IN THE MATTER OF THE ADOPTION OF STEPHANIE NATHY ASTORGA GARCIA, HONORATO B. CATINDIG, petitioner.; G.R. No. 148311. March 31, 2005

TOPIC: Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.

RATIONALE:

The law was very silent re an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mother’s surname. 

Art. 10 of the New Civil Code provides that: "In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail."

Hence, since there is no law prohibiting an illegitimate child adopted by her natural father, like Stephanie, to use, as middle name her mother’s surname, the Supreme Court no reason why she should not be allowed to do so.

FACTS:

1. Stephanie Nathy Astorga Garcia, born on June 26, 1994, is the illegitimate child of herein adopting petitioner, Honorato B. Catindig. Stephanie has been using her mother’s, Gemma Astorga Garcia middle name and surname, who is now deceased.

2. August 31, 2000: petitioner filed that he is now qualified to be Stephanie's adopting parent. He prayed that Stephanie’s middle name Astorga be changed to "Garcia," her mother’s surname, and that her surname "Garcia" be changed to "Catindig," his surname.

3. March 23, 2001: Since there was no opposition and they met all the qualifications, trial court granted their petition. It was also held that the petitioner’s care and custody of the child since her birth up to the present constitute more than enough compliance with the requirement of Article 35 of Presidential Decree No. 603. 

4. It was pronounced that Stephanie Nathy Astorga Garcia with respect to her natural mother, and for civil purposes, shall henceforth be the petitioner’s legitimate child and legal heir. Pursuant to Article 189 of the Family Code of the Philippines, the minor shall be known as STEPHANIE NATHY CATINDIG.

5.  April 20, 2001: petitioner filed a motion for clarification and/or reconsideration praying that Stephanie should be allowed to use the surname of her natural mother (GARCIA) as her middle name.

6. May 28, 2001,6 the trial court denied petitioner’s motion for reconsideration holding that there is no law or jurisprudence allowing an adopted child to use the surname of his biological mother as his middle name. 

7. Hence, the petition.

ISSUE:

W/N an illegitimate child, upon adoption by her natural father, use the surname of her natural mother as her middle name. 

RULING:

YES. An illegitimate child, upon adoption by her natural father, may use the surname of her natural mother as her middle name. 

Although Articles 364 to  380 of the New Civil Code regulates the usage of surname, the law is silent when it comes to middle names.

Even Article 17611 of the Family Code, as amended by Republic Act No. 9255, otherwise known as "An Act Allowing Illegitimate Children To Use The Surname Of Their Father," is silent as to what middle name a child may use.

The middle name or the mother’s surname is only considered in

Article 375.  In case of identity of names and surnames between ascendants and descendants, the word ‘Junior’ can be used only by a son. Grandsons and other direct male descendants shall either:

(1) Add a middle name or the mother's surname.

Notably, the law is likewise silent as to what middle name an adoptee may use. Article 365 of the Civil Code merely provides that "an adopted child shall bear the surname of the adopter." Also, Article 189 of the Family Code, enumerating the legal effects of adoption, is likewise silent on the matter, thus:

"(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;

However, as correctly pointed out by the OSG, the members of the Civil Code and Family Law Committees that drafted the Family Code recognized the Filipino custom of adding the surname of the child’s mother as his middle name. In the Minutes of the Joint Meeting of the Civil Code and Family Law Committees, the members approved the suggestion that the initial or surname of the mother should immediately precede the surname of the father.

One of the effects of adoption is that the adopted is deemed to be a legitimate child of the adopter for all intents and purposes pursuant to Article 18921 of the Family Code and Section 1722 Article V of RA 8552.23

Being a legitimate child by virtue of her adoption, it follows that 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, as discussed above. This is consistent with the intention of the members of the Civil Code and Family Law Committees as earlier discussed. In fact, it is a Filipino custom that the initial or surname of the mother should immediately precede the surname of the father.

Stephanie’s continued use of her mother’s surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted that Article 189(3) of the Family Code and Section 1824, Article V of RA 8552 (law on adoption) provide that the adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in the future.

Records show that Stephanie and her mother are living together in the house built by petitioner for them at 390 Tumana, San Jose, Baliuag, Bulacan. Petitioner provides for all their needs. Stephanie is closely attached to both her mother and father. She calls them "Mama" and "Papa". Indeed, they are one normal happy family. Hence, to allow Stephanie to use her mother’s surname as her middle name will not only sustain her continued loving relationship with her mother but will also eliminate the stigma of her illegitimacy.

Art. 10 of the New Civil Code provides that: "In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail."

Since 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.

SC Ruling: WHEREFORE, the petition is GRANTED. The assailed Decision is partly MODIFIED in the sense that Stephanie should be allowed to use her mother’s surname "GARCIA" as her middle name.

Let the corresponding entry of her correct and complete name be entered in the decree of adoption.

ADDITIONAL INFO:

ADOPTION,  defined.

- the process of making a child, whether related or not to the adopter, possess in general, the rights accorded to a legitimate child

- a juridical act, a proceeding in rem which creates between two persons a relationship similar to that which results from legitimate paternity and filiation.16 The modern trend is to consider adoption not merely as an act to establish a relationship of paternity and filiation, but also as an act which endows the child with a legitimate status