LEGAL OPINION MS. MELANIE P. GAMBOA 35 Craig St. Sampaloc, Manila Dear Ms.

Gamboa: We respond to your request for legal opinion regarding whether or not you may, as guardian of Paula Perez Cortes (Paula Cortes), institute legal proceedings for the change of her surname from Cortes to Perez. The Facts We understand that Paula Cortes is the illegitimate daughter of your sister, Maricel Abrogar Perez (Maricel Perez), and her then college boyfriend, William Cortes (William Cortes). During Maricel Perez pregnancy and for sometime after the birth of Paula Cortes, William Cortes constantly visited mother and child and even provided support in the form of financial assistance. All visitation and support, however, ceased after William Cortes returned to Zamboanga and, thereafter, attempts to contact him by phone and through mail have proved futile. We understand further that William Cortes appears as the father of Paula Cortes in her birth certificate as well as in all her school records. Growing up, however, Paula Cortes experienced embarrassment in having to explain why her surname is different from that of her mother. At present, we understand that Maricel Perez is in the U.S. and desires to petition Paula Cortes for immigration. For this purpose, Maricel Perez believes it would facilitate the process if Paula Cortes name were changed to Paula Abrogar Perez as this would easily identify her filiation with Maricel Perez. In addition, given that William Cortes has apparently abandoned Paula Cortes, Maricel Perez would like Paula Cortes to have nothing to do with her putative father. Issues Based on the foregoing facts, you require a legal opinion regarding whether or not there is sufficient cause to cause the change Paula Cortes surname from Cortes to Perez. In this regard, there appears to be three (3) possible causes for such change of name, namely: (i) the embarrassment caused to Paula Cortes by reason of her use of her putative fathers surname; (ii) the fact that the change in surname will facilitate her mothers petition for immigration; and (iii) Maricel Perez desire to cut ties between Paula Cortes by reason of William Cortes alleged abandonment. Our Opinion We are of the view that there is sufficient cause to change Paula Cortes surname from Cortes to Perez by reason of (i) the embarrassment caused to Paula Cortes due to her use of her putative fathers surname; and (ii) the fact that the change in her surname would facilitate her mothers petition for immigration. A petition for change in surname falls under Rule 103 of the Rules of Court (Change of Name) and one of the requisites for the filing of a petition for a change of name is that such petition must set forth the cause for which the change of the petitioners name is sought

(See, Section 2 (c) of Rule 103, Rules of Court). In this regard, the Supreme Court has ruled that, before a person can be authorized to change his name, he must show proper or reasonable cause, or any compelling reason which may justify such change and that he will be prejudiced by the use of his true and official name. Among the grounds for a change of name, which the Supreme Court has recognized as valid, is when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest (See, In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang, G.R. no. 159966, March 30, 2005, 454 SCRA 155). Applying the foregoing to the facts of this case, it appears that Paula Cortes has experienced embarrassment because of her use of her fathers surname as it has highlighted her status as an illegitimate child. She continues to experience such embarrassment each time she has to explain to other people the difference in her surname as compared to her mothers surname. It would, therefore, be in the best interest of Paula Cortes to simply use her mothers surname. Moreover, in view of her mothers intent to petition her to the U.S. so that mother and child may be reunited, it would also benefit Paula Cortes to use her mothers surname as it would easily establish their relationship and facilitate the process of her petition for immigration. That these reasons are sufficient to cause a change of name under Rule 103 of the Rules of Court is supported by Republic v. Capote (G.R. No. 157043, February 2, 2007, 514 SCRA 76), where the Supreme Court has recognized that it is to [the] best interest [of a child to change surnames to] facilitate his mothers petition to have [the child] join her in the U.S. Of course, while sufficient grounds exist to support the petition for change of name, it would be necessary to further describe in detail and explain the extent of embarrassment that Paula Cortes has suffered, and is likely to continue to suffer, by reason of her continued use of her putative fathers surname. In this regard, we note that the Supreme Court has had occasion to rule on the significant connection of a persons name to his identity, his status in relation to his parents and his successional rights as a legitimate or illegitimate child and, thus, these matters should not be taken lightly as to deprive those who may, in any way, be affected by the right to present evidence in favor of or against such change (See, Republic v. Capote, Id.) The alleged abandonment of William Cortes for failure to give support to Maricel Perez and Paula Cortes appears to be weak given that it doesnt show from the facts of the case that, between 1995 to date, Maricel Perez ever made a claim for support. In this regard, the Supreme Court has held that support must be demanded and the right to it established before it becomes payable for the right of support does not arise from the mere fact of relationship but from imperative necessity without which it cannot be demanded (See, Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007). There being sufficient cause in support of the petition, we confirm that you, in your capacity as guardian, may cause the filing of the petition since Paula Cortes is still a minor. Your capacity and legal standing to do so is expressly recognized under Section 2 of Rule 103 of the Rules of Court, which require a petition for change of name [to be] signed and verified by the person desiring his name changed or some other person on his behalf. Should you wish to pursue the filing of the petition, please find attached draft petition for change of name for your comments. Please let us know if you require further clarification or if a meeting would be useful. Very truly yours, xxxx

LEGAL OPINION MS. MELANIE P. GAMBOA 35 Craig St. Sampaloc, Manila Dear Ms. Gamboa: We respond to your request for legal opinion regarding whether or not you may, as guardian of Paula Perez Cortes (Paula Cortes), institute legal proceedings for the change of her surname from Cortes to Perez. The Facts We understand that Paula Cortes is the illegitimate daughter of your sister, Maricel Abrogar Perez (Maricel Perez), and her then college boyfriend, William Cortes (William Cortes). During Maricel Perez pregnancy and for sometime after the birth of Paula Cortes, William Cortes constantly visited mother and child and even provided support in the form of financial assistance. All visitation and support, however, ceased after William Cortes returned to Zamboanga and, thereafter, attempts to contact him by phone and through mail have proved futile. We understand further that William Cortes appears as the father of Paula Cortes in her birth certificate as well as in all her school records. Growing up, however, Paula Cortes experienced embarrassment in having to explain why her surname is different from that of her mother. At present, we understand that Maricel Perez is in the U.S. and desires to petition Paula Cortes for immigration. For this purpose, Maricel Perez believes it would facilitate the process if Paula Cortes name were changed to Paula Abrogar Perez as this would easily identify her filiation with Maricel Perez. In addition, given that William Cortes has apparently abandoned Paula Cortes, Maricel Perez would like Paula Cortes to have nothing to do with her putative father. Issues Based on the foregoing facts, you require a legal opinion regarding whether or not there is sufficient cause to cause the change Paula Cortes surname from Cortes to Perez. In this regard, there appears to be three (3) possible causes for such change of name, namely: (i) the embarrassment caused to Paula Cortes by reason of her use of her putative fathers surname; (ii) the fact that the change in surname will facilitate her mothers petition for immigration; and (iii) Maricel Perez desire to cut ties between Paula Cortes by reason of William Cortes alleged abandonment. Our Opinion We are of the view that there is no sufficient cause to change Paula Cortes surname from Cortes to Perez. In this regard, it must be emphasized that the Supreme Court has had occasion to rule on the significant connection of a persons name to his identity, his status in relation to his parents and his successional rights as a legitimate or illegitimate child and, thus, these matters should not be taken lightly as to deprive those who may, in any way, be affected by the right to present evidence in favor of or against such change (See, Republic v. Capote, G.R. No.

157043, February 2, 2007, 514 SCRA 76). Here, Maricel Perez would essentially be changing entries to Paula Cortes birth certificate, which has been held as validating proof of paternity and as an instrument of recognition, provided that it is signed by the father and mother jointly or by the mother alone if the father refuses. Thus, it would prejudice any claim of filiation that Paula Cortes may later on bring to establish her successional rights as an illegitimate child. While we understand that Paula Cortes use of her putative fathers surname has caused embarrassment and the change in her surname would facilitate her mothers petition for immigration, we note that these grounds may be considered weak as compared to the harm that may happen to Paula Cortes interest in claiming her filiation with William Cortes. In this regard, a petition for change in surname falls under Rule 103 of the Rules of Court (Change of Name) and one of the requisites for the filing of a petition for a change of name is that such petition must set forth the cause for which the change of the petitioners name is sought (See, Section 2 (c) of Rule 103, Rules of Court). In this regard, the Supreme Court has ruled that, before a person can be authorized to change his name, he must show proper or reasonable cause, or any compelling reason which may justify such change and that he will be prejudiced by the use of his true and official name. Among the grounds for a change of name, which the Supreme Court has recognized as valid, is when the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest (See, In Re: Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang, G.R. no. 159966, March 30, 2005, 454 SCRA 155). As explained above, the change in Paula Cortes birth certificate may be considered as prejudicing public interest. The alleged abandonment of William Cortes for failure to give support to Maricel Perez and Paula Cortes also appears to be weak given that it doesnt show from the facts of the case that, between 1995 to date, Maricel Perez ever made a claim for support. In this regard, the Supreme Court has held that support must be demanded and the right to it established before it becomes payable for the right of support does not arise from the mere fact of relationship but from imperative necessity without which it cannot be demanded (See, Sy v. Court of Appeals, G.R. No. 124518, December 27, 2007). Finally, another fact that undermines the sufficiency of the cause is the fact that the petitioner, Paula Cortes, is still a minor and, therefore, may not fully appreciate what she may be losing by pursuing the petition for change of name. It would have been a different matter had she been of age and her acts would be considered as voluntary relinquishment of her successional rights. Nonetheless, should you wish to pursue the filing of the petition, please find attached draft petition for change of name for your comments. Please let us know if you require further clarification or if a meeting would be useful. Very truly yours, xxxx