Alajas - Petition To Change Surname

REPUBLIC OF THE PHILIPPINES
National Capital Judicial Region

FAMILY COURT
Branch 6
Manila
IN THE MATTER OF CHANGING

THE SURNAME OF PAULA PEREZ
CORTES TO PAULA CORTES Special Proceedings No.
CORRESPONDING TO HER BIRTH _______________________
RECORD AND OTHER RECORDS
MELANIE PEREZ GAMBOA, AS

GUARDIAN OF MINOR PAULA
PEREZ CORTES,
Petitioner,
-Versus-
THE LOCAL CIVIL REGISTRAR OF

SAMPALOC, MANILA and the
PHILIPPINE STATISTICS
AUTHORITY,
Respondent.
x-----------------------------------------------x
PETITION
COMES NOW, PETITIONER, assisted by the undersigned counsel,

most respectfully states that:
1. Petitioner is a Filipino, of legal age, married, and a resident of 35 Craig

St., Sampaloc, Manila. She is the aunt of Paula Perez Cortes (Paula),
a 16-year-old minor and daughter of her sister, Maricel Abrogar Perez
(Maricel).
2. Paula Perez Cortes was born out of wedlock on November 15, 1994 to
Maricel and William Cortes (William). Attached herein is a copy of the
Certificate of Live Birth of Paula Perez Cortes.
3. Paula has been living with petitioner and her grandparents at

Sampaloc, Manila when Maricel went to work as a domestic nurse at
the United States since the year 2000.
Page 1 of 3
4. William can no longer be located and is absent all throughout Paula’s
childhood. However, before his absence, he supported Maricel during
her pregnancy until Paula’s first birthday.
5. Maricel wishes to bring Paula to the United States.
6. Paula suffers from the embarrassment of explaining why her surname

is different from that of her mother’s.
7. Article 176 of the Family Code, as amended, provides that:
“Article 176. Illegitimate children shall use the surname and shall
be under the parental authority of their mother and shall be entitled to
support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been expressly
recognized by the father through the record of birth appearing in the
civil register, or when an admission in a public document or private
handwritten instrument is made by the father. Provided, the father has
the right to institute an action before the regular courts to prove non-
filiation during his lifetime. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate child.” (emphasis
supplied).
8. The Court has held in numerous jurisprudence that among the grounds
for change of name which have been held valid are (a) when the name
is ridiculous, dishonorable or extremely difficult to write or pronounce;
(b) when the change results as a legal consequence, as in legitimation;
(c) when the change will avoid confusion; (d) when one has
continuously used and been known since childhood by a Filipino name,
and was unaware of alien parentage; (e) a sincere desire to adopt a
Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and (f) 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 (emphasis supplied).
9. For the foregoing reasons, Petitioner prays for the issuance of a court
order granting the change of surname of Paula Perez Cortes from
“Paula Perez Cortes” to “Paula Perez”.
10. In the interest of substantial justice and for the reason earlier
stated, petitioner hopes for the compassion of this Honorable Court to
issue an order granting this petition.
Page 2 of 3
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Court to grant this petition and issue an order allowing the change
of surname of Paula Perez Cortes from “Paula Perez Cortes” to “Paula
Perez” and ordering the concerned agencies to comply with said order.
Other just and equitable remedies are likewise prayed for.
General Santos City, April 5, 2022.
Respectfully submitted.
ATTY. MARYLAND D. ALAJAS

IBP No. 021399, 01.14.2021 RSM
PTR No. 8536614, 01.06.2021, Makati City
MCLE Compliance No. VI-0000213, 02.13.2019
Roll No. 21399
Page 3 of 3

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REPUBLIC OF THE PHILIPPINES

National Capital Judicial Region

IN THE MATTER OF CHANGING

MELANIE PEREZ GAMBOA, AS

THE LOCAL CIVIL REGISTRAR OF

COMES NOW, PETITIONER, assisted by the undersigned counsel,

1. Petitioner is a Filipino, of legal age, married, and a resident of 35 Craig

3. Paula has been living with petitioner and her grandparents at

5. Maricel wishes to bring Paula to the United States.

6. Paula suffers from the embarrassment of explaining why her surname

7. Article 176 of the Family Code, as amended, provides that:

WHEREFORE, premises considered, it is respectfully prayed of this

Other just and equitable remedies are likewise prayed for.

General Santos City, April 5, 2022.

ATTY. MARYLAND D. ALAJAS

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