IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA
GARCIA
HONORATO B. CATINDIG, petitioner.
G.R. No. 148311. March 31, 2005
FACTS:
Honorato Catindig filed a petition to adopt his minor
illegitimate child Stephanie Nathy Astorga Garcia. He prayed that the child's
middle name Astorga be changed to Garcia, her mother's surname, and that her
surname Garcia be changed to Catindig, his surname.
Trial court granted the petition and declared Stephanie as
his legitimate child and heir, and pursuant to Art. 189 of the Family Code, she
is now known as Stephanie Nathy Catindig.
Honorato filed a motion for clarification and/or
reconsideration that Stephanie should be allowed to use the surname Garcia as
her middle name.
The Republic, through the OSG, agreed with Honorato for her
relationship with her natural mother should be maintained and preserved, to
prevent any confusion and hardship in the future, and under Article 189 she
remains to be an intestate heir of her mother.
ISSUE:
Whether or not an illegitimate child, upon adoption by her
natural father, use the surname of her natural mother as her middle name.
RULING:
Yes. there is no law prohibiting an illegitimate child
adopted by her natural father, like Stephanie, to use, as middle name her
mother’s surname, we find no reason why she should not be allowed to do so.
Article 176 of the Family Code, as amended by Republic Act
No. 9255, (An Act Allowing Illegitimate Children To Use The Surname Of Their
Father) is silent as to what middle name a child may use. Article 365 of the CC
merely provides that “an adopted child shall bear the surname of the adopter.” Article
189 of the Family Code, enumerating the legal effects of adoption, is likewise
silent on the matter.
Republic Act No. 8552, (Domestic
Adoption Act of 1998) an legitimate child by virtue of her adoption,
Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination
of any kind, including the right to bear the surname of her father and her
mother.
