Petitioner filed for a change in surname from “Kiat” to “Chua”. He was born from a Chinese father, Cheong Kiat, and a Filipina mother, Melania Sibayan. After his birth, his father allegedly secured a favorable judgment allowing Cheong to change his surname from “Kiat” to “Chua”. Hence, petitioner used the surname “Chua” in all his credentials including the Certificate of Live Birth of his children. Petitioner alleged that he was not able to secure a copy of his father’s birth certificate since the latter was born in China.
The Regional Trial Court granted the petition but this was reversed and dismissed by the Court of Appeals. Accordingly, petitioner did not offer any proof to establish that Cheong was able to secure a court judgment allowing him to change his surname.
Issue:
Whether or not the appellate court erred in disallowing petitioner from officially changing his name
Ruling:
The petition was granted. The Court found that there is a legal and factual basis for granting the petition for change of name as he had been using Chua in all his credentials.
According to Republic v. Coseteng-Magpayo, several recognized grounds that can be invoked by a person desirous of changing his name include:
- when name is ridiculous, dishonorable, or extremely difficult to write or pronounce;
- when the change results as a legal consequence such as legitimation;
- when the change will avoid confusion;
- when one has continuously used and had been known since childhood by a Filipino name, and was unaware of alien parentage;
- a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing 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
The present case falls under the exception of avoidance of confusion. Hence, the petition was granted.
