Alanis v CA - (GR 216-425; November 11, 2020)

 Anacleto Ballaho Alanis III v CA and Hon. Gregorio Y. Dela Peña III

(GR 216425, November 11, 2020)

Leonen, J.

Facts:

Petitioner alleged that he was born to Mario Alanis y Cimafranca and Jarmila Imelda Ballaho y Al-Raschid, and that the name on his birth certificate was "Anacleto Ballaho Alanis III."

Petitioner wished to remove his father's surname "Alanis III," and instead use his mother's maiden name "Ballaho," and change his first name from "Anacleto" to "Abdulhamid"as this was what he has been using since childhood and indicated in his school records.

Petitioner's parents have separated when he was 5 years old, and have been living separately, and the petitioner's mother has single-handedly raised him and his siblings.

Petitioner has presented pieces of evidence, such as photographs of his yearbooks, school diploma and school paper editorial staff.

Issue:

1. W/N the petitioner failed to show grave abuse of discretion on the part of the CA;

2. W/N legitimate children have the right to use their mothers' surnames as their surnames;

3. W/N petitioner has established a recognized ground for changing his (first) name.

Held: Petition is granted.

1. The Petition was filed under Rule 65 of the Rules of Court, but petitioner did not even attempt to show any grave abuse of discretion on the part of the Court of Appeals. On this ground alone, the Petition may be dismissed.

Nonetheless, in the exercise of its equity jurisdiction, this Court may choose to apply procedural rules more liberally to promote substantial justice. 

2. Contrary to the State policy, the trial court treated the surnames of petitioner's mother and father unequally.

The Regional Trial Court's application of Article 364 of the Civil Code is incorrect.

"ARTICLE 364. Legitimate and legitimated children shall principally use the surname of the father."

 Indeed, the provision states that legitimate children shall "principally" use the surname of the father, but "principally" does not mean "exclusively." This gives ample room to incorporate into Article 364 the State policy of ensuring the fundamental equality of women and men before the law, and no discernible reason to ignore it. 

Reading Article 364 of the Civil Code together with the State's declared policy to ensure the fundamental equality of women and men before the law, a legitimate child is entitled to use the surname of either parent as a last name.

3. That confusion could arise is evident.

The petition to change name was filed to avoid confusion, as petitioner has been using the name Abdulhamid Ballaho in all his records and transactions. 

The evidence presented need only be satisfactory to the court; it need not be the best evidence available.

Regardless of which name petitioner uses, his father's identity still appears in his birth certificate, where it will always be written, and which can be referred to in cases where paternity is relevant.