GR L 20874; (May, 1966) (Digest)
G.R. No. L-20874; May 25, 1966
IN RE PETITION FOR THE CHANGE OF NAME OF JOSELITO YU. JOSELITO YU, represented by his guardian ad litem, JUAN S. BARRERA, petitioner and appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor and appellee.
FACTS
Joselito Yu, a 13-year-old Chinese citizen and resident of Manila for over three years, through his guardian ad litem Juan S. Barrera, filed a petition in the Juvenile and Domestic Relations Court to change his name to “Ricardo Sy.” He alleged that he had been using the name “Ricardo Sy” for as long as he could remember, was under the care of his guardian, was enrolled in school under that name, and was baptized as “Ricardo Sy” with his real name also stated. Without holding a hearing, the lower court motu proprio dismissed the petition on the ground that Rule 103 of the Revised Rules of Court may not be invoked by aliens.
ISSUE
Whether an alien is entitled to file a petition for a change of name under Rule 103 of the Revised Rules of Court.
RULING
Yes. The Supreme Court set aside the order of dismissal and remanded the case for further proceedings. The Court ruled that Rule 103 does not limit the term “person” in Section 1 to Filipino citizens; it is a generic term embracing all natural persons. The rule does not require the petitioner’s citizenship to be stated, only that the petition be verified, signed, and set forth bona fide residence for at least three years, the cause for the change, and the name asked for. A change of name under Rule 103 does not define or change one’s family relations, legal capacity, civil status, or citizenship; it merely alters the label or appellation by which a person is known for convenience. The change is not a matter of right but of judicial discretion, to be exercised based on the reasons adduced and likely consequences, a principle applied in previous cases involving alien petitioners. The lower court’s reliance on Article 15 of the Civil Code regarding family rights was misplaced, as a change of name does not affect such rights or duties.