PFRDigest - Yasin Vs. Judge Shari’a District Court, G.R. No.

94986, February 23,

1995

Facts:
Petitioner after the dissolution of her marriage by divorce under the Code of
Muslim Law of the Philippines, filed a petition to the respondent court, a petition
to resume the use of her maiden name and surname. The petition was denied by
the respondent court on the ground that the petition is substantially for change of
name and that compliance with the provisions of Rule 103 Rules of Court on
change of name is necessary if the position is to be granted as it would result in
the resumption of the use of petitioners maiden name and surname.

Issue:
Whether or not petition for resumption of maiden name and surname is also a
petition for change of name.

Ruling:
The court rules in the negative. Rule 103 of the Rules of Court on change of name
should not be applied to judicial conformation of the right of divorced woman to
resume her maiden name and surname. Wherefore the petition is granted.