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Stephanie had been using her mother’s middle name and surname—Astorga Garcia.
When the mother, Gemma Garcia passed away, the father, Honorato Catindig filed a petition to adopt
Stephanie.
In addition, the father prayed that Stephanie’s middle name Astorga be changed to Garcia, her mother’s
surname and that Stephanie’s surname Garcia be changed to Catindig, the father’s own surname.
In short, the prayer was that Stephanie Natty Astorga Garcia be changed to Stephanie Natty Garcia
Catindig
The trial court granted the petition insofar as the prayer for adoption was concerned.
However, with respect to the prayer for change of name, the trial court ruled that there is no law or
jurisprudence allowing an adopted child to use the surname of the biological mother as the middle
name.
There is no law either prohibiting an adopted child from having a middle name in case there is only one
adopting parent
It is customary for every Filipino to have as middle name the surname of the mother
Adoption is defined as the process of making a child possess in general the rights accorded to a
legitimate child, notwithstanding whether or not the child is related to the adopter.
It is a proceeding in rem which creates a relationship similar to that which results from legitimate
paternity and filiation
The underlying intent behind adoption is geared to favor the adopted child
Being a legitimate child by virtue of her adoption, it follows that Stephanie is entitled to all rights
provided to a legitimate child, including the right to bear a surname of her father and her mother.
Moreover, Filipino custom dictates that the initial or surname of the mother should precede the
surname of the father
Finally, statutory construction with respect to adoption statutes involves a liberal construction in favor
of adoption.
In other words, adoption statutes shall be liberally construed to carry out the purposes of adoption.
Hence, every reasonable intendment should be sustained to promote the child’s welfare.
Rommel Jacinto Dantes Silverio was born in the City of Manila to Filipino paprents.
His name was registered as Rommel Jacinto Dantes Silverio in birth certificate.
One time, he filed a petition for the change of his first name and sex in his birth certificate in the trial
court.