Torrefranca v. Fernandez

Summary

This case involves a dispute over an illegitimate child's surname usage. Sandra Mae Torrefranca sought to change her daughter Theresse May's surname from the father's 'Fernandez' to her own 'Torrefranca', arguing that illegitimate children must use the mother's surname. The Supreme Court denied the petition, affirming that Article 176 of the Family Code gives acknowledged illegitimate children the discretionary choice to use either parent's surname, as evidenced by the permissive word 'may'. The Court found that proper procedures were followed when both parents jointly registered the birth using the father's surname under the applicable 2004 Administrative Order, which only required the father's acknowledgment through a public document. The decision reinforces that acknowledged illegitimate children have surname choice flexibility, while emphasizing the importance of following proper registration procedures and parental consent in birth certificate entries.