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    (G.R. No. 97906. May 21, 1992.) REPUBLI Cofte P Ilippines, Court of Appeals A!" Ma#Imo $ong, Ponente% Regala&O, Facts%

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    Emma Ruby Aguilar-Aprado
    - Maximo Wong petitioned to change his name back to his birth name, Maximo Alcala Jr., as he was feeling ridiculed and embarrassed by his Chinese surname Wong. - Maximo was adopted as a child by Wong Wong and Concepcion By Wong, taking their surname, but now as an adult wanted to revert to his birth name for business and social reasons. - The Court of Appeals approved Maximo's petition, finding that a change of name can be allowed for reasonable cause, and that avoiding embarrassment and ridicule was a valid reason. They ruled that Maximo Wong could legally change his name back to Maximo Alcala Jr.

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    (G.R. No. 97906. May 21, 1992.) REPUBLI Cofte P Ilippines, Court of Appeals A!" Ma#Imo $ong, Ponente% Regala&O, Facts%

    Uploaded by

    Emma Ruby Aguilar-Aprado
    54 views12 pages
    - Maximo Wong petitioned to change his name back to his birth name, Maximo Alcala Jr., as he was feeling ridiculed and embarrassed by his Chinese surname Wong. - Maximo was adopted as a child by Wong Wong and Concepcion By Wong, taking their surname, but now as an adult wanted to revert to his birth name for business and social reasons. - The Court of Appeals approved Maximo's petition, finding that a change of name can be allowed for reasonable cause, and that avoiding embarrassment and ridicule was a valid reason. They ruled that Maximo Wong could legally change his name back to Maximo Alcala Jr.

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    - Maximo Wong petitioned to change his name back to his birth name, Maximo Alcala Jr., as he was feeling ridiculed and embarrassed by his Chinese surname Wong. - Maximo was adopted as a child by Wong Wong and Concepcion By Wong, taking their surname, but now as an adult wanted to revert to his birth name for business and social reasons. - The Court of Appeals approved Maximo's petition, finding that a change of name can be allowed for reasonable cause, and that avoiding embarrassment and ridicule was a valid reason. They ruled that Maximo Wong could legally change his name back to Maximo Alcala Jr.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views12 pages

    (G.R. No. 97906. May 21, 1992.) REPUBLI Cofte P Ilippines, Court of Appeals A!" Ma#Imo $ong, Ponente% Regala&O, Facts%

    Uploaded by

    Emma Ruby Aguilar-Aprado
    - Maximo Wong petitioned to change his name back to his birth name, Maximo Alcala Jr., as he was feeling ridiculed and embarrassed by his Chinese surname Wong. - Maximo was adopted as a child by Wong Wong and Concepcion By Wong, taking their surname, but now as an adult wanted to revert to his birth name for business and social reasons. - The Court of Appeals approved Maximo's petition, finding that a change of name can be allowed for reasonable cause, and that avoiding embarrassment and ridicule was a valid reason. They ruled that Maximo Wong could legally change his name back to Maximo Alcala Jr.

    Copyright:

    © All Rights Reserved
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    [G.R. No. 97906.

    May 21,
    1992.]REPUBLI
    C OF TE
    PILIPPINES,
    petitioner, vs.
    COURT OF
    APPEALS a!"
    MA#IMO $ONG,
    respondents.
    PONENTE%
    REGALA&O,
    J.:

    FACTS%

    Maximo Wong
    petitioned for the
    change of his

    name to Maximo
    lcala, Jr. !hich !
    as his name prior
    to his adoption by
    "oong Wong and
    #oncepcion $y
    Wong.

    Maximo Wong is
    the legitimate son
    of Maximo
    lcala, %r. and
    %eg&ndina '.
    lcala.

    %iblings
    Maximo lcala,
    Jr. () * years old+

    and Margaret
    lcala ( years
    old+ !ere adopted
    by "oong Wong
    and #oncepcion
    $y Wong
    (nat&rali-ed
    ilipino citiens+ !ith the
    consent of their
    parents.

    "oong Wong, no!


    deceased, !as an
    ins&rance
    agent !hile
    #oncepcion $y
    Wong !as a high

    school teacher.
    $hey decided to
    adopt the
    children as they
    remained
    childless after
    /fteen years of
    marriage.
    $he co&ple sho!
    ered their
    adopted
    children !ith
    parental love and
    reared them as
    their o!n
    children.

    Maximo Wong
    ()) years old+
    then married and
    a 0&nior
    ngineering
    st&dent at Notre
    Dame 2niversity,
    #otabato #ity,
    /led a petition to
    change his name
    to Maximo
    lcala, Jr.

    isolated him
    from his relatives
    and friends, as
    the same
    s&ggests a
    #hinese
    ancestry !hen in
    tr&th and in fact
    he is a M&slim
    ilipino residing
    in a M&slim
    comm&nity,

    3t !as averred
    that his &se of
    the s&rname
    Wong
    embarrassed and

    he !ants to erase
    any implication !
    hatsoever of
    alien nationality4
    o

    that he is being
    ridic&led for
    carrying a
    #hinese
    s&rname, th&s
    hampering his
    b&siness and
    social life4
    o

    and that his


    adoptive mother
    does not oppose
    his desire to
    revert to his
    former s&rname.

    5$# 5&ling:
    5&led in the

    35M$3
    6 (having
    complied !ith the
    necessary
    re7&isites+

    8%9 appealed
    the decision

    # 5&ling:
    35MD
    5$# decision in
    f&ll

    8%9s
    #ontentions:
    o

    Maximo;s
    allegations of
    ridic&le and<or

    isolation from
    family and
    friends !ere
    &ns&bstantiated
    and cannot
    0&stify the
    petition for
    change of name.
    o

    or Maximo to
    cast aside the
    name of his
    adoptive father is
    crass ingratit&de
    to the memory of
    the latter and his
    adoptive
    mother !ho is still

    alive, despite her


    consent to the
    petition for
    change of name.
    o

    $he reversion of
    Maximo Wong to
    his old name
    violates rticles
    =>1 and =?@ of
    the #ivil #ode, !
    hich re7&ires an
    adoptive child to
    &se the s&rname
    of the adopter,
    and !o&ld
    identify him !ith
    his parents by

    nat&re, th&s
    giving the
    impression that
    he has severed
    his relationship !
    ith his adoptive
    parents.

    Maximo ref&tes
    these saying:
    o

    he did as the la!


    re7&ired (&sed
    the s&rname of
    the adopter+
    o

    Aeing already
    emancipated, he
    can no! decide !

    hat is best for


    and by himself.
    3t is at this time
    that he reali-ed
    that the #hinese
    name he carries
    ca&ses him
    &nd&e ridic&le
    and
    embarrassment
    and aBects his
    b&siness and
    social life.
    o

    "is adoptive
    mother, being a!
    are of his
    predicament,

    gave her consent


    to the petition for
    change of name,
    albeit maCing it
    clear that the
    same shall in no !
    ay aBect the
    legal adoption,
    and even &nder!
    ent the rigors of
    trial to
    s&bstantiate her
    s!orn statement.
    o

    3f his adoptive
    mother does not
    taCe oBense nor
    feel any

    resentment,
    abhorrence or
    insec&rity abo&t
    his desire to
    change his name,
    Maximo avers
    that there can be
    no possible
    pre0&dice on
    her, m&ch less
    the %tate.
    ISSUE%
    Whether or not
    Maximo Wong
    may legally
    change his name

    to Maximo
    lcala, Jr.
    EL&%
    '%. Maximo
    Wong may
    legally change
    his name to
    Maximo lcala,
    Jr.
    RATIO
    &ECI&EN&I%
    #hange of name
    is a privilege,
    given the proper
    or reasonable
    ca&se or

    compelling
    reason.

    %#: We are
    g&ided by the
    0&rispr&dential
    dict&m that the
    %tate has an
    interest in the
    names borne by
    individ&als and
    entities for the
    p&rpose of
    identi/cation, and
    a change of name
    is not a matter of
    right b&t of
    so&nd 0&dicial

    discretion, to be
    exercised in the
    light of reasons
    add&ced and the
    conse7&ences
    that !ill liCely
    follo!4
    '( ') a *+''-/
    ' 3ay 4
    /+a!("o!-y 5*o!
    a )o'!/ o a
    *+o*+ o+
    +a)o!a4-
    a5) o+
    o3*--'!/
    +a)o!
    (+o+.

    %#: We /nd
    &nacceptable the
    assertion of the
    %ol9en that
    Maximo;s
    allegationof
    ridic&le and
    embarrassment
    d&e to the &se
    of his present
    s&rname is
    &ns&bstantiated.

    mong the
    gro&nds for
    change of name !
    hich have been
    held valid are:

    (a+ When the


    name is
    ridic&lo&s,
    dishonorable or
    extremely
    dic&lt to !rite
    or prono&nce4
    (b+ When the
    change res&lts as
    a legal
    conse7&ence, as
    in
    legitimation4 (c+
    When the change
    !ill avoid
    conf&sion4 (d+
    "aving

    contin&o&sly
    &sed and been
    Cno!n since
    childhood by a
    ilipino name,
    &na!are of her
    alien parentage4
    (e+ sincere
    desire to adopt a
    ilipino name to
    erase signs of
    former alienage,
    all in good faith
    and !itho&t
    pre0&dicing
    anybody4 and

    $!
    ( )5+!a3
    a5)) 34a+
    +a))3!( a!"
    (+ ') !o )
    o'!/
    (a( (
    ")'+"
    a!/ o !
    a3 a) o+ a
    +a5"5-!
    ( *5+*o) o+
    (a( (
    a!/ o !
    a3 o5-"
    *+5"'
    *54-' '!

    (+)(.

    While it is tr&e
    that the stat&tory
    /at &nder
    rticle =?@ of
    the #ivil #ode is
    to the eBect that
    an adopted child
    shall bear the
    s&rname of the
    adopter, it
    m&stnevertheles
    s be borne in
    mind that the
    change of the
    s&rname of the
    adopted child is

    more an incident
    rather than the
    ob0ect of
    adoption
    proceedings.

    RULING%
    # 5&ling is
    35MD
    in toto

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