961, petitioner's remedy is not a petition for change of name but — should there be evidence to support it — an action for recognition.

Petitioner would however urge on appeal that even solely on consideration of the inconvenience his present name would cause him, without regard to the question as to who is his father, he should be allowed to change his name. The point, however, is that the name he seeks in his petition is Theodore Grant, Jr. From such a name the question as to who is his father cannot be disengaged. For needless to say the word "Jr." is used by a son who bears the same name as his father.¹

And, finally, the fact alone that petitioner has been using a different name and has become known by it, does not constitute proper and reasonable cause to legally authorize a change of name (Ong Te vs. Republic, L-15549, June 30, 1962).

Wherefore, the judgment appealed from is hereby reversed and the petition for change of name denied. Without costs. So ordered.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Barrera, Regala, Makalintal, Zaldivar and Sanchez, JJ., concur.
Dizon, J., is on leave.

Footnotes