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Friday, January 25, 2019

In Re Petition for Change of Name and/or Correction of


Entry in the Civil Registry of Julian Lin Carulasan Wang
Whe re to go?
Case Digest G.R. No. 159966 March 30, 2005 454 SCRA
2155 Home

Civil Law
In Re Petition for Change of Name and/or Correction of Entry in the Civil
Commercial / Mercantile Law
Registry of Julian Lin Carulasan Wang Case Digest
Criminal Law
G.R. No. 159966 ; March 30, 2005 ; 454 SCRA 2155
International Law
PRINCIPLE/S:
Legal Ethics
Special Proceedings
a) Change of name is a privilege and not a right Legal Forms
- The State has an interest in the names borne by individuals and entities for purposes of
identification. Labor Law
- Before a person can be authorized to change his name given him either in his certificate Political / Constitutional Law
of birth or civil registry, he must show proper or reasonable cause, or any compelling
reason w hich may justify such change. Remedial Law

Taxation Law
b) Valid grounds for change of name
(a) w hen the name is ridiculous, dishonorable or extremely difficult to w rite or pronounce;
(b) w hen the change results as a legal consequence, as in legitimation;

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Noob Case Digest: In Re Petition for Change of Name and/or Correction ... http://noobcasedigest.blogspot.com/2019/01/in-re-petition-for-change-of...

(c) w hen the change w ill avoid confusion;


(d) w hen one has continuously used and been know n since childhood by a Filipino name,
and w as unaw are of alien parentage;
(e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good
faith and w ithout prejudicing anybody; and
(f) w hen the surname causes embarrassment and there is no show ing that the desired
change of name w as for a fraudulent purpose or that the change of name w ould prejudice
public interest.

c) Surname of a Legitimate and legitimated child


Right to bear the surnames of the father and the mother.
- Hence a legitmate child bears the surname of his/her father and middle name of his/her
mother.

d) Surname of an illegitimate child


Not recognized by his/her father = Surname of father or
Recognized by his/her father
- Option to use surname of father or mother
- Middle name of mother

FACTS : The parents of Julian Lin Carulasan Wang, Anna Lisa Wang and Sing-Foe Wang,
w ere not yet married to each other w hen he w as born. When his parents subsequently
got married they executed a deed of legitimation of their son so that the child’s name w as
changed from Julian Lin Carulasan to Julian Lin Carulasan Wang. So, a petition w as filed
his mother for the change of name and/or correction/cancellation of entry in the Civil
Registry of her son, a minor, Julian Lin Carulasan Wang before the RTC. The parents of
Julian w anted to change his name since they intend for Julian to study in Singapore and in
Singapore middle names or the maiden surname of the mother are not carried in a person’s
name. They anticipated that w ill lead to discrimination. They also anticipated that it w ill lead
to confusion on the part of Julian since his sibling have different surnames. The RTC
denied the petition. Petitioner then filed this Petition for Review on Certiorari (Under Rule
45).
Stude nts ' Pe nny Earne r Corne r
ISSUE : WON dropping of middle name of a minor child is allow ed under Philippine law s.
Earn a bit of money on the side w hile
HELD: NO. The State has an interest in the names borne by individuals and entities for studying. Join Yougov.
purposes of identification, and that a change of name is a privilege and not a right, so that
before a person can be authorized to change his name given him either in his certificate of
To know more w ays to earn check
birth or civil registry, he must show proper or reasonable cause, or any compelling reason my other blog: Online Money Hoarder
w hich may justify such change.

The valid grounds for change of name are as follow s: : (a) w hen the name is ridiculous,
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dishonorable or extremely difficult to w rite or pronounce; (b) w hen the change results as a
legal consequence, as in legitimation; (c) w hen the change w ill avoid confusion; (d) w hen
Home
one has continuously used and been know n since childhood by a Filipino name, and w as
unaw are of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of Ambot Dunno Main Page
former alienage, all in good faith and w ithout prejudicing anybody; and (f) w hen the
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surname causes embarrassment and there is no show ing that the desired change of name
w as for a fraudulent purpose or that the change of name w ould prejudice public interest. Online Money Hoarder

Middle names serve to identify the maternal lineage or filiation of a person as w ell as
further distinguish him from others w ho may have the same given name and surname as
he has. Our law s on the use of surnames state that legitimate and legitimated children shall Blog Archive
principally use the surname of the father. The Family Code gives legitimate children the right January 2019 (6)
to bear the surnames of the father and the mother. Only an illegitimate child w hose filiation
is not recognized by the father does not have a middle name. Thus, the registered name of
a legitimate, legitimated and recognized illegitimate child thus contains a given or proper
About M e
name, a middle name, and a surname.
Am bot Dunno
In relation to the present case, the only reason advanced by petitioner for the dropping his
View my complete prof ile
middle name is convenience. This is not one of the valid grounds for petition for change of
name to be granted. In addition, petitioner is only a minor. It is best that the matter of change
of his name be left to his judgment and discretion w hen he reaches the age of majority. As Contact us through our Facebook page:

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Noob Case Digest: In Re Petition for Change of Name and/or Correction ... http://noobcasedigest.blogspot.com/2019/01/in-re-petition-for-change-of...

he is of tender age, he may not yet understand and appreciate the value of the change of https://www.facebook.com
his name and granting of the same at this point may just prejudice him in his rights under /noobcasedigest/
our law s.

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