GR 28507; (July, 1970) (Digest)
G.R. No. L-28507 July 31, 1970
JOSEFINA ANG CHAY and MERCEDITA ANG CHAY, petitioners-appellees, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioners Josefina Ang Chay and Mercedita Ang Chay, both of legal age and single, filed a petition in the Court of First Instance of Rizal to change their surnames from “Ang Chay” to “Hernandez.” Their mother, Paz Sta. Ana, a Filipino citizen and widow of Jose Hernandez, remarried Alejandro Ang Chay, a Chinese, in 1934. Petitioners were born from this second marriage. In 1939, the spouses separated, and the children remained with their mother. Unaware of their Chinese paternal lineage, they were enrolled in school by a half-sibling from their mother’s first marriage under the surnames “Hernandez.” They completed their elementary, secondary, and tertiary education, secured employment, paid taxes, and exercised voting privileges using the surname “Hernandez.” It was only in January 1966 that their mother revealed their true paternal surname. Subsequently, they executed statements electing Philippine citizenship, which were duly registered. The Republic opposed the petition, arguing the ground was not proper and reasonable.
ISSUE
Whether the petitioners have shown a proper and compelling reason to justify the change of their surnames from “Ang Chay” to “Hernandez.”
RULING
Yes. The Supreme Court affirmed the trial court’s decision granting the petition. The Court held that change of name is a privilege requiring a showing of proper and compelling reason. In this case, petitioners had, in good faith, used the surname “Hernandez” throughout their lives for all educational, professional, and civic purposes, unaware of their true surname until 1966. Forcing them to adopt “Ang Chay” at that late stage would cause confusion and trouble. Their situation was more compelling than cases where naturalized citizens sought Filipino-sounding names to integrate into society, as petitioners were reared and lived as Filipinos by a Filipino mother. No fraudulent intent or prejudice to the government or any individual was shown. Their sincere desire to continue using the Filipino name by which they had always been known constituted a proper and reasonable cause for the change.