EMELITA BASILIO GAN, petitioner vs REPUBLIC OF THE PHILIPPINES, respondent

REYES, J.:

FACTS

This is a petition for review on certiorari seeking to annul and set aside the decision of issued by
the court of appeals.

Emelita was born out of wedlock to Pia Gan and Consolacion Basilio, Her birth certificate
indicates that her full name is Emelita Basilio. She filed a petition for correction of name with the RTC
seeking to change the full name from Emelita Basilio into Emelita Basilio Gan because she had been
using her full name in all her school and government records, to avaoid confusion.

The trial court granted the petition and ordered the local civil registrar to change the petitioners
name in her birth certificate into Emelita B Gan.

RTC denied the motion for reconsideration by the respondent alleging that the petitioner who is
an illegitimate child failed to adduce evidence that she was duly recognized by her father which would
allow her to use his surname.

The appellate court reverse the lower court decision stating that under Article 176 of FC as
amended by RA 9255, an illegitimate child may only use the surname of the father if their filiations has
been expressly recognized by the father, which the petitioner failed to adduce evidence to prove
recognition. However, petitioner maintains that the lower court is correct in granting her petition. She
insist that her failure to present evidence that her father recognized her as an illegitimate child is
immaterial as a change of name is reasonable and warranted if it is necessary to avoid confusion. Hence
filed a petition.

ISSUE
WON an unrecognized or not acknowledged illegitimate child may use the surname of the
father.

RULING

The court denied the petition. Accordingly, a change of name is a privileged and not a matter of
right, proper and reasonable cause must exist before a person may be authorized to change his name.
The court agreed with the appellate court that the reason cited by the petitioner to support her petition
is not proper justification to allow her petition.

Furthermore, since petitioner was born prior to the effectivity of Family Code, the civil code
provisions shall apply. Under Article 366, it provides that a natural child acknowledge by parents shall
principally use the fathers surname, and article 368 provides that an illegitimate child shall bear the
surname of the mother.
 She did not proved that she is a natural child pursuant to Article 269 of the code, she cannot use
her father’s surname. But even assuming that she is a natural child, her failure to adduce evidence of
recognition or acknowledgement, forbids her from using her father’s surname.

In contrast to Alfon’s case relied by herein petitioner which allowed the petitioner to change her
surname from that of the father to the mother, Article 366 and 368 of the Civil Code do not give an
illegitimate child of a natural child not acknowledge by the father the option to use the surname of the
father. Thus, petitioner cannot insist to use the surname of her father.

PETITION DENIED