RA 9048

RA NO. 9048 Case No. 1 Ponente: Tinga IN RE: PETITION FOR CHANGE OF NAME AND/OR CORRECTION/CANCELLATION OF ENTRY IN CIVIL REGISTRY OF JULIAN LIN CARULASAN WANG also known as JULIAN LIN WANG, to be amended/corrected as JULIAN LIN WANG. Facts: -Petitioner sought to drop his middle name and have his registered name changed from Julian Lin Carulasan Wang to Julian Lin Wang because in Singapore middle names or the maiden surname of the mother are not carried in a person's name, the parents of the petitioner anticipate that Julian Lin Carulasan Wang will be discriminated against because of his current registered name which carries a middle name. Julian and his sister might also be asking whether they are brother and sister since they have different surnames. And Carulasan sounds funny in Singapore's Mandarin language since they do not have the letter "R" but if there is, they pronounce it as "L." – -The RTC rendered a decision denying the petition. The trial court found that the reason given for the change of name sought in the petition—that is, that petitioner Julian may be discriminated against when studies in Singapore because of his middle name—did not fall within the grounds recognized by law. The trial court ruled that the change sought is merely for the convenience of the child. Since the State has an interest in the name of a person, names cannot be changed to suit the convenience of the bearers. – -Petitioner filed a motion for reconsideration of the decision but this was denied. Petitioner then filed this Petition for Review on Certiorari arguing that the trial court has decided a question of substance not theretofore determined by the Court, that is: whether or not dropping the middle name of a minor child is contrary to Article 174of the Family Code. Petitioner contends that "[W]ith globalization and mixed marriages, there is a need for the Supreme Court to rule on the matter of dropping of family name for a child to adjust to his new environment, for consistency and harmony among siblings, taking into consideration the "best interest of the child." It is argued that convenience of the child is a valid reason for changing the name as long as it will not prejudice the State and others. Issue: Whether or not the petition to drop the middle name should be granted. Held: No. The petition to drop the middle name should not be granted. A name is said to have the following characteristics: (1) It is absolute, intended to protect the individual from being confused with others. (2) It is obligatory in certain respects, for nobody can be without a name. (3) It is fixed, unchangeable, or immutable, at least at the start, and may be changed only for good cause and by judicial proceedings. (4) It is outside the commerce of man, and, therefore, inalienable and intransmissible by act inter vivos or mortis causa. (5) It is imprescriptible. This citation does not make any reference to middle names, but this does not mean that middle names have no practical or legal significance. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has. Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The Family Code gives legitimate children the right to bear the surnames of the father and the mother,while illegitimate children shall use the surname of their mother, unless their father recognizes their filiation, in which case they may bear the father's surname. Applying these laws, an illegitimate child whose filiation is not recognized by the father bears only a given name and his mother's surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he bears both his mother's surname as his middle name and his father's surname as his surname, reflecting his status as a legitimated child or an acknowledged illegitimate child. Accordingly, the registration in the civil registry of the birth of such individuals requires that the middle name be indicated in the certificate. The registered name of a legitimate, legitimated and recognized illegitimate child thus contains a given or proper name, a middle name, and a surname. In the case at bar, the only reason advanced by petitioner for the dropping his middle name is convenience. However, how such change of name would make his integration into Singaporean society easier and convenient is not clearly established. That the continued use of his middle name would cause confusion and difficulty does not constitute proper and reasonable cause to drop it from his registered complete name.

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Transcript of RA 9048

RA NO. 9048 Case No. 1 Ponente: TingaIN RE: PETITION FOR CHANGE OF NAME AND/OR CORRECTION/CANCEATION OF ENTR! IN CI"I REGI#TR! OF $%IAN IN CAR%A#AN &ANG a'so (no)n as $%IAN IN &ANG* to +e a,en-e-/.o//e.te- as $%IAN IN &ANG.Fa.ts: 0Petitione/ so1g2t to -/o3 2is ,i--'e na,e an- 2a4e 2is /egiste/e- na,e .2ange- 5/o, $1'ian in Ca/1'asan &ang to $1'ian in &ang +e.a1se in #inga3o/e ,i--'e na,es o/ t2e ,ai-en s1/na,e o5 t2e ,ot2e/ a/e not .a//ie- in a 3e/son6s na,e* t2e 3a/ents o5 t2e 3etitione/ anti.i3ate t2at $1'ian in Ca/1'asan &ang )i'' +e -is./i,inate- against +e.a1se o5 2is .1//ent /egiste/e- na,e )2i.2 .a//ies a ,i--'e na,e. $1'ian an- 2is siste/ ,ig2t a'so +e as(ing )2et2e/ t2e7 a/e +/ot2e/ an- siste/ sin.e t2e7 2a4e -i55e/ent s1/na,es. An- Ca/1'asan so1n-s 51nn7 in #inga3o/e6s Man-a/in 'ang1age sin.e t2e7 -o not 2a4e t2e 'ette/ 8R8 +1t i5 t2e/e is* t2e7 3/ono1n.e it as 8.89 0T2e RTC /en-e/e- a -e.ision -en7ing t2e 3etition. T2e t/ia' .o1/t 5o1n- t2at t2e /eason gi4en 5o/ t2e .2ange o5 na,e so1g2t in t2e 3etition:t2at is* t2at 3etitione/ $1'ian ,a7 +e -is./i,inate- against )2en st1-ies in #inga3o/e +e.a1se o5 2is ,i--'e na,e:-i- not 5a'' )it2in t2e g/o1n-s /e.ogni;e- +7 'a). T2e t/ia' .o1/t /1'e- t2at t2e .2ange so1g2t is ,e/e'7 5o/ t2e .on4enien.e o5 t2e .2i'-. #in.e t2e #tate 2as an inte/est in t2e na,e o5 a 3e/son* na,es .annot +e .2ange- to s1it t2e .on4enien.e o5 t2e +ea/e/s. 9 0Petitione/ 5i'e- a ,otion 5o/ /e.onsi-e/ation o5 t2e -e.ision +1t t2is )as -enie-. Petitione/ t2en 5i'e- t2is Petition 5o/ Re4ie) on Ce/tio/a/i a/g1ing t2at t2e t/ia' .o1/t2as -e.i-e- a &?it2 g'o+a'i;ation an- ,i@e- ,a//iages* t2e/e is a nee- 5o/ t2e #13/e,e Co1/t to /1'e on t2e ,atte/ o5 -/o33ing o5 5a,i'7 na,e 5o/ a .2i'- to a-A1st to 2is ne) en4i/on,ent* 5o/ .onsisten.7 an- 2a/,on7 a,ong si+'ings* ta(ing into .onsi-e/ation t2e 8+est inte/est o5 t2e .2i'-.8 It is a/g1e- t2at .on4enien.e o5 t2e .2i'- is a 4a'i- /eason 5o/ .2anging t2e na,e as 'ong as it )i'' not 3/eA1-i.e t2e #tate an- ot2e/s.Iss1e: &2et2e/ o/ not t2e 3etition to -/o3 t2e ,i--'e na,e s2o1'- +e g/ante-.He'-: No. T2e 3etition to -/o3 t2e ,i--'e na,e s2o1'- not +e g/ante-. A na,e is sai- to 2a4e t2e 5o''o)ing .2a/a.te/isti.s: B1C It is a+so'1te* inten-e- to 3/ote.t t2e in-i4i-1a'5/o, +eing .on51se- )it2 ot2e/s. BDC It is o+'igato/7 in .e/tain /es3e.ts* 5o/ no+o-7 .an +e )it2o1t a na,e. BEC It is 5i@e-* 1n.2angea+'e* o/ i,,1ta+'e* at 'east at t2e sta/t* an- ,a7 +e .2ange- on'7 5o/ goo- .a1se an- +7 A1-i.ia' 3/o.ee-ings. B4C It is o1tsi-e t2e .o,,e/.e o5 ,an* an-* t2e/e5o/e* ina'iena+'e an- int/ans,issi+'e +7 a.t inte/ 4i4os o/ ,o/tis .a1sa. BFC It is i,3/es./i3ti+'e.T2is .itation -oes not ,a(e an7 /e5e/en.e to ,i--'e na,es* +1t t2is -oes not ,ean t2at ,i--'e na,es 2a4e no 3/a.ti.a' o/ 'ega' signi5i.an.e. Mi--'e na,es se/4eto i-enti57 t2e ,ate/na' 'ineage o/ 5i'iation o5 a 3e/son as )e'' as 51/t2e/ -isting1is2 2i, 5/o, ot2e/s )2o ,a7 2a4e t2e sa,e gi4en na,e an- s1/na,e as 2e 2as.O1/ 'a)s on t2e 1se o5 s1/na,es state t2at 'egiti,ate an- 'egiti,ate- .2i'-/en s2a'' 3/in.i3a''7 1se t2e s1/na,e o5 t2e 5at2e/. T2e Fa,i'7 Co-e gi4es 'egiti,ate .2i'-/en t2e /ig2t to +ea/ t2e s1/na,es o5 t2e 5at2e/ an- t2e ,ot2e/*)2i'e i''egiti,ate .2i'-/en s2a'' 1se t2e s1/na,e o5 t2ei/ ,ot2e/* 1n'ess t2ei/ 5at2e/ /e.ogni;es t2ei/ 5i'iation* in )2i.2 .ase t2e7 ,a7 +ea/ t2e 5at2e/6s s1/na,e. A33'7ing t2ese 'a)s* an i''egiti,ate .2i'- )2ose 5i'iation is not /e.ogni;e- +7 t2e 5at2e/ +ea/s on'7 a gi4en na,e an- 2is ,ot2e/6s s1/na,e* an- -oes not 2a4e a ,i--'e na,e. T2e na,e o5 t2e 1n/e.ogni;e- i''egiti,ate .2i'- t2e/e5o/e i-enti5ies 2i, as s1.2. It is on'7 )2en t2e i''egiti,ate .2i'- is 'egiti,ate- +7 t2e s1+se