In Re: Adoption of Stephanie Nathy Astorga Garcia

G.R. No. 148311. March 31, 2005

Petitioner: Honorato Catindig

Re: The petition for review on certiorari of a decision of the RTC Malolos, Bulacan.

Art. 364-380 - Use of surname is fixed by law

Facts:

·         In Aug. 2000, Catindig filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia.

·         He prayed that Stephanie’s middle name Astorga be changed to “Garcia” (her mother’s surname), and that her surname Garcia to “Catindig” (his surname).

·         In Mar. 2001, the trial court granted his petition, thereby freeing Stephanie from all obligations of obedience and maintenance with respect to her natural mother, and for civil purposes, shall henceforth be the petitioner’s legitimate child and legal heir.  Pursuant to Article 189 of the FC, the minor shall be known as “Stephanie Nathy Catindig”.

·         In Apr. 2001, the petitioner filed a motion for clarification and/or reconsideration, praying that Stephanie should be allowed to use the surname of her natural mother “Garcia” as her middle name.

·         In May 2001, the trial court denied the motion on the ground that there is no law allowing an adopted child to use the surname of her biological mother as her middle name.

Issue:

       WoN an illegitimate child, upon adoption by her natural father, may use the surname of her natural mother as her middle name?

Held:

         Yes, since there is no law also prohibiting Stephanie, being an illegitimate child adopted by her natural father, to use her mother’s name, the Court finds no reason why she should not be allowed to do so.  The child should be permitted to use “Garcia” as her middle name for the following reasons:

a.    Use of surname is fixed by law – Art. 364-380 of the Civil Code provides the substantive rules which regulate the use of surname of an individual whatever may be his status in life (legitimate, illegitimate, adopted, married, previously married or a widow;

b.    Law is silent as to the use of middle name – There is no law regulating the use of a middle name, even the Art. 176 of the FC (as amended by RA 9255).  Notably, the law is likewise silent as to what middle name an adoptee may use.  But as correctly pointed out by the OSG, the framers of the FC recognized the Filipino custom of adding the surname of the child’s mother as his middle name as recorded in the Minutes of the Joint Meeting of the Civil Code and Family Law Committees.

c.    The underlying intent of adoption is in favor of the adopted child – Being a legitimate child by virtue of her adoption, Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and mother.

d.            Liberal construction of adoption statues in favor of adoption – It is a settled rule that adoption statues should be liberally construed to carry out the beneficent purposes of adoption.  The interests and welfare of the adopted child are primary and paramount consideration, hence, every reasonable intendment should be sustained to promote and fulfill these noble and compassionate objectives of the law.  The Art. 10 of the CC provides a necessary scale in favor of right and justice when the law is doubtful or obscure.

          Hence, the Court grants the petition and partly modifies the assailed decision, allowing Stephanie to use her mother’s surname “Garcia” as her middle name.