- Petitioner
- Gan
- Respondent
- Republic
- Citation
- G.R. No. 207147
- Court
- Supreme Court
- Decided
- September 14, 2016
Whether an illegitimate child can change her name to include her father's surname without evidence of acknowledgment by the father
Summary
This case involves Emelita Basilio Gan's petition to officially change her name from 'Emelita Basilio' to 'Emelita Basilio Gan' to match the name she has been using in various records. Born out of wedlock in 1956, she sought to include her Chinese father's surname despite having no evidence of acknowledgment. The RTC initially granted the petition, but the Court of Appeals reversed, holding that illegitimate children can only use their father's surname if expressly recognized. The Supreme Court affirmed the CA decision, emphasizing that name changes require proper justification and that under the Civil Code and Family Code, illegitimate children may only bear their mother's surname unless acknowledged by their father. The Court distinguished this case from precedents cited by petitioner, ultimately denying the petition for lack of sufficient legal basis.