G.R. No. L-51201 May 29, 1980
IN THE MATTER OF THE PETITION FOR CHANGE OF NAME OF MARIA ESTRELLA VERONICA PRIMITIVA DUTERTE, ESTRELLA S. ALFON, petitioner, vs. REPUBLIC OF THE PHILIPPINES, respondent.

FACTS

Petitioner Maria Estrella Veronica Primitiva Duterte sought judicial authority to change her name to Estrella S. Alfon. The evidence established that although her birth and baptismal certificates recorded her as the legitimate child of Filomeno Duterte and Estrella Alfon, she had been raised since childhood by her uncle, Hector Alfon. From the start of her schooling through her college graduation with a Bachelor of Science in Nursing, all her academic records used the name Estrella S. Alfon. She also exercised her right of suffrage under that name, and all her acquaintances knew her by it. Her petition was grounded on this lifelong use to avoid confusion.
The Court of First Instance of Rizal partially granted the petition. It authorized the change of her first names from “Maria Estrella Veronica Primitiva” to simply “Estrella,” but denied the change of surname from “Duterte” to “Alfon.” The trial court held that as a legitimate child, she must principally use her father’s surname pursuant to Article 364 of the Civil Code. It reasoned that her long use of “Alfon” did not constitute a proper and reasonable cause for a surname change, suggesting adoption was the proper remedy if she wished to carry her uncle’s surname.

ISSUE

Whether the trial court erred in denying the petition to change the petitioner’s surname from Duterte to Alfon.

RULING

Yes, the Supreme Court reversed the trial court’s partial denial and fully granted the petition. The legal logic proceeds from two key premises. First, the Court clarified that Article 364 of the Civil Code, which states legitimate children shall “principally” use the father’s surname, does not mandate exclusive use. The term “principally” is not equivalent to “exclusively,” meaning a legitimate child is not legally barred from using the mother’s surname to which the child is also entitled.
Second, and more decisively, the Court applied the established jurisprudential standards for a proper change of name. Following Haw Liong vs. Republic, a change is warranted for proper and reasonable causes such as avoiding confusion. The Court found this ground amply satisfied. The petitioner had been known exclusively as Estrella S. Alfon in every aspect of her life—academically, socially, and civically—for over two decades. To compel her to retain “Duterte” officially, contrary to the name under which she built her entire personal and public identity, would perpetuate confusion and administrative complications. Her petition was not whimsical but founded on the practical necessity of aligning her legal name with the one she had always used. Therefore, the Supreme Court modified the order, authorizing the full change of name to Estrella S. Alfon.