Adoption of Stephanie Nathy Astorga Garcia (Petitioner Honorato Catindig) – GR 148311, 03/31/05 –

Sandoval-Gutierrez, J.

Facts: Aug 31 ’00 Catindig filed a petition to adopt his minor illegitimate child Stephanie Garcia. He alleged
she was born on Jun 26 ’94 and her mother is Gemma Astorga Garcia. Stephanie is using her mother’s
middle and surname. Cantindig states he is a widower and qualified to be her adopting parent. He wants
to change Stephanie’s middle name to Garcia and her last name to be Catindig.

Mar 23 ’01 RTC ruled that Catinding is qualified to be an adoptive parent and granted that Stephanie’s
name be changed to Stephanie Nathy Catindig as the requirements of Art 35 PD 603 dictates. On Apr 20
’01, Catindig moved for clarification/reconsideration for Stephanie to use Garcia as her middle name
which the RTC denied saying there is no law or jurisprudence in allowing an adopted chilled to use the
surname of her biological mother as her middle name. This led to Catindig to file with the SC.

The OSG agreed with Catindig stating that it is necessary to preserve Stephanie’s filiation with her mother
as she is an intestate heir under Art 189 FC. This should prevent any confusion regarding her relationships.
Secondly, there is no law expressly prohibiting Stephanie from using her mother’s surname as her middle
name. What the law does not prohibit, it allows.

Lastly, it is customary for a Filipino to have a middle name; usually the mother’s surname. This custom is
recognized by CC and FC. Additionally, Family Law Committees agree to this.

Names have 2 parts; given/proper name to distinguish the individual at birth and the surname to identify
belonging to family and relationship with parents. The given name is freely decided by parents while
surname is regulated by 364-380 CC. The Law is silent on the use of Middle Names. Even RA 9225 "An Act
Allowing Illegitimate Children to Use the Surname of Their Father," is silent on middle names.

Issue: May an illegitimate child, upon adoption by her natural father, use her natural mother’s surname
as her middle name?

Held: Yes, there is no law prohibiting an illegitimate child from using her mother’s surname. The court
finds no reason to prohibit her. Petition granted and RTC decision modified to include “Garcia” as middle
name

The underlying intent of adoption is in a favor of the adopted child. Adoption is a juridical act where a
child is accorded the general rights of a legitimate child. Adoption endows a child with legitimate status.
RA 8552 “Domestic Adoption Act 1998” secures these rights and privileges for the adopted

Liberal construction of adoption statutes must be in favor of adoption. Liberal construction is required
because adoption statutes are simply humane and salutary with the adopted child’s welfare and interests
in mind. Art 10 CC "In case of doubt in the interpretation or application of laws, it is presumed that the
lawmaking body intended right and justice to prevail."
Art 189 FC: Adoption shall have the following effects:

1. For civil purposes, the adopted shall be deemed to be a legitimate child of the adopters and both
shall acquire the reciprocal rights and obligations arising from the relationship of parent and child,
including the right of the adopted to use the surname of the adopters;
2. The parental authority of the parents by nature over the adopted shall terminate and be vested
in the adopters, except that if the adopter is the spouse of the parent by nature of the adopted,
parental authority over the adopted shall be exercised jointly by both spouses;
3. The adopted shall remain an intestate heir of his parents and other blood relatives.