GR L 20708; (August, 1967) (Digest)
G.R. No. L-20708 August 31, 1967
IN RE: PETITION TO CHANGE NAME. FELIMON TSE AND ALICE TSE thru their guardian ad litem ESMAELA DAWAT, petitioners and appellees, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellant.
FACTS
Felimon Tse and Alice Tse, minors aged 17 and 16 respectively, through their guardian ad litem Esmaela Dawat (their mother), filed a petition in the Court of First Instance of Leyte to change their names to Florimon Sia and Alice Sia. They alleged they had been bona fide residents of Ormoc City for over three years and had used the names Florimon Sia and Alice Sia since birth, in school, and in their social relations. They argued that unless their names were officially changed to match their school records, they might encounter difficulties in pursuing higher education. The City Attorney, on behalf of the Solicitor General, opposed the petition, contending that the stated reason was insufficient cause for a name change. After publication and hearing, the lower court granted the petition. The Republic appealed, raising issues regarding the verification of the petition by minors and the sufficiency of the reason for the name change.
ISSUE
1. Whether the petition was defective for being verified by the minor petitioners themselves.
2. Whether there was sufficient reason to justify the change of name.
RULING
1. No, the petition was not defective. Rule 103, Section 2 of the Rules of Court requires a petition for change of name to be signed and verified “by the person desiring his name changed, or some other person on his behalf.” There is no requirement that the person be of age. Furthermore, under Article 316(1) of the New Civil Code, parents have the duty to represent their unemancipated children in actions for their benefit. The mother filed the petition as guardian ad litem for her children. Jurisdiction over the subject matter is determined by the nature of the proceeding, not by a party’s capacity to sue. Any defect from the lack of a formal guardian ad litem appointment is amendable, and the court was cognizant of the mother’s role, justifying a presumption of her authorization.
2. Yes, there was sufficient reason. The evidence established that petitioners had used the names Florimon Sia and Alice Sia for school purposes and that their school records were under those names. This constitutes a valid ground for authorizing the name change. It was also considered that the Chinese surname “Tse” is equivalent to “Sia.” The appealed decision was affirmed.