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Alfon v. Republic [GR L-51201, 29 May 1980]

Second Division, Abad Santos (p): 4 concur

Facts:

Maria Estrella Veronica Primitiva Duterte was born on 15 May 1952 at the UST Hospital to

Filomeno Duterte and Estrella. She was registered at the Local Civil Registrars Office as Maria Estrella

Veronica Primitiva Duterte. On 15 June 1952, she was baptized as Maria Estrella Veronica Primitiva

Duterte at the St. Anthony de Padua Church, Singalong, Manila. Estrella Veronica Primitiva Duterte

has been taken cared of by Mr. and Mrs. Hector Alfon. She lived in Mandaluyong for 23 years with her

uncle, Hector Alfon. When Maria Estrella started schooling, she used the name Estrella S. Alfon. She

attended her first grade up to fourth year high school at Stella Maris College using the name Estrella

S. Alfon. After graduating from high school she enrolled at the Arellano University and finished

Bachelor of Science in Nursing. Her scholastic records from elementary to college show that she was

registered by the name of Estrella S. Alfon. Petitioner has exercised her right of suffrage under the

same name. She has not committed any felony or misdemeanor.

She filed a verified petition on 28 April 1978 praying that her name be changed from Maria Estrella

Veronica Primitiva Duterte to Estrella S. Alfon. The CFI (Branch XXIII) partially denied petitioners

prayer on 29 December 1978, granting the change of first name but not the surname.

The Supreme Court modified the appealed order in as much as that petitioner is allowed to change notonly her first name but also her surname so as to be known as Estrella S. Alfon; without costs.

1. Principally is not equivalent to exclusively

The word principally as used in article 364 of the Civil Code is not equivalent to exclusively so that

there is no legal obstacle if a legitimate or legitimated child should choose to use the surname of its

mother to which it is equally entitled. In the case at bar, the lower court erred in reasoning that as

legitimate child of Filomeno Duterte and Estrella Alfon she should principally use the surname of her

father.

2. Grounds for change of name

The following may be considered, among others, as proper or reasonable causes that may warrant the

grant of a petitioner for change of name; (1) when the name is ridiculous, tainted with dishonor, or is

extremely difficult to write or pronounce; (2) when the request for change is a consequence of achange of status, such as when a natural child is acknowledged or legitimated; and (3) when the

change is necessary to avoid confusion (1 Tolentino 660, Civil Code of the Philippines, 1953 ed; Haw

Liong v. Republic). In the case at bar, to avoid confusion, the petition of name should be granted as

the petitioner has been using the name of Estrella S. Alfon since childhood