ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

SUGGESTED ANSWER
THE CASE OF MELANIE P. GAMBOA


LEGAL OPINION

I. BACKGROUND
This pertains to the inquiry of Melanie Perez Gamboa (Mrs. Gamboa) on the
possibility of changing the surname of her niece, Paula P. Cortes, who was placed
under her care by her sister, Maricel Perez, a nurse in the U.S.
II. FACTS OF THE CASE

The relevant and material facts are as follows:
1. Paula P. Cortes is the daughter of Mrs. Gamboas sister, Maricel Perez, with
her college boyfriend, William Cortes.
2. Maricel Perez is single and has been working as a nurse in the U.S. since
2000.
3. Paula P. Cortes has been living with Mrs. Gamboa at her home at 35 Craig St.,
Sampaloc, Manila, since 2000 and the latter has been acting as her
guardian since the.
4. William Cortes initially gave support while Maricel was pregnant and after
she gave birth.
5. After Paulas first birthday, William returned to his province in Zamboanga.
He gave money inconsistently for about a year thereafter and even sent a
letter and gift to Paula through courier for her second birthday.
6. That was the last time William was heard from.
7. Maricel raised Paula with the help of her family. Paula grew up never
knowing her father.
8. Paula carries Williams surname. William Cortes is indicated in the birth
certificate of Paula as her father.
9. However, Maricel Perez supplied the information, although William Cortes
was there when hospital personnel came to ask for information for Paulas
birth registration.
10. In all of Paulas official records, she carries Williams surname and William is
identified as her father.

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

11. Maricel now wants to change Paulas surname from Cortes to Perez because
she intends to petition Paula and the change in name would facilitate the
process.
12. The proposed change in her surname is okay with Paula because she never
knew William.
III. ISSUES:
It is submitted that the following are the issues which must be resolved in the
instant matter:
1.
2.

3.

WHAT IS THE STATUS OF PAULA CORTES?

WHETHER OR NOT THERE IS PROPER LEGAL
BASIS FOR THE CHANGE OF PAULAS
SURNAME FROM CORTES TO PEREZ?

WHO WOULD BE THE PROPER PARTY TO
FILE THE PETITION FOR CHANGE OF NAME
IN COURT?

IV. OPINION/FINDINGS
After a careful review of the facts and the relevant laws and jurisprudence, the
following are the findings of the undersigned:
A. PAULA CORTES IS THE ILLEGITIMATE DAUGHTER OF WILLIAM CORTES
AND MARICEL PEREZ
1.

From the facts as narrated during the interview, it appears that while
William Cortes was the college boyfriend of Maricel Perez, the two in fact
never got married.

2.

Hence, this would make Paula Perez the illegitimate daughter of William
Cortes and Maricel Perez pursuant to Article 165 of the Family Code which
expressly provides that: Children conceived and born outside a valid
marriage are illegitimate, unless otherwise provided in this Code
[Underscoring provided].

3.

Also, since William Cortes never actually signed Paulas birth records, and
has since long stopped communicating with Paula and her family, it can
properly be claimed that William has not in fact recognized Paula as her
daughter within the contemplation of the law.

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

B. THERE IS PROPER LEGAL BASIS FOR THE CHANGE OF PAULAS

SURNAME FROM CORTES TO PEREZ
1.

On the desire of Maricel Perez to have the surname of Paula changed from
Cortes to Perez, it is my considered opinion that there is proper and ample
legal basis and precedent for this.

2.

In fact, Article 176 of the Family Code expressly provides, thus:

Art. 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. Xxx.

3.

In Republic v. Capote (514 SCRA 76), the Supreme Court held that:
An illegitimate child whose filiation is not
recognized by the father bears only a given name
and his mothers surname and does not have a
middle name.
[Underscoring provided]

4.

However, before a person can be authorized to change his name given him
either in his certificate of birth or civil registry, he must show proper or
reasonable cause, or compelling reason to justify such change [See: In Re:
Petition for Change of Name and/or Correction of Entry in the Civil
Registry of Julian Lin Carulasan Wang, G.R. No. 159966 promulgated
March 30, 2005; 454 SCRA 155].

5.

It is my considered opinion of the undersigned that the causes cited by

Maricel Perez for the intended change of the surname of her daughter Paula
for Cortes to Perez, to wit:
(a) to facilitate her petition for Paula to be admitted
to the US; and
(b) to avoid embarrassment on the part of Paula
because of the fact that she gets asked why she
has a different surname from that of her mother;
are both reasonable causes and/or compelling reasons to justify the change
in her surname.

6.

This was the holding of the Supreme Court in the case of Republic v. Capote
(514 SCRA 76), a very similar case, thus:

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

An illegitimate child never recognized by

his father is entitled to change his name a
change of name will erase the impression that he
was ever recognized by the father. It is also to his
best interest as it will facilitate his mothers
intended petition to have him join her in the US.
This Court will not stand in the way of the
reunification of mother and son.
[Underscoring and emphasis supplied]
7.

Hence, under the circumstances, it is very clear that there is proper and
ample legal basis and precedent for the parties to pursue the intended
change of the surname of Paula from Cortes to Perez.

C. THE PROPER PARTY TO FILE THE PETITION FOR CHANGE OF NAME

WOULD BE PAULA CORTES, ASSISTED BY HER MOTHER, MARICEL
PEREZ
1.

Under Section 2 of Rule 103 (Change of Name) of the Rules of Court, it is

expressly provided that:
A petition for change of name shall be
signed and verified by the person desiring his
name changed, or some other person on his
behalf.

2.

In the instant case, Paula Cortes is still a minor.

3.

Although Paula has been under the care and actual custody of Ms. Melanie
Perez Gamboa for over ten (10) years, her supposed guardian, she is not
in fact the formers legal guardian because there is no court appointment or
designation to the said effect.

4.

On the other hand, Paulas mother, Maricel Perez, who has parental
authority over her, is in the US.

5.

Maricel, however, can appoint an Attorney-In-Fact to assist Paula in filing

the petition for the change of her surname.

6.

Hence, it is the advise of the undersigned that the Petition be filed by Paula,
assisted by Maricel Perez, through her Attorney-In-Fact, preferably Melanie
Perez Gamboa.

V. CONCLUSION/RECOMMENDED ACTION
In the light of all the foregoing, it is hereby recommended:

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

1.

For Melanie Perez Gamboa to request her sister, Maricel Perez, to issue a
Special Power of Attorney (SPA) appointing the former as her Attorney-InFact and authorizing her to assist Paula Cortes to file the Petition for Change
of her surname from Cortes to Perez;

2.

For Paula Cortes, assisted by her mother Maricel Perez, through Maricels
sister and Attorney-In-Fact, Melanie Perez Gamboa, to file such Petition
before the Regional Trial Court of Manila, where Paula actually resides.

LEGAL DOCUMENT: PETITION FOR CHANGE OF SURNAME

PETITION

PETITIONER PAULA P. CORTES, by and through the undersigned

counsel, unto the Honorable Court most respectfully states: That
1.

Petitioner is a minor, 16 years old, Filipino, with address at No. 35

Craig Street, Sampaloc, Manila. She is assisted in this act by her
mother, Maricel Perez, as represented by her Attorney-In-Fact,
Melanie Perez Gamboa, per the enclosed Special Power of Attorney
(SPA).

2.

Petitioner is the illegitimate child of Maricel Perez and William

Cortes who was born on ______________________ as per the enclosed
Birth Certificate, Annex A.

3.

Petitioners name has been registered in the Civil Registry of

Manila and in the Office of the Civil Registrar General of the
National Statistics Office as PAULA PEREZ CORTES.

4.

Likewise, all of petitioners school records and other official

records indicate her name as PAULA PEREZ CORTES.

5.

Petitioner has been a bona fide resident of the City of Manila for
more than three (3) years prior to the date of the filing of this
Petition, having actually resided at the above-mentioned address
since 2000.

6.

Petitioner is petitioning for the change of her surname from Cortes

to Perez in order for her to adopt her mothers surname because of
the following reasonable causes and/or compelling reasons:
a. In order to facilitate the petition filed by
her mother, Maricel Perez, for petitioners
entry into the US; and

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

b. In order to avoid embarrassment because

she always gets asked why she has a
different surname from that of her
mother.
7.

The instant petition for the change of petitioners surname is based

on express provisions of the law and jurisprudence, particularly
Article 176 of the Family Code and the ruling of the Supreme Court
in the case of Republic v. Capote (514 SCRA 76), a case of similar
factual circumstances.
PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court that, after

hearing and due proceedings, the instant petition be GRANTED and the Civil
Registrar of the City of Manila and Civil Registrar General as well as the
custodian of petitioners school and other official records be DIRECTED to
change her surname from CORTES to PEREZ.
OTHER RELIEF AND REMEDIES as may be just and equitable under the
premises are also prayed for.
RESPECTFULLY SUBMITTED.

www.chanroblesbar.com : www.chanroblesbar.com.ph