Facts:
Atanacia Llaneta was married with Serafin Ferrer whom she had a
child named Victoriano Ferrer. Serafin died and about 4 years later, Atanacia
had a relationship with another man out of which Teresita Llaneta was born.
Atanacia brought Teresita and Victoriano to Manila where they lived with
Serafin’s mother.
Teresita was raised in the household of the Ferrer’s using the
surname of Ferrer in all her dealings throughout her schooling. When she was 21
years old, she applied for a copy of her birth certificate in Sorsogon as it is
required to be presented in connection with a scholarship grant. It was then
that she discovered that her registered surname was Llaneta and that she was
the illegitimate child of Atanacia and an unknown father.
She filed a petition for change of name from Teresita Llaneta to
Teresita Llaneta Ferrer on the ground that her use of the surname Llaneta would
cause untold difficulties and confusion. The trial court denied the petition
relying on the 3 decisions of the Supreme Court that disallows a change of name as would give the false impression of
family relationship.
Issue:
Whether or not the change of surname should allowed
Held:
Yes.
Teresita has established that she has been using the surname Ferrer for as long
as she can remember; that all her records, in school and elsewhere, put her
name down as Teresita Ferrer; that her friends and associates know her only as
Teresita Ferrer; and that even the late Serafin Ferrer's nearest of kin (who
apparently have kept Teresita's illegitimacy a secret from her) have tolerated
and still approve of her use of the surname Ferrer. Indeed, a sudden shift at this time by the
petitioner to the name Teresita Llaneta (in
order to conform to that appearing in her birth certificate) would result in confusion among the
persons and entities she deals with and entail endless and vexatious
explanations of the circumstances of her new surname. In her
official dealings, this would likewise mean a lifelong fending with the
necessary affidavits. Moreover, it is a salutary law that would allow
Teresita, inspite of her illegitimate birth, to carry on in society without her
unfortunate status being bandied about at every turn.
The
principle remains valid but only to the extent that the proposed change of name
would in great probability cause prejudice or future mischief to the family
whose surname it is that is involved or to the community in general. In the
case at bar, however, the late Serafin
Ferrer's widowed mother, Victoria, and his two remaining brothers, Nehemias and
Ruben, have come forward in earnest support of the petition. Adequate publication of the
proceeding has not elicited the slightest opposition from the relatives and
friends of the late Serafin Ferrer. Clearances from various Government
agencies show that Teresita has a spotless record. And the State (represented
by the Solicitor General's Office), which has an interest in the name borne by
every citizen within its realm for purposes of identification, interposed no
opposition at the trial after a searching cross-examination, of Teresita and
her witnesses. Whether the late Serafin Ferrer, who died some five years before
Teresita was born, would have consented or objected to her use of his surname
is open to speculation. One thing, however, is beyond cavil: those living who possess the right
of action to prevent the surname Ferrer from being smeared are proud to share
it with her. (Teresita
Llaneta vs. Hon. Corazon J. Agrava, G.R. No. L-32054 May 15, 1974)
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