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EXPLAINER: Legitimate
children can use their
mom’s surname — SC
By: Cristina Eloisa Baclig - Content Researcher Writer / @inquirerdotnet
INQUIRER.net / 12:53 PM February 25, 2021

MANILA, Philippines — Legitimate children are now allowed to use the

surname of their mother as their surname, according to a Supreme Court
(SC) ruling.

The 15-page decision released on Wednesday was penned by Associate

Justice Marvic Leonen. It reversed the previous ruling of the Zamboanga
City Regional Trial Court (RTC) Branch 12 and the Court of Appeals (CA)
denying the plea of Anacleto B. Alanis III to change his surname to
Ballaho.
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According to the petitioner, he has been using the surname Ballaho – his
mother’s surname who he said had raised him and his siblings as a solo
parent. However, previous rulings in 2018 and 2014 turned down his
request, citing Article 364 of the Republic Act No. 386 known as An Act to
ordain and institute the Civil Code of the Philippines.

Article 364 of the Civil Code

The trial court’s previous decision was based on Article 174 of the Family
Code, which states:
“ARTICLE 174. Legitimate children shall have the right: (1) To bear the
surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames[.]”

This applies the Article 364 of the Civil Code, which stated that
“Legitimate and legitimated children shall principally use the surname of
the father.”

But, the High Court argued that the word “principally” in the provision
does not mean “exclusively.”

“The Regional Trial Court’s application of Article 364 of the Civil Code is
incorrect. Indeed, the provision states that legitimate children shall
“principally” use the surname of the father, but “principally” does not
mean “exclusively”,” the ruling read.

“This gives ample room to incorporate into Article 364 the State policy of
ensuring the fundamental equality of women and men before the law,
and no discernible reason to ignore it,” it added.

Grounds for changing names in the PH

As enunciated in the case of Republic v. Hernandez, there are instances
recognized under jurisprudence as sufficient to warrant a change of
name, including:

 “When the name is ridiculous, tainted with dishonor, or is

extremely difficult to write or pronounce;”

 “When the request for change is a consequence of a change of

status, such as when a natural child is acknowledged or

legitimated;”
  “When the change is necessary to avoid confusion;”

 “When one has continuously used and been known since

childhood by a Filipino name and was unaware of alien

parentage;”

 “When the change is based on a sincere desire to adopt a Filipino

name to erase signs of former alienage, all in good faith and

without prejudice to anybody;” and

 “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 of name would prejudice public

interest.”

Ballaho, in his petition, also appealed to have his given name changed
from Anacleto to Abduhalmid. The SC said the arguments were well-
taken, explaining that the petitioner has been using the said name in all
of his records and transactions. These include his scholastic records,
employment records, and licenses.
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“That confusion could arise is evident,” the ruling stated.

The SC also found the trial court’s conclusion that the change of name
“could trigger much deeper inquiries regarding [his] parentage and/or
paternity” as “unduly restrictive and highly speculative.”
 Patriarchy
The decision noted that the trial court also erred when it held that
legitimate children cannot use their mother’s surname because it “treated
the surnames of petitioner’s mother and father unequally.”

“Whether people inquire deeper into petitioner’s parentage or paternity

because of a name is inconsequential here, and seems to be more a
matter of intrigue and gossip than an issue for courts to consider,” the SC
said in the ruling.

“Regardless of which name petitioner uses, his father’s identity still

appears in his birth certificate, where it will always be written, and
which can be referred to in cases where paternity is relevant.”

It also said that the trial court also failed to consider the spirit and
mandate of the Convention, the Constitution, and Republic Act No. 7192
in its reasoning. Both of those require the State to “take the appropriate
measures to ensure the fundamental equality of women and men before
the law.”

The SC emphasized how the previous ruling has further “encoded”

patriarchy in the country’s system.

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“Patriarchy becomes encoded in our culture when it is normalized. The
more it pervades our culture, the more its chances to infect this and
future generations,” the decision read.
“The trial court’s reasoning further encoded patriarchy into our system. If
a surname is significant for identifying a person’s ancestry, interpreting
the laws to mean that a marital child’s surname must identify only the
paternal line renders the mother and her family invisible,” the SC
continued.

“This, in turn, entrenches the patriarchy and with it, antiquated gender
roles: the father, as dominant, in public; and the mother, as a supporter,
in private,” it concluded.

/MUF

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