"xxx.
Having resolved the question of whether a legitimate child is entitled to use their mother's surname as their own, this Court proceeds to the question of changing petitioner's first name from "Anacleto" to "Abdulhamid."
Whether grounds exist to change one's name is a matter generally left to the trial court's discretion.60 Notably, the Petition is devoid of any legal arguments to persuade this Court that the Regional Trial Court erred in denying him this change. Nonetheless, we revisit the ruling, and petitioner's arguments as stated in his appeal.
The Regional Trial Court correctly cited the instances recognized under jurisprudence as sufficient to warrant a change of name, namely:
... (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence of legitimation or adoption; (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) 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 (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 of name would prejudice public interest.61(Citation omitted)
As summarized in the Record on Appeal, the petition to change name was filed to avoid confusion:
Petitioner has been using the name Abdulhamid Ballaho in all his records and transactions. He is also known to and called by his family and friends by such name. He has never used the name Anacleto Ballaho Alanis III even once in his life. To have the petitioner suddenly use the name Anacleto Ballaho Alanis III would cause undue embarrassment to the petitioner since he has never been known by such name. Petitioner has shown not only some proper or compelling reason but also that he will be prejudiced by the use of his true and official name. A mere correction of his private and public records to conform to the name stated in his Certificate of Live Birth would create more confusion because petitioner has been using the name Abdulhamid Ballaho since enrollment in grade school until finishing his law degree. The purpose of the law in allowing change of name as contemplated by the provisions of Rule 103 of the Rules of Court is to give a person an opportunity to improve his personality and to provide his best interest[.] There is therefore ample justification to grant fully his petition, which is not whimsical but on the contrary is based on a solid and reasonable ground, i.e. to avoid confusion[.]62 (Citations omitted)
These arguments are well taken. That confusion could arise is evident. In Republic v. Bolante,63 where the respondent had been known as "Maria Eloisa" her whole life, as evidenced by scholastic records, employment records, and licenses, this Court found it obvious that changing the name written on her birth certificate would avoid confusion:
The matter of granting or denying petitions for change of name and the corollary issue of what is a proper and reasonable cause therefor rests on the sound discretion of the court. The evidence presented need only be satisfactory to the court; it need not be the best evidence available. What is involved in special proceedings for change of name is, to borrow from Republic v. Court of Appeals, . . . "not a mere matter of allowance or disallowance of the petition, but a judicious evaluation of the sufficiency and propriety of the justifications advanced in support thereof, mindful of the consequent results in the event of its grant and with the sole prerogative for making such determination being lodged in the courts."
With the view we take of the case, respondent's submission for a change of name is with proper and reasonable reason. As it were, she has, since she started schooling, used the given name and has been known as Maria Eloisa, albeit the name Roselie Eloisa is written on her birth record. Her scholastic records, as well as records in government offices, including that of her driver's license, professional license as a certified public accountant issued by the Professional Regulation Commission, and the "Quick Count" document of the COMELEC, all attest to her having used practically all her life the name Maria Eloisa Bringas Bolante.
The imperatives of avoiding confusion dictate that the instant petition is granted. But beyond practicalities, simple justice dictates that every person shall be allowed to avail himself of any opportunity to improve his social standing, provided he does so without causing prejudice or injury to the interests of the State or of other people.64 (Emphasis in the original, citations omitted)
This Court made a similar conclusion in Chua v. Republic: 65
The same circumstances are attendant in the case at bar. As Eric has established, he is known in his community as "Eric Chua," rather than "Eric Kiat." Moreover, all of his credentials exhibited before the Court, other than his Certificate of Live Birth, bear the name "Eric Chua." Guilty of reiteration, Eric's Certificate of Baptism, Voter Certification, Police Clearance, National Bureau of Investigation Clearance, Passport, and High School Diploma all reflect his surname to be "Chua." Thus, to compel him to use the name "Eric Kiat" at this point would inevitably lead to confusion. It would result in an alteration of all of his official documents, save for his Certificate of Live Birth. His children, too, will correspondingly be compelled to have their records changed. For even their own Certificates of Live Birth state that their father's surname is "Chua." To deny this petition would then have ramifications not only to Eric's identity in his community, but also to that of his children.66
Similarly, in this case, this Court sees fit to grant the requested change to avoid confusion.
The Regional Trial Court itself also recognized the confusion that may arise here. Despite this, it did not delve into the issue of changing "Anacleto" to "Abdulhamid," but instead concluded that granting the petition would create even more confusion, because it "could trigger much deeper inquiries regarding [his] parentage and/or paternity[.]"67
This Court fails to see how the change of name would create more confusion. 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. 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.
Aside from being unduly restrictive and highly speculative, the trial court's reasoning is also contrary to the spirit and mandate of the Convention, the Constitution, and Republic Act No. 7192, which all require that the State take the appropriate measures to ensure the fundamental equality of women and men before the law.
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.68
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. 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.69
Xxx."
G.R. No. 216425, November 11, 2020
ANACLETO BALLAHO ALANIS HI, PTITIONER, V. COURT OF APPEALS, CAGAYAN DE ORO CITY, AND HON. GREGORIO Y. DE LA PENA III, PRESIDING JUDGE, BR. 12, REGIONAL TRIAL COURT OF ZAMBOANGA CITY, RESPONDENTS
https://lawphil.net/judjuris/juri2020/nov2020/gr_216425_2020.html
