In the Philippines, a name is more than just a label; it is a civil status tied to lineage, succession, and identity. When a parent—most commonly the father—abandons a child, the custodial parent often seeks to drop the absconding parent’s surname to reflect the child’s actual domestic reality. However, Philippine law maintains a strict "continuing identity" principle, making this process more complex than a simple administrative update.
1. The Governing Laws and Jurisprudence
The primary statutes governing names and parental authority include:
- The Civil Code of the Philippines (Articles 364-380): Outlines the rules on surnames based on legitimacy.
- The Family Code of the Philippines: Defines parental authority and the rights of children.
- Republic Act No. 9255: Allows illegitimate children to use the father's surname if acknowledged, but also provides the mechanism for returning to the mother’s surname.
- Rule 103 of the Rules of Court: Governs the judicial petition for a change of name.
2. Grounds for Changing a Child’s Surname
The Supreme Court has consistently ruled that a change of name is a privilege, not a right. Abandonment by the father is a frequently cited reason, but it must meet specific legal thresholds. Valid grounds generally include:
- When the name is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce.
- When the change is necessary to avoid confusion.
- When the child has been continuously used a different surname and is known by it in the community.
- When the change is a legal consequence of a change in status (e.g., legitimation or adoption).
Note: Mere "abandonment" or "non-support" by the father is often, by itself, insufficient grounds for a name change if the child is legitimate. The courts prioritize the "best interest of the child" over the emotional grievances of the custodial parent.
3. Legitimate vs. Illegitimate Children
The legal path depends heavily on the child's status at birth:
Legitimate Children
Under Article 364 of the Civil Code, legitimate children shall principally use the surname of the father. Even if the father abandons the family, the child remains "legitimate." The Philippine Supreme Court (e.g., in the case of Wang v. Cebu City Registrar) has held that the father’s abandonment does not dissolve the legal tie of the surname, as the name indicates the child's filiation.
Illegitimate Children
Under R.A. 9255, illegitimate children generally use the mother's surname unless the father expressly recognizes paternity. If the father recognized the child but later abandoned them, the mother may petition to revert the child’s surname to her own, especially if the father's name causes the child confusion or psychological distress.
4. The Judicial Process (Rule 103)
A petition to change a surname due to abandonment is a special proceeding that must be filed in the Regional Trial Court (RTC) of the province where the child resides.
Step-by-Step Procedure:
- Filing the Petition: The petition must be verified and state the cause for the change of name.
- Order for Hearing: The court sets a hearing and orders the publication of the petition.
- Publication: The petition must be published in a newspaper of general circulation once a week for three consecutive weeks. This notifies the public and the State (represented by the Office of the Solicitor General).
- The Hearing: The petitioner must prove that the change of name is not for fraudulent purposes and is in the child’s best interest.
- Judgment: If granted, the court issues a decree which must be registered with the Local Civil Registry.
5. The "Best Interest of the Child" Standard
In recent years, Philippine jurisprudence has shifted slightly toward a more child-centric approach. If the petitioner can prove that keeping the surname of an abandoning father causes severe psychological trauma or hinders the child's development, the court may exercise its discretion to grant the petition.
However, the courts remain wary of "severing" the name-link to the father because it might affect the child’s hereditary rights. A child can still inherit from an abandoning father; changing the surname does not legally end the father-child relationship, but it can make proving that relationship more difficult in future succession cases.
6. Summary Comparison
| Factor | Legitimate Child | Illegitimate Child |
|---|---|---|
| Primary Surname | Father's Surname | Mother's Surname (unless acknowledged) |
| Ease of Change | Very Difficult (Strictly regulated) | Easier (Under R.A. 9255 or Rule 103) |
| Main Legal Hurdle | Article 364 mandatory language | Proving the benefit of using the mother's name |
| Venue | RTC (Regional Trial Court) | RTC or Local Civil Registry (if clerical) |
7. Crucial Evidence for the Petition
To succeed in a petition based on abandonment, the following evidence is typically required:
- Affidavits from teachers, neighbors, or relatives confirming the father’s long-term absence.
- School Records or Diplomas showing the child is already known by the mother's surname.
- Psychological Evaluation showing that the use of the father's surname causes the child distress or identity confusion.
- Proof of Non-Support (while not a standalone ground, it bolsters the claim of total abandonment).