The principle that disallows change of name as would give the false impression of family relationship 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.
Facts: Atanacia Llaneta was married with Serafin Ferrer whom she had a child named Victoriano Ferrer. Serafin died and about four years later Atanacia had a relationship with another man out of which Teresita Llaneta, herein petitioner, was born. All of them lived with Serafin’s mother in Manila. 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.
Facts: Atanacia Llaneta was married with Serafin Ferrer whom she had a child named Victoriano Ferrer. Serafin died and about four years later Atanacia had a relationship with another man out of which Teresita Llaneta, herein petitioner, was born. All of them lived with Serafin’s mother in Manila. 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 then filed a petition for change of name from Teresita Llaneta to Teresita Llaneta Ferrer on the ground that her use thenceforth of the surname Llaneta, instead of Ferrer, which she had been using, would cause untold difficulties and confusion.
Serafin Ferrer's widowed mother, Victoria, and his two remaining brothers, Nehemias and Ruben, have come forward in earnest support of the petition. The petition was published without eliciting the slightest opposition from the relatives and friends of the late Serafin Ferrer. The State (represented by the Solicitor General's Office), likewise interposed no opposition at the trial after a searching cross-examination, of Teresita and her witnesses.
After trial, the respondent judge denied the petition on the ground that the change of name would give the false impression that Teresita is a legitimate daughter of Serafin.
Issue: Whether Teresita can have her surname changed to Ferrer.
Held: Teresita has established that she has been using the surname Ferrer for as long as she can remember. A sudden shift at this time by Teresita 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.
The principle that disallows change of name as would give the false impression of family relationship, relied by the respondent judge, 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. (Llaneta vs Agrava, GR No. 32054, May 15, 1974).
Note: The court granted the petition because Teresita was an illegitimate child. In the case of Republic vs. CA, G.R. No. 88202, December 14, 1998, the court denied the petition because the petitioner was a legitimate child. The law requires that legitimate children shall principally use the surname of their father.
