Llaneta vs. Agrava
GR No. 32054, May 15, 1974
Facts: Atanacia Llaneta was married with Serafin Ferrer whom she had a child named Victoriano Ferrer. Serafin died and about four years later Atanacia had a relationship with another man out of which Teresita Llaneta, herein petitioner, was born. All of them lived with Serafin’s mother in Manila. Teresita was raised in the household of the Ferrer’s using the surname of Ferrer in all her dealings throughout her schooling. When she was 21 years old, she applied for a copy of her birth certificate in Sorsogon as it is required to be presented in connection with a scholarship grant. It was then that she discovered that her registered surname was Llaneta and that she was the illegitimate child of Atanacia and an unknown father.
She then filed a petition for change of name from Teresita Llaneta to Teresita Llaneta Ferrer on the ground that her use thenceforth of the surname Llaneta, instead of Ferrer, which she had been using, would cause untold difficulties and confusion. After trial, the respondent judge denied the petition on the ground that the change of name would give the false impression that Teresita is a legitimate daughter of Serafin.
Issue: Whether Teresita can have her surname changed to Ferrer.
Held: Yes. The petitioner has established that
she has been using the surname Ferrer for
as long as she can remember; that all her records in
school and elsewhere, put her name down as Teresita Ferrer; that her
friends and associates know her only as Teresita Ferrer; and that even the
late Serafin Ferrer's nearest of kin have tolerated and still approve of her
use of the surname Ferrer. Indeed, a sudden shift at this time by
the petitioner to the name of Teresita Llaneta (in order to conform to that
appearing in the birth certificate) would result in confusion among the
persons and entities she deals with and entail endless and
vexatious explanations of the circumstances of her new name.
The principle that disallows change of name as would give the false impression of family relationship, relied by the respondent judge, remains valid but only to the extent that the proposed change of name would in great probability cause prejudice or future mischief to the family whose surname it is that is involved or to the community in general. In the case at bar, however, the late Serafin Ferrer's widowed mother, Victoria, and his two remaining brothers, Nehemias and Ruben, have come forward in earnest support of the petition. Adequate publication of the proceeding has not elicited the slightest opposition from the relatives and friends of the late Serafin Ferrer. The State (represented by the Solicitor General's Office), which has an interest in the name borne by every citizen within its realm for purposes of identification, interposed no opposition at the trial after a searching cross-examination, of Teresita and her witnesses. It is beyond cavil that those living who possess the right of action to prevent the surname Ferrer from being smeared are proud to share it with Teresita.
