Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1965 > November 1965 Decisions > G.R. No. L-22040 November 29, 1965 - YU CHI HAN v. REPUBLIC OF THE PHIL.:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. L-22040. November 29, 1965.]

YU CHI HAN, Petitioner-Appellant, v. REPUBLIC OF THE PHILIPPINES, Oppositor-Appellee.

Catis Law Office for Petitioner-Appellant.

Solicitor General for Oppositor-Appellee.


SYLLABUS


1. CHANGE OF NAME; WHEN CAN A PERSON CHANGE HIS NAME. — A change of name is a privilege and not a matter of right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry he must show proper or reasonable cause, or any compelling reason which may justify such change. Otherwise, the request should be denied (Ong Peng Oan v. Republic, L-8035, November 29, 1957). In the case at bar, petitioner has not shown request for a change of name.

2. ID.; ID.; PROPER AND REASONABLE CAUSES FOR CHANGE OF NAME. — The following may be considered, among others, as proper and reasonable causes that may warrant the grant of a petition for change of name: (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated; and (3) when the change is necessary to avoid confusion (Tolentino, Civil Code of the Philippines, 1953 ed., Vol. I, p. 680).


D E C I S I O N


BAUTISTA ANGELO, J.:


Before the Court of First Instance of Basilan City petitioner sought to change his name from Yu Chi Han to Alejandro Go Yu. He alleged that when he was born he was given the name of Yu Chi Han; that since his birth, however, he was called by the name of Alejandro and in the schools he attended he was known as Alejandro Yu; that on October 29, 1961, he was baptized in accordance with the Catholic rites and was given the name of Alejandro Go Yu; and that in order to avoid confusion and to comply with the requirement of his newly acquired Catholic faith, he desires that his name be changed from Yu Chi Han to Alejandro Go Yu.

After hearing, the court denied the petition stating that it finds no compelling reason to grant the request that petitioner’s name be changed from Yu Chi Han to Alejandro Go Yu. In the opinion of the court, to change the name as requested would only cause more confusion because petitioner is known in the community not only as Alejandro Go Yu but as Yu Han which is the name given him in the civil registry.

Petitioner interposed the present appeal.

This Court has already had the occasion to express the view that the State has an interest in the names borne by individuals and entities for purposes of identification and that a change of name is a privilege and not a matter of right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry he must show proper or reasonable cause, or any compelling reason which may justify such change. Otherwise, the request should be denied (Ong Peng Oan v. Republic, L-8035, November 29, 1957). The following may be considered, among others, as proper and reasonable causes that may warrant the grant of a petition for change of name: (1) when the name is ridiculous, tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated; and (3) when the change is necessary to avoid confusion (Tolentino, Civil Code of the Philippines, 1953 ed., Vol. I, p. 660).

Petitioner has not known any proper or compelling reason that may justify the request for a change of name other than his desire to continue using the name of Alejandro Go Yu given him after his birth or after his baptism in his dealing in the community or in the schools he has attended. There is really nothing in the record to explain why after having been given the name of Yu Chi Han in his birth certificate he should immediately thereafter be given the name of Alejandro or Alejandro Go Yu particularly when he embraced the Catholic faith and was baptized in accordance with the Catholic rites. But the fact is that his true name is Yu Chi Han as may be seen from his alien certificate or registration, the certification Exhibit C issued by the Zamboanga Chinese High School, a similar certificate issued by the Ateneo de Zamboanga, his income tax return, and the several certificates of clearance issued to him upon his request by different agencies of our government. It appears, therefore, that the confusion alluded to by petitioner, if any, is mainly due to his unauthorized use of a name other than his true name on several important occasions. This situation, however, can easily be remedied by merely asking his friends and business associates to call him simply Yu Chi Han instead of asking for a judicial authority to change his name. His instant petition does not come under any of the cases which may warrant the grant of a petition for change of name as above adverted to.

WHEREFORE, the decision appealed from is affirmed, with costs against petitioner.

Bengzon, C.J., Concepcion, Reyes, J.B.L., Dizon, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.




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