Surname Change Request Due to Abandonment by Parent

Below is a comprehensive discussion of the legal framework and procedures involved in requesting a change of surname due to abandonment by a parent in the Philippines. This write-up aims to provide general information and is not a substitute for personalized legal advice. For specific cases, it is recommended to consult a licensed Philippine attorney.

I. Legal Basis for Changing One’s Surname in the Philippines

  1. Civil Code of the Philippines (Republic Act No. 386)

    • Provides general principles regarding names, identity, and civil status.

  2. Family Code of the Philippines (Executive Order No. 209, as amended)

    • Governs family relations, legitimacy, recognition, and use of surnames, especially for legitimate and illegitimate children.

  3. Rules of Court (Rule 103 and Rule 108)

    • Rule 103 covers judicial petitions for change of name.
    • Rule 108 covers judicial petitions for cancellation or correction of entries in the civil registry.

  4. Republic Act No. 9048 (as amended by RA 10172)

    • Primarily allows administrative correction of clerical errors and certain changes in entries in the civil registry (e.g., corrections in day and month of birth, sex, or simple typographical errors) without going to court.
    • However, RA 9048 generally does not allow a change of surname unless it is a simple spelling error or other minor clerical error. Substantial changes—such as changing an entire surname—usually require a judicial process.

  5. Relevant Supreme Court Jurisprudence

    • The Supreme Court has ruled that changing one’s name (including surname) is a privilege, not a right, and that the petitioner must present a substantial reason and show that the change will not cause confusion or prejudice to public interest.

II. Grounds for Changing Surname

In the Philippines, changing a surname is generally permitted only for compelling or substantial reasons. Common grounds recognized by courts include:

  1. Avoiding Confusion

    • When one’s surname causes confusion or mistake in identity.

  2. Embarrassment or Ridicule

    • When one’s name is offensive, scandalous, or can be a cause of serious embarrassment.

  3. Difficulty in Pronunciation or Spelling

    • If the existing surname is extremely difficult to pronounce or spell, a court might consider a change.

  4. Gender Identity or Cultural Reasons

    • In rare cases, courts may consider petitions that reflect gender identity or cultural roots.

  5. Abandonment or Non-recognition by Father

    • Relevant to this discussion, an illegitimate child who was once recognized by the father (or carries the father’s surname) can sometimes petition to use the mother’s surname due to paternal abandonment, lack of support, or other serious reasons that negatively affect the child’s welfare.

Importantly, paternal abandonment alone does not automatically grant the right to change the surname. However, it is often pleaded as a persuasive reason showing that continued use of the father’s surname may be prejudicial to the child’s interests.

III. Abandonment by a Parent: How It Affects a Child’s Surname

1. Legitimate vs. Illegitimate Children

  • Legitimate Children
    Under the Family Code, legitimate children generally carry their father’s surname (Article 174). Changing the surname of a legitimate child is more complex and typically requires a strong, compelling reason (e.g., the father has been conclusively declared absent, has committed certain acts detrimental to the child’s welfare, or in very exceptional cases recognized by jurisprudence).

  • Illegitimate Children
    Under Article 176 of the Family Code (as amended by RA 9255), an illegitimate child generally carries the mother’s surname. However, if the father expressly recognizes the child in the appropriate legal manner, the child may use the father’s surname with the father’s consent.

    • If the father later fails to provide support or has abandoned the child, the child (through a legal guardian, if a minor) may seek judicial remedy to revert to the mother’s surname, citing abandonment or lack of parental support.

2. Legal Definition and Proof of Abandonment

There is no single, exhaustive definition of abandonment under Philippine law for surname-change cases, but courts often look for evidence that:

  1. The father has willfully and without justifiable cause failed to provide financial support or maintain communication.
  2. The father has made no attempts at parental care or responsibility for a prolonged period.
  3. The father’s absence or neglect has caused emotional or psychological harm to the child, providing a strong reason to distance the child legally from the father’s surname.

Courts may require documents and testimony to prove abandonment or lack of support, such as:

  • Sworn affidavits from relatives or friends attesting to the father’s non-involvement.
  • Records showing no child support payments.
  • Correspondences (or lack thereof) demonstrating prolonged absence.

IV. Procedures in Filing a Petition for Surname Change

Because changing a surname (especially when it is not a mere correction of a typographical error) generally requires a court order, the usual process is to file a Petition for Change of Name under Rule 103 of the Rules of Court. The typical steps are:

  1. Consultation with Legal Counsel

    • It is advisable to seek assistance from a lawyer to assess the merits of the case and to prepare the necessary documentation.

  2. Preparation of the Petition

    • The petition must include:
      1. The petitioner’s (or child’s) current name and the desired new name.
      2. The grounds or reasons for the change—here, “abandonment by the father” would be emphasized.
      3. Evidence supporting these grounds (e.g., affidavits, proof of no support, other relevant documents).
    • If the petition involves a minor child, the mother or guardian can file on the child’s behalf.

  3. Filing of Petition in the Regional Trial Court (RTC)

    • Under Rule 103, the petition is filed in the RTC of the province or city where the petitioner resides.
    • The petitioner will pay the filing fees and docket fees.

  4. Notice and Publication

    • The court will issue an order setting the date and place of hearing.
    • This order must be published in a newspaper of general circulation once a week for three (3) consecutive weeks.
    • The purpose of publication is to notify any interested or affected parties, including the father, who may oppose the petition.

  5. Court Hearing

    • During the hearing, the court will examine the evidence of abandonment or lack of parental support.
    • The father (if known and locatable) is notified and may file an opposition or appear at the hearing.
    • The Solicitor General or public prosecutor typically participates to ensure that there is no mockery of the law or prejudice to public interest.

  6. Decision of the Court

    • If the court finds that the grounds are substantial and that it is in the best interest of the child (or the petitioner), it will grant the change of surname.
    • If there is insufficient proof of abandonment or if the change might prejudice the rights of others, the court may deny the petition.

  7. Annotation in the Civil Registry

    • Once granted, the decision is recorded in the civil registry where the birth certificate is registered.
    • Annotations will be made on the child’s birth certificate, reflecting the authorized surname change.

V. Additional Considerations

  1. Best Interest of the Child

    • The paramount consideration in cases involving minors is the “best interest of the child.” Courts are inclined to grant the petition if it is proven that continued use of the father’s surname is detrimental, especially where there is clear evidence of abandonment or lack of support.

  2. Effect on Inheritance or Other Legal Rights

    • Changing one’s surname does not sever the biological relationship or inheritance rights arising out of law, unless accompanied by other legal actions (e.g., adoption). A child still retains the right to claim support or inheritance from the biological father, unless there is a separate legal action (such as repudiation of paternity, or if the father’s legal obligations are otherwise extinguished).

  3. Opposition by the Father

    • If the father appears and opposes the change, the burden is on the petitioner to prove compelling reasons. The father might argue that he has not abandoned the child. The court weighs both sides carefully.

  4. Time and Expense

    • Judicial proceedings can be time-consuming and may involve substantial costs for publication and legal fees. It is important to prepare adequately and gather all evidence beforehand.

  5. Administrative vs. Judicial Process

    • As mentioned, administrative remedies under RA 9048 (as amended) generally do not apply to major surname changes (they only cover simple errors or corrections). Hence, petitions due to abandonment almost always require judicial intervention under Rule 103.

VI. Practical Tips

  1. Gather Thorough Documentation

    • Compile all evidence of abandonment and lack of support—affidavits, financial records, testimonies from neighbors or relatives, etc.

  2. Ensure Proper Service of Notices

    • If the father’s whereabouts are known, he must be notified. If unknown, ensure proper publication to satisfy procedural requirements.

  3. Prepare for Possible Opposition

    • The father or other interested parties (e.g., paternal relatives) may oppose. Be ready with documents and witnesses to corroborate the allegations of abandonment.

  4. Engage a Competent Attorney

    • Surname-change proceedings can be legally intricate. Legal counsel will guide you on the correct procedural path and help present a strong case in court.

  5. Consider the Child’s Preference (If of Age)

    • If the child is of sufficient age and maturity, the court may consider the child’s expressed preference in weighing whether to grant the petition.

VII. Conclusion

Requesting a change of surname due to abandonment by a parent in the Philippines is a legally recognized procedure but is subject to strict judicial scrutiny. While paternal abandonment can be a compelling ground, the petitioner carries the burden of proving that continuing to bear the father’s surname is detrimental and that the requested change will serve the child’s best interest or the petitioner’s legitimate need.

Procedurally, such a change requires filing a petition in court under Rule 103 of the Rules of Court, fulfilling publication requirements, notifying all interested parties, and convincing the judge that the petition should be granted. Once approved, the change must be annotated in the civil registry records.

Because every family situation is unique, it is best to consult an attorney who can provide individualized guidance based on the specific facts and circumstances of your case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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