GR L 20997; (April, 1967) (Digest)
G.R. No. L-20997, April 27, 1967
IN THE MATTER OF THE PETITION TO CHANGE NAME OF ONG HUAN TIN TO TERESITA TAN ONG. HUAN TIN, petitioner-appellant, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellee.
FACTS
Petitioner Ong Huan Tin filed a petition to change her name to Teresita Tan Ong in the Juvenile and Domestic Relations Court (Special Proceeding 03521). The petition was published and set for hearing. However, before the hearing on the merits, the court, motu proprio, issued an order on November 6, 1962, expressing the opinion that an alien cannot avail of the provisions of the Rules of Court relating to change of name and denied the petition. A motion for reconsideration was subsequently rejected in an order dated November 24, 1962. The petitioner appealed.
ISSUE
The primary issue is whether an alien may petition for a change of name under Rule 103 of the Rules of Court.
RULING
The Supreme Court ruled that an alien may petition for a change of name, but only if the alien is domiciled in the Philippines. The Court set aside the orders of the Juvenile and Domestic Relations Court and directed it to proceed with the hearing and determination of the petition.
The Court held that Rule 103 does not require Philippine citizenship as a prerequisite. The word “person” in Section 1 of Rule 103 is a generic term embracing all natural persons, not limited to Filipino citizens. A change of name does not alter one’s legal capacity, civil status, or citizenship; it only changes the label or appellation by which a person is distinguished. The Court cited its previous ruling in In the Petition for the Change of Name of Joselito Yu (G.R. L-20874, May 25, 1966), which affirmed that an alien may petition for a change of name.
However, the Court clarified that not every alien may petition. Since a change of name is a proceeding in rem that establishes a person’s status in relation to the community, only an alien domiciled in the Philippines may apply. Domicile means a permanent home, the place to which one intends to return. An alien temporarily staying in the Philippines may not avail of this right, as the change is not temporary and the proceedings would not achieve the salutary effects intended, considering the concerns of third persons and the State.