GR L 23609; (March, 1966) (Digest)
G.R. No. L-23609 March 31, 1966
THEODORE GRANT, JR., represented by the mother FRANCISCA CASTRO, guardian ad litem, petitioner-appellee, vs. REPUBLIC OF THE PHILIPPINES, oppositor-appellant.
FACTS
Petitioner, through his mother Francisca Castro as guardian ad litem, sought to change his name from Patrick J. Bolan to Theodore Grant, Jr. Francisca Castro gave birth to the petitioner on April 30, 1949. She testified that the father was an American soldier named Theodore Grant, with whom she lived prior to conception and until a few months before birth, after which he left for the United States and became untraceable. Another American soldier, Sgt. Patrick Bolan, brought her to the hospital for delivery and furnished the data for the birth certificate, which named the child Patrick J. Bolan and listed Sgt. Bolan as the father. Francisca Castro believed the hospital would name the child Theodore Grant, Jr., and she used that name for his baptism and in all subsequent dealings; petitioner has been known by that name to his friends, teachers, and community. The petition, filed in the Court of First Instance of Rizal, also sought to amend the birth record to reflect Theodore Grant, Jr. as the true name and Theodore Grant as the father. The trial court granted the petition, but the Republic appealed, with the Court of Appeals certifying the appeal to the Supreme Court as involving pure questions of law.
ISSUE
Whether proper and reasonable cause exists under the stated facts to grant the petition for change of name from Patrick J. Bolan to Theodore Grant, Jr.
RULING
The Supreme Court reversed the trial court’s judgment and denied the petition for change of name. The Court held that the petition was primarily motivated by the desire to use the surname of petitioner’s putative father, Theodore Grant, as a natural child. However, under Articles 282 and 366 of the New Civil Code, a natural child may use the father’s surname only if acknowledged by both parents. There was no evidence of recognition by Theodore Grant. Therefore, petitioner is not legally permitted to use that surname, and a change of name cannot be used to circumvent this legal restriction, as established in Manuel v. Republic. The Court further noted that the desired name “Theodore Grant, Jr.” inherently implies paternity, which cannot be disengaged from the petition. Additionally, the mere fact that petitioner has been using and is known by a different name does not, by itself, constitute proper and reasonable cause for a legal change of name, citing Ong Te vs. Republic. The proper remedy, if evidence supports it, is an action for recognition, not a petition for change of name.