G.R. No. L-18971 January 29, 1968
IN THE MATTER OF THE CHANGE OF NAME OF ABUNDIO ROTAQUIO. ABUNDIO ROTAQUIO, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Abundio Rotaquio filed a petition with the Court of First Instance of Davao to change his family name from “Rotaquio” to “Rota”. He alleged that he was a married, bona fide resident of Davao City; that two of his four minor children were already using the surname “Rota” in their school records; that his family name “Rotaquio” sounds like a Christian name, causing confusion among friends and acquaintances; that its use sometimes evokes unfavorable comments and embarrassment; and that it has been a handicap in his social, business, and official dealings. After due publication and hearing, which included an opposition from the Provincial Fiscal representing the Republic, the lower court granted the petition. The Republic appealed, contending there was no proper and reasonable cause for the change.

ISSUE

Whether there is a proper and reasonable cause to allow petitioner Abundio Rotaquio to change his family name from “Rotaquio” to “Rota”.

RULING

Yes, the Supreme Court affirmed the lower court’s order allowing the change of name. The Court recognized that while the State has an interest in the names borne by individuals for identification, and a change of name is a privilege and not a right, courts may grant such authority for sufficient reason, such as to avoid confusion. In this case, the Court found that petitioner’s surname “Rotaquio” indeed gave rise to confusion, as people often mistook it for his Christian name, and he was frequently addressed by nicknames derived from it (“Taquio”, “Tags”, “Takoy”, “Akoy”). Furthermore, two of his children were already using “Rota”, while the other two used “Rotaquio”. The change was not arbitrary or whimsical, and there was no claim that petitioner sought the change for an unlawful purpose. Therefore, the order was affirmed.