GR L 1261; (August, 1949) (Digest)
G.R. No. L-1261; August 2, 1949
CATALINA OSMEÑA DE VALENCIA, ET AL., plaintiffs-appellants, vs. EMILIA RODRIGUEZ, ET AL., defendants-appellees.
FACTS
Plaintiffs, the legitimate wife and legitimate children of Pio E. Valencia, filed an action for injunction to restrain the defendants—Emilia Rodriguez (the common-law wife) and her children with Pio E. Valencia (alleged to be illegitimate)—from using the surname “Valencia.” The defendants filed a motion to dismiss, which the trial court granted. Plaintiffs appealed, arguing that under the Civil Code, only legitimate children have the right to bear the father’s surname, while illegitimate children (not natural) are entitled only to support.
ISSUE
Whether legitimate children have an exclusive, proprietary right to their father’s surname such that they can legally prevent the father’s illegitimate children from using the same surname.
RULING
No. The Supreme Court affirmed the dismissal of the complaint. While Article 114 of the Civil Code grants legitimate children the right to bear their father’s surname, this provision does not confer a monopolistic or exclusive control over the surname that would allow legitimate children to prohibit others from using it. The law does not grant exclusive ownership of a surname. The defendants’ use of the surname “Valencia” is permissible, especially as it appears the father, Pio E. Valencia, acquiesced to such use. Even without his consent, no law prohibits the use of a surname by others merely because it coincides with that of another family.
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