PEOPLE OF THE PHILIPPINES, appellee, vs. FERNANDO RAFANAN, appellant.

G.R. No. 48362 | 1990-02-28

Topic: Compulsory recognition; of illegitimate children

Facts:
 Petitioner Elaine Moore (American citizen) is married to Joseph Velarde (also American)
 Moore had a son out of wedlock William Michael Velarde (now 14 years of age) who was
also born at the United States
 Said marriage however was dissolved through a decree of divorce from the Supreme Court
of California on May 31, 1949. Elaine had her 2nd marriage with Don Moore on September
29, 1956 at Los Angeles, California William (minor) lived with together with them.
 Elaine filed at the CFI Rizal a motion to have her child‘s surname be changed into Moore
instead of Velarde. Trial Court denied such petition hence, the appeal.

Issue: a) WON law permits minor to adopt surname of the 2nd husband of his mother b) WON
justifiable

Held: Regarding the 1st issue, RP said that through NCC 364 legitimate child should use the surname
of his father. NCC 369 moreover cites that in case of annulment, child conceived before such decree
shall use the surname of his/ her father. Likewise, same concept rules over decree of divorce;
therefore law does NOT sanction such change of name. SC upheld such position, saying that
confusion may arise with respect to paternity and that said change may even redound to the prejudice
of the child. Moreover, the child is still a minor and therefore aforesaid action is premature. Said
child may in his mature age decide for himself to instigate such change of name.