[G.R. No. 97906.

May 21,
1992.]REPUBLI
C OF TE
PILIPPINES,
petitioner, vs.
COURT OF
APPEALS a!"
MA#IMO $ONG,
respondents.
PONENTE%
REGALA&O,
J.:

FACTS%

Maximo Wong
petitioned for the
change of his

name to Maximo
lcala, Jr. !hich !
as his name prior
to his adoption by
"oong Wong and
#oncepcion $y
Wong.

Maximo Wong is
the legitimate son
of Maximo
lcala, %r. and
%eg&ndina '.
lcala.

%iblings
Maximo lcala,
Jr. () * years old+

and Margaret
lcala ( years
old+ !ere adopted
by "oong Wong
and #oncepcion
$y Wong
(nat&rali-ed
ilipino citiens+ !ith the
consent of their
parents.

"oong Wong, no!

deceased, !as an
ins&rance
agent !hile
#oncepcion $y
Wong !as a high

school teacher.
$hey decided to
adopt the
children as they
remained
childless after
/fteen years of
marriage.
$he co&ple sho!
ered their
adopted
children !ith
parental love and
reared them as
their o!n
children.

Maximo Wong
()) years old+
then married and
a 0&nior
ngineering
st&dent at Notre
Dame 2niversity,
#otabato #ity,
/led a petition to
change his name
to Maximo
lcala, Jr.

isolated him
from his relatives
and friends, as
the same
s&ggests a
#hinese
ancestry !hen in
tr&th and in fact
he is a M&slim
ilipino residing
in a M&slim
comm&nity,

3t !as averred
that his &se of
the s&rname
Wong
embarrassed and

he !ants to erase
any implication !
hatsoever of
alien nationality4
o

that he is being
ridic&led for
carrying a
#hinese
s&rname, th&s
hampering his
b&siness and
social life4
o

and that his

adoptive mother
does not oppose
his desire to
revert to his
former s&rname.

5$# 5&ling:
5&led in the

35M$3
6 (having
complied !ith the
necessary
re7&isites+

8%9 appealed
the decision

# 5&ling:
35MD
5$# decision in
f&ll

8%9s
#ontentions:
o

Maximo;s
allegations of
ridic&le and<or

isolation from
family and
friends !ere
&ns&bstantiated
and cannot
0&stify the
petition for
change of name.
o

or Maximo to
cast aside the
name of his
adoptive father is
crass ingratit&de
to the memory of
the latter and his
adoptive
mother !ho is still

alive, despite her

consent to the
petition for
change of name.
o

$he reversion of
Maximo Wong to
his old name
violates rticles
=>1 and =?@ of
the #ivil #ode, !
hich re7&ires an
adoptive child to
&se the s&rname
of the adopter,
and !o&ld
identify him !ith
his parents by

nat&re, th&s
giving the
impression that
he has severed
his relationship !
ith his adoptive
parents.

Maximo ref&tes
these saying:
o

he did as the la!

re7&ired (&sed
the s&rname of
the adopter+
o

Aeing already
emancipated, he
can no! decide !

hat is best for

and by himself.
3t is at this time
that he reali-ed
that the #hinese
name he carries
ca&ses him
&nd&e ridic&le
and
embarrassment
and aBects his
b&siness and
social life.
o

"is adoptive
mother, being a!
are of his
predicament,

gave her consent

to the petition for
change of name,
albeit maCing it
clear that the
same shall in no !
ay aBect the
legal adoption,
and even &nder!
ent the rigors of
trial to
s&bstantiate her
s!orn statement.
o

3f his adoptive
mother does not
taCe oBense nor
feel any

resentment,
abhorrence or
insec&rity abo&t
his desire to
change his name,
Maximo avers
that there can be
no possible
pre0&dice on
her, m&ch less
the %tate.
ISSUE%
Whether or not
Maximo Wong
may legally
change his name

to Maximo
lcala, Jr.
EL&%
'%. Maximo
Wong may
legally change
his name to
Maximo lcala,
Jr.
RATIO
&ECI&EN&I%
#hange of name
is a privilege,
given the proper
or reasonable
ca&se or

compelling
reason.

%#: We are
g&ided by the
0&rispr&dential
dict&m that the
%tate has an
interest in the
names borne by
individ&als and
entities for the
p&rpose of
identi/cation, and
a change of name
is not a matter of
right b&t of
so&nd 0&dicial

discretion, to be
exercised in the
light of reasons
add&ced and the
conse7&ences
that !ill liCely
follo!4
'( ') a *+''-/
' 3ay 4
/+a!("o!-y 5*o!
a )o'!/ o a
*+o*+ o+
+a)o!a4-
a5) o+
o3*--'!/
+a)o!
(+o+.

%#: We /nd
&nacceptable the
assertion of the
%ol9en that
Maximo;s
allegationof
ridic&le and
embarrassment
d&e to the &se
of his present
s&rname is
&ns&bstantiated.

mong the
gro&nds for
change of name !
hich have been
held valid are:

(a+ When the

name is
ridic&lo&s,
dishonorable or
extremely
dic&lt to !rite
or prono&nce4
(b+ When the
change res&lts as
a legal
conse7&ence, as
in
legitimation4 (c+
When the change
!ill avoid
conf&sion4 (d+
"aving

contin&o&sly
&sed and been
Cno!n since
childhood by a
ilipino name,
&na!are of her
alien parentage4
(e+ sincere
desire to adopt a
ilipino name to
erase signs of
former alienage,
all in good faith
and !itho&t
pre0&dicing
anybody4 and

 $!
( )5+!a3
a5)) 34a+
+a))3!( a!"
(+ ') !o )
o'!/
(a( (
")'+"
a!/ o !
a3 a) o+ a
+a5"5-!
( *5+*o) o+
(a( (
a!/ o !
a3 o5-"
*+5"'
*54-' '!

(+)(.

While it is tr&e
that the stat&tory
/at &nder
rticle =?@ of
the #ivil #ode is
to the eBect that
an adopted child
shall bear the
s&rname of the
adopter, it
m&stnevertheles
s be borne in
mind that the
change of the
s&rname of the
adopted child is

more an incident
rather than the
ob0ect of
adoption
proceedings.

RULING%
# 5&ling is
35MD
in toto