MANAHAN, VYRON N

1JD2

March 17, 2010

Mrs. Melanie P. Gamboa

Craig St., Sampaloc
Manila

Re: Possibility of Changing the Surname of Paula P. Cortes

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Dear Mrs. Gamboa,

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This legal opinion addresses the query regarding the possibility of changing the

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surname of Paula P. Cortes from Cortes to Perez to facilitate the process of her mother

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petitioning her to the United States of America.

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I. BACKGROUND
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The following are the pertinent facts as per our discussion and the documents
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you have presented:

You are seeking legal advice on behalf of your sister, Maricel A. Perez, who has
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been working as a nurse in the United States of America for the past 10 years, since
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2000.

Back in college, Maricel had a boyfriend, William Cortes. William got Maricel
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pregnant in their third year of college. He told her they could not marry since they were
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young and had to finish college first, but he will give support.

In November 15, 1994, Maricel gave birth to their daughter, Paula. Paula’s birth
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certificate reflected William as her father. He was around when the hospital personnel
collected information for Paula’s birth registration. He also shared in the
hospitalization expenses, and provided support and visited Maricel and the baby
almost every day.

After Paula’s first birthday, William went to Zamboanga. He promised to return

but he never did. He did send money for Paula, although inconsistently, until her

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 MANAHAN, VYRON N
1JD2

second birthday, when he sent a gift and a letter saying he was sorry he was not there
for her birthday. After that, he was never heard of again, and no replies were given via
either phone or letters.

Paula carries the name Paula P. Cortes in all her official records and William is
identified as her father. Maricel now wants to have her surname changed to Perez, as
she intends to petition her to the US. It would facilitate the process and Paula would
be easily identified as her daughter.

Paula is okay with the change in surname, as she never really knew William.
Furthermore, to this day, people often ask her why she has a different surname from
her mother and it is a source of embarrassment for her.

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II. ISSUE

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Can Paula’s surname be changed from Cortes to Perez?
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III. DISCUSSION
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Yes. Paula’s surname can be changed from Cortes to Perez. We will first discuss
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the legality of using her father’s surname, then move to the grounds provided by law
for a change of name.
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A. Use of father’s surname

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Under the Family Code1, children conceived and born outside a valid marriage
are illegitimate.2 Maricel and William were not married when Paula was conceived and
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born. As such, she is an illegitimate child of William.

When Maricel was born in 1994, (prior to the amendment of introduced by R.A.
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9255) Article 176 of the Family Code read:

ART 176. Illegitimate children shall use the surname and shall
be under the parental authority of their mother, and shall be

1
Exec Order No. 209 (1987)
2
Id, Art.165

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 MANAHAN, VYRON N
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entitled to support in conformity with this Code. The legitime

of each illegitimate child shall consist of one-half of the legitime
of a legitimate child.

Based on this provision, Paula should have carried her mother’s surname from
birth. However, when R.A. 9255 was enacted 2004, Article 176 was amended to read
as:

ART 176. Illegitimate children shall use the surname and shall
be under the parental authority of their mother, and shall be
entitled to support in conformity with this Code. However,
illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father through the

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record of birth appearing in the civil register, or when an

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admission in a public document or private handwritten
instrument is made by the father. Provided, the father has the

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right to institute an action before the regular courts to prove
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non-filiation during his lifetime. The legitime of each
illegitimate child shall consist of one-half of the legitime of a
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legitimate child.
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Under the amendment, illegitimate children are can now use their father’s
surname, if the father expressly recognized filiation of the child.
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B. Grounds for a change of name

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In Re: Petition for C In Re: Petition for Change of Name and/or

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Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang 3,

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the Court enumerates the grounds for a change of name under Rule 103 of the Rules
of Court:
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To justify a request for change of name, petitioner must show not only
some proper or compelling reason therefore but also that he will be
prejudiced by the use of his true and official name. Among the grounds
for change of name which have been held valid are:

3
G.R. No. 159966 (March 30, 2005).

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 MANAHAN, VYRON N
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(a) when the name is ridiculous, dishonorable or extremely difficult to write

or pronounce;
(b) when the change results as a legal consequence, as in legitimation;

(c) when the change will avoid confusion;

(d) when one has continuously used and been known since childhood by a
Filipino name, and was unaware of alien parentage;
(e) a sincere desire to adopt a Filipino name to erase signs of former
alienage, all in good faith and without prejudicing anybody; and (f) when
the surname causes embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose or that the change

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of name would prejudice public interest.

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The use of the surname Cortes has not been beneficial to Paula but rather a

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cause of embarrassment. In addition, in view of her mother’s intention to petition her

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to join her in the US, it may even stand in the way of this process. No less than the
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Supreme Court, in a similar case4, the court has declared:
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It is also to his best interest as it will facilitate his mother’s

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intended petition to have him join her in the United States. This Court
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will not stand in the way of the reunification of mother and son.
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IV. CONCLUSION
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Based on the foregoing, there is factual and legal basis to support the change in
surname for Paula P. Cortes to change her surname from Cortes to Perez. Under the
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procedures set forth in Rule 103 of the Rules of Court, such change in name can be
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availed. I am attaching a Petition for a Change in Surname, which will likewise be

submitted to the Regional Trial Court of Manila to commence this process.
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VYRON N MANAHAN

4
Republic of the Philippines v Trinidad R.A. Capote, G.R. No. 157043 (February 2, 2007).

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 MANAHAN, VYRON N
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Republic of the Philippines

National Capital Judicial Region
Regional Trial Court
Branch XX
City of Manila

SP Case No. XXXXX

For: Change of Name
Melanie P. Gamboa
Petitioner,
x-----------------------------------x

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PETITION

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PETITIONER, through counsel, unto this Honourable Court respectfully avers that:
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1. Petitioner is a Filipino citizen, of legal age, married, while minor PAULA P.
CORTES, is also a Filipino citizen, sixteen (16) years old and both are residents of 35
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Craig Street, Sampaloc, Manila where they can be served with summons and other
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court processes;
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2. Petitioner was appointed guardian [ad litem] of minor PAULA P. CORTES by

virtue of a court order in Special [Proc.] No. R-XXX, dated [February 18, 2010,
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authorizing her to file in court a petition for change of name of said minor in
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accordance with the desire of his mother [who is residing and working abroad];
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3. Both petitioner and minor have permanently resided in 35 Craig Street, Sampaloc,
Manila, Philippines for more than fifteen (15) years prior to the filing of this instant
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petition, the former since 1990 while the latter since his birth [in 1994];

4. The minor was left under the care of the petitioner since she was yet six (6) years
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old up to the present;

5. Minor PAULA P. CORTES is the illegitimate natural child of MARICEL A. PEREZ

and WILLIAM CORTES, born on November 15, 1994, and his mother used the
surname of the natural father despite the absence of marriage between them; and

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 MANAHAN, VYRON N
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PAULA has been known by that name since birth [as per her birth certificate
registered at the Local Civil Register of Manila];

6. The father, WILLIAM CORTES, from the time PAULA was two years old and up to
the present, failed to take up his responsibilities to her on matters of financial,
physical, emotional and spiritual concerns;

7. PAULA is now fully aware of how she stands with his father and she desires to have
his surname changed to that of his mother’s surname;

8. PAULA’s mother, MARICEL A. PEREZ, intends to petition her to join her in the
United States and her continued use of the surname CORTES, the surname of his
natural father, may complicate her status as natural child; and

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9. The change of name from PAULA P. CORTES to PAULA PEREZ will be for the

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benefit of the minor.

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PRAYER

Wherefore it is respectfully prayed that, after due notice, publication and hearing in
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accordance with the Rules of Court, this Honourable Court adjudge that the name of
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PAULA P. CORTEZ be changed to PAULA PEREZ, this day 17 th day of March, 2010.
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Law Firm of MANAHAN & Associates

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Counsel of Petitioner Melanie P. Gamboa

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