[G.R. No. 133054. January 28, 1999.]
Facts:
The Republic filed a case against the respondent family because RTC of Laoag failed to order the change of surnames of the children from the father’s to the mother’s on the ground that they are cohabiting and without the benefit of marriage. The absence of their marriage was found out when they applied for corrections in the records of birth. The family do not dispute that their children are illegitimate since they are not married.
Issue:
Should the children’s surnames be changed to that of the mother’s?
Ruling:
Yes. *The Family Code was already the governing law when the children were born. “Article 176. Illegitimate children shall use the surname x x x of their mother.” Petition granted. Surnames of the respondent minors be changed to the mother’s surname “Celestino.”
*NOTE: This is a 1999 case, before the promulgation of Revilla Law or RA9255
English