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REPUBLIC v. TRINIDAD R.A. CAPOTE

FACTS:

Respondent Trinidad R. A. Capote filed a petition for change of name of her ward, Giovanni N. Gallamaso, to Giovanni Nadores. She was appointed as Giovanni's guardian ad litem and she stated that both she and Giovanni are Filipino citizens and residents of San Juan, Southern Leyte. The petition for change of name was authorized by a court order in Special Proceeding No. R-459. Both respondent and Giovanni have been residing in San Juan, Southern Leyte for more than fifteen years. Giovanni is the illegitimate child of Corazon P. Nadores and Diosdado Gallamaso, and he has been known by his father's surname since birth. However, his father failed to fulfill his responsibilities towards him. Giovanni desires to change his surname to his mother's surname because it may complicate his status as a natural child if he joins his mother in the United States. Respondent prayed for an order directing the local civil registrar to effect the change of name on Giovanni's birth certificate. The trial court granted due course to the petition and ordered the change of name. The Republic of the Philippines, through the Office of the Solicitor General, filed an appeal, arguing that the court erred in granting the petition in a summary proceeding. The Court of Appeals affirmed the trial court's decision and the Republic filed a petition for review on certiorari seeking to set aside the CA decision.

Note: This is only a partial digest and only includes the section on "FACTS."

ISSUES:

  1. Whether the non-joinder of alleged indispensable parties in the action before the lower court warrants the denial of the petition for change of name.

  2. Whether the proceedings were sufficiently adversarial.

RULING:

  1. The Supreme Court denied the petition and affirmed the decision of the lower court. The Court ruled that the non-joinder of alleged indispensable parties does not warrant the denial of the petition for change of name. The Court also ruled that the proceedings were sufficiently adversarial.

PRINCIPLES:

  • No person can change his or her name or surname without judicial authority. Any change of name or surname must be done through a formal legal process and with the involvement of the State. The name of an individual affects their identity, interests, and interactions.

  • The requirements and procedure for change of name are covered by Rule 103 of the Rules of Court, which is a separate and distinct proceeding from Rule 108 that deals with the cancellation and correction of entries in the civil registry.

  • The non-joinder of alleged indispensable parties in a petition for change of name does not necessarily warrant the denial of the petition. The nature of the proceedings, whether they were sufficiently adversarial, is a determining factor in assessing the validity of the petition.