G.R. No. L-20306 March 31, 1966
IN THE MATTER OF THE CHANGE OF NAME OF JESUS NG YAO SIONG. JESUS NG YAO SIONG, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.

FACTS

Petitioner Jesus Ng Yao Siong, a Chinese resident of Dumaguete City, bears multiple names: Jesus Ng (in his birth certificate and certificate of residence), Jesus Uy, Keng Lee (in his school records), Uy Keng Lee Jesus (also in school records), Keng Lee Uy (to friends and the general public), Uy Keng Lee (in his income tax returns), and Jesus Ng Yao Siong (in his alien certificate of registration). His petition avers that these divers names “had caused much confusion in his school records and unnecessary delay and embarrassment to him in his dealing with the public.” To obviate this, he petitioned the Negros Oriental court to authorize the change of all his names to a single name, Keng Lee Uy. The city attorney opposed, alleging no necessity for the change and that petitioner violated laws regarding the use of names and surnames. The lower court granted the petition, and the Republic appealed.

ISSUE

1. Whether the court acquired jurisdiction over the petition given the defects in the publication of the order.
2. Whether the inclusion of aliases in the title of the petition is required for valid publication.
3. Whether a court can lawfully grant a change of name where the petitioner has violated laws regarding the use of aliases.
4. Whether petitioner presented proper and reasonable cause to authorize the change of name.

RULING

1. The court did not acquire jurisdiction. Change of name is a judicial proceeding in rem, and jurisdiction is acquired after publication of the order for three successive weeks in a newspaper of general circulation. The publication must give correct information, including the applicant’s true name. Petitioner’s true name recorded in the civil register is “Jesus Ng,” not “Jesus Ng Yao Siong” as stated in the petition, order of publication, and publication itself. This failure to give the true name sought to be changed in the heading is fundamental non-compliance with publication requirements, rendering the publication ineffective and the court without jurisdiction.
2. For valid publication, the title of the petition must include the petitioner’s real name and his aliases. Petitioner admits being known by multiple names. The aliases should appear in the title, not merely in the body of the publication, to properly inform the public and serve the purpose of notice.
3. A court cannot lawfully grant an application for change of name where the petitioner has violated laws regarding the use of aliases. Petitioner used various names without court authorization as required by Commonwealth Act 142. Such use appears to be a violation of Section 1 of said Act, punishable under Section 4. Granting the petition would sanction an unlawful act.
4. Petitioner did not present proper and reasonable cause. The alleged confusion, delay, and embarrassment caused by his various names do not constitute proper and reasonable justification. He had been using these names all along, which facilitated his transactions. The petition is not supported by weighty reasons, and the condition for the grant is non-existent.
The appealed judgment is reversed, and the petition is dismissed. Costs against petitioner.