IN THE MATTER OF ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA (Civil Law Review 1)

[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, herein petitioner, filed a petition to adopt his minor illegitimate child Stephanie Nathy Astorga Garcia. He alleged therein, among others, that Stephanie was born on June 26, 1994; that her mother is Gemma Astorga Garcia; that Stephanie has been using her mother's middle name and surname; and that he is now a widower and qualified to be her adopting parent. He prayed that Stephanie's middle name Astorga be changed to "Garcia," her mother's surname, and that her surname "Garcia" be changed to "Catindig," his surname.

The trial court rendered the assailed Decision granting the adoption.

WHEREFORE, the minor shall be known as STEPHANIE NATHY CATINDIG.

Petitioner filed a motion for clarification and/or reconsideration praying that Stephanie should be allowed to use the surname of her natural mother (GARCIA) as her middle name.

The trial court denied petitioner's motion for reconsideration holding that there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name.

Hence, the present petition.

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:

YES. 

The Republic, through the Office of the Solicitor General (OSG), agrees with petitioner that Stephanie should be permitted to use, as her middle name, the surname of her natural mother for the following reasons:

First, it is necessary to preserve and maintain Stephanie's filiation with her natural mother because under Article 189 of the Family Code, she remains to be an intestate heir of the latter. Thus, to prevent any confusion and needless hardship in the future, her relationship or proof of that relationship with her natural mother should be maintained.

Second, there is no law expressly prohibiting Stephanie to use the surname of her natural mother as her middle name. What the law does not prohibit, it allows.

Last, it is customary for every Filipino to have a middle name, which is ordinarily the surname of the mother.

Notably, the law is likewise silent as to what middle name an adoptee may use.