Elisea Laperal vs Republic

Facts
Petitioner filed in the CFI of Baguio City a petition praying that she be
allowed to resume using her maiden name of Elisea Laperal. On March
24, 1939, petitioner married Enrique R. Santamaria. However after 19
years of marriage, A decree of legal separation was granted to Enrique
R. Sanatamaria. During the petitioner’s marriage, she was using the
name of Elisea Santamaria instead of her maiden name. The petition
was opposed by the City Attorney of Baguio on the ground that the
petition violates the provisions of Article 372 of the NCC, and that it is
not sanctioned by the Rules of Court. The court denied her petition on
the grounds of Article 372 of the NCC. On petitioner's motion, however,
the court, treating the petition as one for change of name, reconsidered
its decision and granted the petition on the ground that to allow
petitioner, who is a businesswoman decreed legally separated from her
husband, to continue using her married name would give rise to
confusion in her finances and the eventual liquidation of the conjugal
assets.

Issue
Whether the petitioner be allowed to change her surname because she
is legally separated from her husband

Held
No. The legal separation of the petitioner is not a sufficient ground to
justify the change of her last name. She observed the proper procedures
regarding the petition to change her name(ROC ART103) however
Article 372 of the NCC provides that “When legal separation has been
granted, the wife shall continue using her name and surname employed
before the legal separation.” The language of the statute is mandatory
that the wife, even after the legal separation has been decreed, shall
continue using her name and surname employed before the legal
separation. This is so because her married status is unaffected by the
separation, there being no severance of the vinculum. It seems to be the
policy of the law that the wife should continue to use the name
indicative of her unchanged status for the benefit of all concerned.