GR 97906; (May, 1992) (Digest)
G.R. No. 97906 May 21, 1992
REPUBLIC OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS and MAXIMO WONG, respondents.
FACTS
Private respondent Maximo Wong is the legitimate son of Maximo Alcala, Sr. and Segundina Y. Alcala. When he was two and a half years old, then known as Maximo Alcala, Jr., he and his sister were adopted by spouses Hoong Wong and Concepcion Ty Wong with the consent of their natural parents and by court order in 1967. Upon reaching age twenty-two, married and a college student, Maximo Wong filed a petition to change his name back to Maximo Alcala, Jr. He averred that using the surname “Wong” embarrassed and isolated him from relatives and friends as it suggests a Chinese ancestry when he is a Muslim Filipino residing in a Muslim community; he was being ridiculed, which hampered his business and social life; and his adoptive mother did not oppose his desire. The trial court granted the petition. The Court of Appeals affirmed the decision. The Republic, through the Solicitor General, opposed, contending the reasons were unsubstantiated, casting aside the adoptive father’s name was crass ingratitude, and reversion violated Articles 341 and 365 of the Civil Code requiring an adopted child to use the adopter’s surname.
ISSUE
Whether or not 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.
RULING
Yes. The Supreme Court affirmed the decision of the Court of Appeals. The Court found that private respondent’s testimony substantiated his claim of ridicule and embarrassment, which constituted proper and reasonable cause for a change of name. His adoptive mother consented, and his natural parents had no objection. The change of name sought was merely to avoid the embarrassment caused by the foreign-sounding surname and to reflect his true Muslim Filipino ancestry, not to sever his legal relationship with his adoptive parents. The Court held that a change of name is a privilege granted upon a showing of proper or reasonable cause. It does not alter one’s legal capacity, civil status, or citizenship; it only alters the name. The petition was denied, and the appellate court’s decision was affirmed in toto.
