A matter of privilege, not a right

As a rule, an illegitimate child should use the surname of her mother only. But may she be allowed to use the surname of her father also? What is required before she may do so? These are the issues raised in this case of Editha.

Editha was born on Dec. 12, 1956 to Henry Lee her father who is a Chinese citizen and Martha Diaz, her mother who is a Filipino citizen. When she was born her father and mother were not legally married so her birth certificate indicates that her full name is Editha Diaz.

As she grew up and started schooling she used the name “Editha Diaz Lee” in her school records from elementary to college. Then when she was employed and got married her employment record and marriage contract also showed her name as “Editha Diaz Lee.” Even some government records indicate such name.

And so on June 19, 2010 when she was already about 54 years old Editha filed with the Regional Trial Court (RTC) in her province, a petition for correction of her name in the birth certificate by changing it from “Editha Diaz” to “Editha Diaz Lee.”

After the notice of initial hearing was published in a newspaper of general circulation, the Office of the Solicitor General (OSG) designated the Provincial Prosecutor to appear and assist the OSG in the proceedings before the RTC as the counsel for the government of the Republic of the Philippines.

After due proceedings, the RTC granted Editha’s Petition. The court ruled that from the evidence presented, said petition was filed solely to put in order Editha’s records and that changing her name in her birth certificate into Editha Diaz Lee would avoid confusion in her personal records.

But the OSG questioned this ruling. It contended that Editha, who is an illegitimate child since he was born out of wedlock failed to adduce evidence that she was duly recognized by her father which would have allowed her to use his surname. Was the OSG correct?

Yes said the Supreme Court. A change of name is a privilege and not a matter of right. A proper and reasonable cause must exist before a person may be authorized to change her name. The reason cited by Editha in support of her petition; that she has been using the name Editha Diaz Lee in all her records is not a proper and sufficient justification to grant her petition. She merely stated therein that she was born out of wedlock; she did not state that at the time of her birth either of her parents was not disqualified by any impediment to marry each other. If at the time of her birth, either of her parents had an impediment to marry the other, she may only bear the surname of her mother pursuant to Article 368 of the Civil Code. Otherwise, she may use the surname of her father if the latter acknowledged her (Gan vs. Republic, G.R. 207147, September 14, 2016).

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