Republic v.

Hernandez

288 332

No. The Court modified the order of JudgeHernandez,

affirming the adoption of Kevinand giving him the
surname Munson, butmaintaining his given name, so
that he isknown as Kevin Earl Andrade Munson.

Espaola

RATIO:

Persons and Family Relations

- An adoption decree does not entitle theadoptee to a

change of first name, but only to achange of surname.
Change of first name can beachieved only through a
Rule 103 proceeding.- According to Art. 189 of the
Family Code:

KEYWORDS:

Adoptive parents want to changefirst name of adoptee

For civil purposes, the adopted shall be deemed to be a

legitimate child of the adopters and bothshall acquire
the reciprocal rights and obligations arising from the
relationship of parent and child, including the right of
theadopted to use the surname of the adopters.

G.R. No. 117209 ll Feb. 9, 1996 ll Regalado, J.

FACTS:
- Van and Regina Munson filed a petition toadopt minor
Kevin Earl Bartolome Moran. Atthe time of the filing,
Kevin had been in the
Munsons care for almost a year.
- In the same petition, they prayed for the
change of Kevins name to Aaron Joseph
thename he was baptized with, and the name
hisadoptive family, relatives and friends had
called him by since his arrival in the Munsons
home.- The petitioner opposed the inclusion of
thechange of name in the petition for adoption,arguing
that change of name should be aseparate proceeding
from adoption,according to Rule 103 of the Rules of
Court.- The trial court found that the Munsoncouple was
fit to adopt Kevin. It also held that
Kevins name could be changed to Aaron
Joseph, saying:

The first name sought to bechanged belongs to an

infant over a year old.Kevin Earl has not exercised full
civil rights nor engaged in any contractual
obligations.Neither can he nor petitioners on his behalf
bedeemed to have any immoral, criminal or illicit
purpose for seeking said change of
name. There is no way that the state or any
person may be so prejudiced by the action for

- The change of surname was deemed a

naturalconsequence of an adoption. In contrast,
thecreation of the adoptive relationship does not
give the adopter license to change the adoptees
registered first name. Such a change is beyondthe
scope of an adoption proceeding.- The change of first
name may only be done bystrictly complying with Rule
103 of the Rules of Court. It is an independent and
separateproceeding whose result cannot be
grantedthrough any other proceeding.- Further, the
adoption and the change of nameare not actions that
warrant a joinder.A joinder of causes of action is the
union of twoor more civil causes of action in the
samecomplaint, declaration or petition, even if eachof
them could be made the basis of a separatesuit. Joinder
is usually left to the discretion of alitigant party, though
there are certainrequisites: a. It will not violate the
rules on jurisdiction, venue and joinder of parties; and
b.The causes of action arise out of the samecontract,
transaction or relation between theparties, or are for
demands for money, or are of the same nature and
character.- The Court held that there is no
relationbetween the petition for adoption and
thepetition for a change of name. They are not of the
same nature and character, and do notpresent any
common question of fact or law.Thus, they do not
warrant a joinder.- Also, there is no legal ground for the
change of name. The grounds for change of
namerecognized by jurisprudence are the following: a.

change of Kevin Earls first name

.

- Thus, petitioner appealed by certiorari.

ISSUE:
WON an adoption decree entitles theadopted to a
change of first name
RULING:

Republic v. Hernandez
G.R. No. 117209 ll Feb. 9, 1996 ll Regalado, J.
289 332

Espaola

Persons and Family Relations

The name is ridiculous, dishonorable orextremely
difficult to write or pronounce; b. Thechange results as
a legal consequence of legitimation or adoption; c. The
change willavoid confusion; d. One has continuously
usedand been known since childhood by a Filipinoname
and was unaware of alien parentage; e.The change is
based on a sincere desire to adopta Filipino name to
erase signs of formeralienage, all in good faith and
without prejudiceto anybody; and f. When the surname
causesembarrassment and there is no showing that
thedesired change of name was for a
fraudulentpurpose or that the change of name
wouldprejudice public interest.-

The Court held that Kevins baptism under the

new name or the continuous use of it by him, hisfamily
and their friends do not constitute properand
reasonable ground for a legal change of name. When a
name given in church records orby which one is known
by the community isdifferent from that in the civil
register, it is
unofficial and cannot be recognized as ones real
name.- Lastly, the change of name without
properproceeding will be prejudicial to the
State.Because the State is naturally interested in
themethodical administration of justice and
themaintenance of its system of identifying itscitizens,
it stands to be prejudiced by thewanton disregard of
Rule 103 in this case.