Thursday, October 3, 2013

Case Digest: G. R. No. 148311. March 31, 2005

In the matter of the adoption of Stephanie Nathy Astorga Garcia. Honorato B. Catindig, petitioner

Facts: Honorato B. Catindig, filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia. He alleged that Stephanie's middle name be changed to "Garcia," her mother's surname, and that her surname be changed to "Catindig." the trial court granted the petition for adoption. Petitioner then filed for clarification and/or reconsideration praying that Stephanie should be allowed to use the surname of her biological mother as her middle name. The trial court denied petitioner's motion for reconsideration as there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name.

Issue: Whether an illegitimate child may use the surname of her mother as her middle name when she is subsequently adopted by her natural father.

Ruling: There is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mother's surname. The court finds no reason why she should not be allowed to do so.

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