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    Alfon V Republic

    Uploaded by

    Adrheyni Kyle Cabug-os
    Alfon v Republic case brief - Persons and Family law

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Alfon V Republic

    Uploaded by

    Adrheyni Kyle Cabug-os
    2 views1 page
    Alfon v Republic case brief - Persons and Family law

    Original Title

    Alfon v Republic

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    © © All Rights Reserved

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    PDF, TXT or read online from Scribd

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    Alfon v Republic case brief - Persons and Family law

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2 views1 page

    Alfon V Republic

    Uploaded by

    Adrheyni Kyle Cabug-os
    Alfon v Republic case brief - Persons and Family law

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    ALFON V Republic

    DIGEST
    Facts:
    ● Maria Estrella Veronica Primitiva Duterte, through her counsel, Atty. Rosauro Alvarez, filed a
    verified petition to change her name to Estrella S. Alfon.
    ● The petitioner was born on May 15, 1952, at U.S.T. Hospital and baptized with the name Maria
    Estrella Veronica Primitiva Duterte. Her parents are Filomeno Duterte and Estrella Veronica
    Primitiva Duterte. She has been raised by Mr. and Mrs. Hector Alfon and resided with them for 23
    years.
    ● Since her childhood, the petitioner has used the name Estrella S. Alfon. She attended school and
    completed her education under this name, including her Bachelor of Science in Nursing at
    Arellano University. Her scholastic records and voter registration are under the name Estrella S.
    Alfon.
    ○ She attended grades one through four of high school at Stella Maris College under this
    name.
    ○ After high school, she enrolled at Arellano University and completed a Bachelor of
    Science in Nursing, also using the name Estrella S. Alfon.
    ● The petitioner has not committed any felony or misdemeanor.
    ● Petitioner has advanced the following reasons for filing the petition:

    1. She has been using the name Estrella Alfon since her childhood;
    2. She has been enrolled in the grade school and in college using the same name;
    3. She has continuously used the name Estrella S. Alfon since her infancy and all her friends and
    acquaintances know her by this name;
    4. She has exercised her right of suffrage under the same name.

    Issue:
    WON there is a proper and reasonable cause for the petitioner to change her name from Maria Estrella
    Veronica Primitiva Duterte to Estrella S. Alfon.
    Ruling:
    YES. The only reason why the lower court denied the petitioner's prayer to change her surname is that as
    legitimate child of Filomeno Duterte and Estrella Alfon she should principally use the surname of her
    father invoking Art. 364 of the Civil Code. But the word "principally" as used in the codal provision is not
    equivalent to "exclusively" so that there is no legal obstacle if a legitimate or legitimated child should
    choose to use the surname of its mother to which it is equally entitled.
    "The following may be considered, among others, as proper or reasonable causes that may
    warrant the grant of a petitioner for change of name;
    (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.

    In the case at bar, it has been shown that petitioner has, since childhood, borne the name Estrella
    S. Alfon although her birth records and baptismal certificate show otherwise; she was enrolled in the
    schools from the grades up to college under the name Estrella S. Alfon; all her friends call her by this
    name; she finished her course in Nursing in college and was graduated and given a diploma under this
    name; and she exercised the right of suffrage likewise under this name. There is therefore ample
    justification to grant fully her petition which is not whimsical but on the contrary is based on a solid and
    reasonable ground, i.e. to avoid confusion

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