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Alanis Iii v. Ca

This case involved a petition by Anacleto Ballaho Alanis III to change his surname from his father's surname ("Alanis III") to his mother's maiden surname ("Ballaho"), which he had been using since childhood. The Regional Trial Court and Court of Appeals denied the petition, citing provisions of the Family Code and Civil Code requiring legitimate children to principally use their father's surname. However, the Supreme Court granted the petition, finding that "principally" does not mean "exclusively" and legitimate children are equally entitled to use their mother's surname. The Regional Trial Court's denial based solely on the father's surname requirement was therefore in error.

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3K views2 pages

Alanis Iii v. Ca

This case involved a petition by Anacleto Ballaho Alanis III to change his surname from his father's surname ("Alanis III") to his mother's maiden surname ("Ballaho"), which he had been using since childhood. The Regional Trial Court and Court of Appeals denied the petition, citing provisions of the Family Code and Civil Code requiring legitimate children to principally use their father's surname. However, the Supreme Court granted the petition, finding that "principally" does not mean "exclusively" and legitimate children are equally entitled to use their mother's surname. The Regional Trial Court's denial based solely on the father's surname requirement was therefore in error.

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Jay jogs
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© © All Rights Reserved
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ANACLETO BALLAHO ALANIS III, PETITIONER, V.

COURT OF APPEALS,
CAGAYAN DE ORO CITY, AND HON. GREGORIO Y. DE LA PENA III, PRESIDING
JUDGE, BR. 12, REGIONAL TRIAL COURT OF ZAMBOANGA CITY,
RESPONDENTS

G.R. No. 216425, November 11, 2020

Leonen, J. – Third Division

NATURE OF THE ACTION:

Petition for Review on Certiorari assailing the Decision and Resolution of the Court of
Appeals, affirmed the Regional Trial Court Orders denying Anacleto Ballaho Alanis III's appeal
to change his name to Abdulhamid Ballaho.

FACTS:

Anacleto Ballaho Alanis III filed a Petition before the Regional Trial Court of
Zamboanga City alleging that he was born to Mario Alanis y Cimafranca and Jarmila Imelda
Ballaho y Al-Raschid, and that the name on his birth certificate was “Anacleto Ballaho Alanis
III.” However, he wished to remove his father’s surname “Alanis III,” and instead use his
mother’s maiden name “Ballaho,” as it was what he has been using since childhood and
indicated in his school records.

The RTC denied the petition. The RTC ruled that to allow him to drop his last name was
to disregard the surname of his natural and legitimate father, in violation of the Family Code and
Civil Code, which provide that legitimate children shall principally use their fathers' surnames.
The CA affirmed the ruling the the RTC.

ISSUE:

Whether or not legitimate children have the right to use their mothers' surnames as their
surnames.

RULING:

Yes. The Petition is GRANTED.

This treatment by the Regional Trial Court was based on Article 174 of the Family Code,
which provides:

ARTICLE 174. Legitimate children shall have the right:

(1) To bear the surnames of the father and the mother, in conformity with the provisions
of the Civil Code on Surnames[.]

In turn, Article 364 of the Civil Code provides:

ARTICLE 364. Legitimate and legitimated children shall principally use the surname of
the father.

The Regional Trial Court's application of Article 364 of the Civil Code is incorrect.
Indeed, the provision states that legitimate children shall "principally" use the surname of the
father, but "principally" does not mean "exclusively." This gives ample room to incorporate into
Article 364 the State policy of ensuring the fundamental equality of women and men before the
law, and no discernible reason to ignore it. This Court has explicitly recognized such
interpretation in Alfon v. Republic:

The only reason why the lower court denied the petitioner's prayer to change her surname
is that as legitimate child of Filomeno Duterte and Estrella Alfon she should principally use the
surname of her father invoking Art. 364 of the Civil Code. But the word "principally" as used in
the codal-provision is not equivalent to "exclusively" so that there is no legal obstacle if a
legitimate or legitimated child should choose to use the surname of its mother to which it is
equally entitled. Moreover, this Court in Haw Liong vs. Republic, G.R. No. L-21194, April 29,
1966, 16 SCRA 677, 679, said:

"The following may be considered, among others, as proper or reasonable causes that
may warrant the grant of a petitioner for change of name; (1) when the name is ridiculous,
tainted with dishonor, or is extremely difficult to write or pronounce; (2) when the request for
change is a consequence of a change of status, such as when a natural child is acknowledged or
legitimated; and (3) when the change is necessary to avoid confusion (Tolentino, Civil Code of
the Philippines, 1953 ed., Vol. 1, p. 660)."

Given these irrefutable premises, the Regional Trial Court patently erred in denying
petitioner's prayer to use his mother's surname, based solely on the word "principally" in Article
364 of the Civil Code.

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