- Petitioner
- Grande
- Respondent
- Antonio
- Citation
- G.R. No. 206248
- Court
- Supreme Court
- Decided
- February 18, 2014
Right of illegitimate children to choose their surname after father's recognition versus father's attempt to compel mandatory use of his surname
Summary
This case involves a dispute between unmarried parents over the surname rights of their illegitimate children after paternal recognition. Antonio sought to compel his illegitimate sons to use his surname after executing a notarized recognition document, while their mother Grande opposed the mandatory surname change. The Supreme Court held that Article 176 of the Family Code, as amended by RA 9255, grants illegitimate children the discretionary right to choose whether to use their father's surname upon recognition. The use of 'may' in the statute is permissive, not mandatory. The Court declared null and void the implementing rules requiring automatic surname changes, emphasizing that administrative regulations cannot expand statutory provisions. The case was remanded to determine the children's actual choice of surname, reinforcing the principle that children's best interests and autonomous choice govern surname decisions in recognition cases.