REPUBLIC OF THE PHILIPPINES, petitioner, vs. COURT OF APPEALS and CYNTHIA VICENCIO, respondents.
Thesis:
Republic assails that respondent’s surname should not be changed to her step-father’s surname.
Facts:
Respondent’s father, Pablo Vicencio, left her and her mother in 1971. They were taken care by a certain Ernesto Yu. Pablo’s marriage with her mother was soon dissolved on grounds of absenteeism and now she prays that her surname be changed from Vicencio to Yu. Both trial and appellate court affirmed Cynthia’s plea.
| Cynthia Vicencio | Republic |
| Ernesto Yu has acted as her father, known by the community, caused her humiliation and embarassment when people inquire why she has a different last name She used surname Yu when she joins beauty contests and other public functions Cites Republic vs. Hernandez (Grounds for corrections or change of name) Calderon vs. Republic (19 SCRA 721), and Llaneta vs. Agrava (57 SCRA 29) | This will cause legal complications. She may claim inheritance as a legitimate daughter. The father could easily opted to adopted her but he did not SC:•Lauds Ernesto’s treatment to Cynthia•Change of name is a privilege not a right•The change could even trigger deeper questions and more confusions if her surname is changed but she was not legally adopted•If this will be allowed, there will be more confusion as to his real paternity |
Issue:
Can her surname be changed to that of her step-father’s?
Ruling:
No. Art. 176 Family Code: Illegitimate children shall use the surname and shall be under the parental authority of their mother
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