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    Petitioner: Republic of The Philippines Respondents: Court of Appeals and Maximo Wong

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    nikol crisang
    Maximo Wong filed a petition to change his name back to his birth name, Maximo Alcala Jr. He was adopted as a child and given the surname Wong, but now as an adult he wishes to change it back. He argues using the Wong surname embarrasses him as it implies Chinese ancestry when he is actually a Muslim Filipino. The Court of Appeals affirmed the lower court's decision granting the name change. The Supreme Court also denies the petition and affirms the name change, finding Maximo provided valid reasons for embarrassment and isolation from using a surname inconsistent with his background and community.

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    Petitioner: Republic of The Philippines Respondents: Court of Appeals and Maximo Wong

    Uploaded by

    nikol crisang
    63 views2 pages
    Maximo Wong filed a petition to change his name back to his birth name, Maximo Alcala Jr. He was adopted as a child and given the surname Wong, but now as an adult he wishes to change it back. He argues using the Wong surname embarrasses him as it implies Chinese ancestry when he is actually a Muslim Filipino. The Court of Appeals affirmed the lower court's decision granting the name change. The Supreme Court also denies the petition and affirms the name change, finding Maximo provided valid reasons for embarrassment and isolation from using a surname inconsistent with his background and community.

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    232_Republic v CA

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    Maximo Wong filed a petition to change his name back to his birth name, Maximo Alcala Jr. He was adopted as a child and given the surname Wong, but now as an adult he wishes to change it back. He argues using the Wong surname embarrasses him as it implies Chinese ancestry when he is actually a Muslim Filipino. The Court of Appeals affirmed the lower court's decision granting the name change. The Supreme Court also denies the petition and affirms the name change, finding Maximo provided valid reasons for embarrassment and isolation from using a surname inconsistent with his background and community.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    63 views2 pages

    Petitioner: Republic of The Philippines Respondents: Court of Appeals and Maximo Wong

    Uploaded by

    nikol crisang
    Maximo Wong filed a petition to change his name back to his birth name, Maximo Alcala Jr. He was adopted as a child and given the surname Wong, but now as an adult he wishes to change it back. He argues using the Wong surname embarrasses him as it implies Chinese ancestry when he is actually a Muslim Filipino. The Court of Appeals affirmed the lower court's decision granting the name change. The Supreme Court also denies the petition and affirms the name change, finding Maximo provided valid reasons for embarrassment and isolation from using a surname inconsistent with his background and community.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Persons Doctrine: Change of Name

    GR No. 97906
    Republic v CA Date: May 21, 1992
    Ponente: REGALADO, J.
    Petitioner: REPUBLIC OF THE PHILIPPINES Respondents: COURT OF APPEALS and MAXIMO WONG

    Nature of the case: Petitioner seeks to set aside the judgment of respondent Court of Appeals in affirmance of
    the decision of the court a quo granting the petition filed by herein private respondent Maximo Wong for the
    change of his name to Maximo Alcala, Jr. which was his name prior to his adoption by Hoong Wong and
    Concepcion Ty Wong.
    FACTS
     Maximo Wong is the legitimate son of Maximo Alcala, Sr. and Segundina Y. Alcala.
     When he was but two and a half years old and then known as Maximo Alcala, Jr., and his sister Margaret
    Alcala, was then nine years old, they were, with the consent of their natural parents and by order of the
    court adopted by spouses Hoong Wong and Concepcion Ty Wong
     Upon reaching the age of twenty-two, herein private respondent filed a petition to change his name to
    Maximo Alcala, Jr.
     It was averred that his use of the surname Wong embarrassed and isolated him from his relatives and
    friends, as the same suggests a Chinese ancestry when in truth and in fact he is a Muslim Filipino
    residing in a Muslim community, and he wants to erase any implication whatsoever of alien nationality;
    that he is being ridiculed for carrying a Chinese surname, thus hampering his business and social life;
    and that his adoptive mother does not oppose his desire to revert to his former surname.
    ISSUE

    WON the reasons given by private respondent in his petition for change of name are valid, sufficient and proper
    to warrant the granting of said petition
    HELD/RATIO

     YES. We find unacceptable the assertion of the Solicitor General that private respondent's allegation of
    ridicule and embarrassment due to the use of his present surname is unsubstantiated.
     State has an interest in the names borne by individuals and entities for the purpose of identification,
    and a change of name is not a matter of right but of sound judicial discretion, to be exercised in the
    light of reasons adduced and the consequences that will likely follow; it is a privilege which may be
    granted only upon a showing of a proper or reasonable cause or compelling reason therefor.
     To justify a request for change of name, petitioner must show not only some proper or compelling
    reason therefor but also that he will be prejudiced by the use of his true and official name.
     Grounds for change of name which have been held valid 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) Having continuously
    used and been known since childhood by a Filipino name, unaware of her alien parentage; (e) A sincere
    desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without
    prejudicing anybody; and (f) 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.
     While it is true that the statutory fiat under Article 365 of the Civil Code is to the effect that an adopted
    child shall bear the surname of the adopter, it must nevertheless be borne in mind that the change of the
    surname of the adopted child is more an incident rather than the object of adoption proceedings.
    WHEREFORE, the petition is DENIED and the decision of respondent Court of Appeals is hereby AFFIRMED in
    toto.
    Notes

     For all practical and legal purposes, a man's name is the designation by which he is known and called in
    the community in which be lives and is best known. It is defined as the word or combination of words
    by which a person is distinguished from other individuals and, also, as the label or appellation which he
    bears for the convenience of the world at large addressing him, of in speaking of or dealing with him
     Two parts: the given name or proper name, and the surname or family name. The given or proper
    name is that which is given to the individual at birth or baptism, to distinguish him from other
    individuals. The name or family name is that which identifies the family to which he belongs and is
    continued from parent to child. 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.
     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.
     Article 365 which mandates that "(a)n adopted child shall bear the surname of the adopter," in
    correlation with Article 341 on the effects of adoption, among which is to"(e)ntitle the adopted person
    to use the adopter's surname." This same entitlement of an adopted child is maintained in Article 39(3),
    Title II of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code. More
    recently, Executive Order No. 209, as amended by Executive Order No. 227, or the Family Code, echoes
    the same statutory right of an adopted child to use the surname of the adopter. Clearly, from the very
    wordings of the law, it may be inferred that this use of the surname of the adopter by the adopted
    child is both an obligation and a right.

    1-C 2015-16 (PERLEZ)

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