POL DAVID INFANTE

Attorney-At-Law
123 Naic Street, Tandang Sora, Quezon City
Tel. No.: (02) 511-1683

MR. JUAN PUERTA

No. 1, Naic Street, Tandang Sora, Quezon City

Re: Change of Surname

Dear Mr. Puerta,

You disclosed that your mother, Juana Puerta, recently

acquired a favorable judgment in the annulment case she filed
against your estranged father, John Puerta. Consequently, you
seek this law offices advice as regards the legalities surrounding
the dropping or removing of your surname, Puerta, from your
mothers name and, more importantly, that of yours and your
minor sister, Juani Puerta.
To aid the discussion, we shall apply the law to the
circumstances of each person, to wit:

1. Juana Puerta, of legal age.

As mentioned, the marriage between your mother,

Juana, and your estranged father, John, has recently been
annulled. The Civil Code1 provides that as the innocent
spouse, your mother, may resume her maiden name and
surname or continue to employ her former husbands
surname.

In this case, your mother may opt to resume her

maiden name and surname of Juana Juanita or continue to
employ your fathers surname and retain the name Juana
Puerta.

2. Mr. Juan Puerta, of legal age.

As legitimate children, you and your sister, Juani , are

obligated under the law2 to principally use the surname of
your father, John. Notwithstanding, it is also provided that
both of you have the right to bear the surname of your
1 Article 371 of the New Civil Code.

2 Article 364 of the New Civil Code.

 mother3. This does not mean, however, that you and your
sister can automatically change your surnames from that of
your fathers to that of your mothers.

A change of surname is a mere privilege and not a

matter of right.4 The law provides that no person can
change his surname without judicial authority. 5 This is
because the surname, to which the child is entitled, is fixed
by law. It identifies the family to which a child belongs and
is continued from parent to child.6

In the case of Republic of the Philippines vs. Court of

Appeals7, the Supreme Court emphasized that a person
requesting for change of name must show proper or
compelling reasons to its grant and that the requesting
person will be prejudiced by the use of his true and official
name.

Now with the recent annulment of your parents

marriage, you desire to turn over the events and have the
surname Puerta dropped from your name. With this you
expect that as you enter graduate school, you will get a
chance to live a normal life - free of harassment and
embarrassment that has been caused by your use of the
surname Puerta. In addition, you also wish to avoid
ridicule and unfavorable treatment, caused by your use of
the surname Puerta, which you deem to be detrimental to
your productivity, development and earning capacity once
you join the workforce.

In a case resolved by the Supreme Court 8, it held that

a request for change of surname is validly granted on the
ground that the surname causes embarrassment and there
is no showing that the desired change of name was for a
fraudulent purpose or that the change of name would
prejudice public interest.

Your circumstance falls squarely on this ground.

Hence, should you proceed with its filing, a petition to

3 Article 174 of the Family Code and Article 264 of the New Civil Code.

4 Ong Peng Oan vs. Republic, L-8035, November 29, 1957; Yu vs. Republic, L- 22040, November 29, 1965

5 Article 376 of the New Civil Code.

6 Republic of the Philippines vs. Court of Appeals and Maximo Wong, G.R. No. 97906, May 21 1992.

7 Republic of the Philippines vs. Court of Appeals and Maximo Wong, G.R. No. 97906, May 21 1992.

8 Republic of the Philippines vs. Court of Appeals and Maximo Wong, G.R. No. 97906, May 21 1992.
 change your surname from Puerta to Juanita is expected
to result to a favorable outcome.

3. Juani Puerta, minor.

Meanwhile, your sister, Juani, is still in kinder

preparatory school. You desire that she avoid the hardships
you have suffered and experienced by your use of your
common surname Puerta. From the foregoing, you ask
whether Juanis surname may be changed like yours from
Puerta to that of Juanita.

The Supreme Court, however, ruled that a petition to

change the surname for and in behalf of a minor is a
premature action. Only the minor, herself, when she shall
have reached the age of majority, may file the petition to
change her name. The decision to change her name, the
reason for the change, and the choice of a new name and
surname shall be hers alone to make. It must be her
personal decision. No one else may make it for her. If in her
adulthood she wants to change her surname, then she
herself may take such appropriate action as the law may
permit.9

Hence, a petition to change the surname of your

sister, Juani, whether filed for and in behalf of her by you or
your mother, Juanita, during Juanis minority, shall not
prosper.

I hope the foregoing satisfies your inquiries.

Should you have further questions or wish to proceed with

the preparation of appropriate legal processes, please do not
hesitate to call my office.

Very truly yours,

(signed)
POL DAVID INFANTE
PTR No. 12345678/ January 30, 2017
/
Pasig City
IBP Roll No. 12345678/ January 30,
2017 / Marikina City
Roll of Attorneys No. 123456

9 In the Matter of the Petition for Change of Name. Dolores Gemora Padilla, in representation of her mino children
Michael, Abigail, Rafael, Grabriel, and Annabelle, all surnamed Copuaco, except the last whose surname is Co vs.
Republic of the Philippines, L-28274, April 30, 1982; Republic of the Philippines vs Hon. Pio R. Marcos, et. al., L-
31065, February 15, 1990.
 MCLE Compliance No. V
1234567890

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 1
Manila City

IN THE MATTER OF THE PETITION

FOR CHANGE OF NAME
OF JUAN PUERTA.

SP. Proc. No. 11111

JUAN PUERTA,
Petitioner.
x- - - - - - - - - - - - - - - - - - - - - - - - - x

PETITION

Petitioner, JUAN PUERTA, through the undersigned

counsel and unto this Honorable Court respectfully states
that:

1. He is a Filipino citizen, single, of legal age and with residence

at No. 1, Naic Street, Tandang Sora, Quezon City.

2. He has been a bona fide resident of the City of Quezon since

the year 2001 or for at least three (3) years prior to the date
of the filing of this petition.

3. He was born on January 20, 1998 and his fathers name is

JOHN PUERTA while his mothers name is JUANITA PUERTA.
His birth certificate showed that the name given was JUAN
 PURTA, a certified true copy of which is attached hereto as
Annex A. His school records until he finished senior high
school carried the name of JUAN PUERTA.

4. His surname Puerta translates in English as vagina; his

full name, Juan Puerta, meanwhile, sounds like the term
one puerta which is loosely translated into English as One
Vagina.

5. By his use of his surname, he has been constantly bullied

with perverted and malicious sneers and jokes always
thrown at him. Due to this, he became isolated from his
peers and community and refused to socialize and
participate in social activities.

6. With the recent annulment of his parents marriage, he

desires to change his name from JUAN PUERTA to JUAN
JUANITA, which is a surname of his mother.

7. He desires to live anew in his first year of college - free of

harassment and embarrassment by his use of the surname
Puerta. In addition, he also desires to avoid ridicule and
unfavorable treatment due to the same, once he joins the
workforce. Further, he does not want that his children suffer
the same derisive remarks and embarrassment as what
petitioner has suffered for long.

8. He did not desire to change his name from JUAN

PUERTA to JUAN JUANITA due to or for any fraudulent
purpose. Nor will his change of name prejudice public
interest.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully

prayed of this Honorable Court that, after due notice and
publication in accordance with the Rules of Court, and
hearing, judgment be rendered granting petitioners name of
JUAN PUERTA be changed to JUAN JUANITA.

Other just and equitable reliefs are likewise prayed for.

01 April 2017. Quezon City.

 (signed)
POL DAVID INFANTE
Counsel for Plaintif
PTR No. 12345678/ January 30, 2017 /
Pasig City
IBP Roll No. 12345678/ January 30, 2017 / Marikina City
Roll of Attorneys No. 123456
MCLE Compliance No. V 1234567890

REPUBLIC OF THE PHILIPPINES)

PASIG CITY. . . . . . . . . . . . . . . )S.S.

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, JUAN PUERTA, of legal age, single, Filipino and with

residence at No. 1, Naic Street, Tandang Sora, Quezon City, under
oath depose and state that:

I am the Plaintiff in the above captioned case; I have caused

the preparation of the same; I have read the allegations
contained therein; and I certify that they are all true and correct
to the best of my own knowledge.

I further certify under oath that I have not commenced any

similar action before the Supreme Court, Court of Appeals, or
before any court, tribunal or agency concerned; and should I
learn of any similar cause of action filed before any of the
aforesaid bodies, I undertake to notify this Honorable Court within
five (5) days from notice.

In witness whereof, I have hereunto set my hand this 1st

day of April 2017 at Quezon City.

(signed)
JUAN PUERTA
Affiant
SUBSCRIBED AND SWORN TO before me, this 1st day of April
2017 at Quezon City, by herein affiant who exhibited to me her
TIN: 123-456-789.

Doc. No.1;
Page No. 123; Notary Public
Book No. V;
Series of 2017.