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IN MATTER OF ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA RATO B. CATINDIG

FACTS:

The petitioner, Honorato B. Catindig, filed a petition to adopt his minor illegitimate child, Stephanie Nathy Astorga Garcia. In his petition, he requested that Stephanie's middle name be changed to "Garcia," her mother's surname, and her surname be changed to "Catindig," his surname. The trial court granted the adoption and changed Stephanie's surname to Catindig. However, petitioner filed a motion for clarification and/or reconsideration, requesting that Stephanie be allowed to use the surname of her natural mother (Garcia) as her middle name. The trial court denied the motion, stating that there is no law or jurisprudence allowing an adopted child to use the surname of the biological mother as their middle name. Petitioner filed a petition raising the issue of whether an illegitimate child may use the surname of their mother as their middle name when adopted by the natural father. Petitioner argued that Stephanie should be allowed to use her mother's surname as her middle name to preserve her filiation with her natural mother and to comply with the customary practice of Filipinos to have the surname of the mother as their middle name. The Republic, represented by the Office of the Solicitor General, agreed with petitioner's arguments.

ISSUES:

  1. Whether an illegitimate child may use the surname of her natural mother as her middle name upon being adopted by her natural father.

RULING:

  1. Yes, the illegitimate child may use the surname of her natural mother as her middle name upon being adopted by her natural father. The Court held that there is no law prohibiting this practice, and it aligns with Filipino customs that recognize the mother's surname as the middle name. Furthermore, it serves the best interest of the child by maintaining maternal lineage and avoiding the stigma of illegitimacy.

PRINCIPLES:

  • Statutory Interpretation: In the absence of specific legal provisions, laws are to be interpreted liberally in favor of achieving justice and benefitting the child.

  • Doctrine of Equity and Justice: The child’s best interest and welfare are paramount in legal adoption processes.

  • Custom and Tradition: Filipino customs support the use of the mother's surname as the middle name.

  • Liberal Construction of Adoption Statutes: Adoption statutes should be liberally construed to carry out their beneficent purposes.

  • Intestate Succession: The adoptee remains an intestate heir of his/her biological parents, allowing continuity of maternal lineage.