Estella Garcia Ramos is the illegitimate daughter of Rance A. Reyes. From the time she was born on July 26, 1994, to Grace Garcia Ramos, she has used her mother’s middle name and surname, giving her the full name Estella Garcia Ramos.
Despite this, Rance continued to support both his child and her mother and even had a house built for them and provided support for their needs. Estella is close to her parents, whom she calls “Mama” and “Papa.”
When Rance became a widower on Aug. 20, 2000, he filed a petition to adopt Ma. Estella. In his petition, Rance requested that Estella’s middle name “Garcia” be replaced with her mother’s surname “Ramos” and that her surname “Ramos” be replaced with “Reyes,” his own surname. The Court granted Rance’s petition to adopt Ma. Estella.
In addition, the Court allowed Estella Garcia Ramos to be released from all obligations to obey and remain under her mother’s custody and, for civil purposes, to become the legitimate child and heir of Rance.
According to Article 189 of the Family Code, the minor was recognized as Estella Reyes. However, Rance requested the Court to reconsider its decision and allow Estella to use her mother’s surname (Ramos) as her middle name. This request was denied by the Court on the grounds that no law or ruling allows an adopted child to use the surname of their biological mother as their middle name. Was the Court correct?
Adopted name
Estella Garcia Ramos is the illegitimate daughter of Rance A. Reyes. From the time she was born on July 26, 1994, to Grace Garcia Ramos, she has used her mother’s middle name and surname, giving her the full name Estella Garcia Ramos.
Despite this, Rance continued to support both his child and her mother and even had a house built for them and provided support for their needs. Estella is close to her parents, whom she calls “Mama” and “Papa.”
When Rance became a widower on Aug. 20, 2000, he filed a petition to adopt Ma. Estella. In his petition, Rance requested that Estella’s middle name “Garcia” be replaced with her mother’s surname “Ramos” and that her surname “Ramos” be replaced with “Reyes,” his own surname. The Court granted Rance’s petition to adopt Ma. Estella.
In addition, the Court allowed Estella Garcia Ramos to be released from all obligations to obey and remain under her mother’s custody and, for civil purposes, to become the legitimate child and heir of Rance.
According to Article 189 of the Family Code, the minor was recognized as Estella Reyes. However, Rance requested the Court to reconsider its decision and allow Estella to use her mother’s surname (Ramos) as her middle name. This request was denied by the Court on the grounds that no law or ruling allows an adopted child to use the surname of their biological mother as their middle name. Was the Court correct?
No. It is not necessary to have a law to allow the use of a middle name. Although Article 176 of the Family Code, amended by the new law RA 9255 or the “Act Allowing Illegitimate Children to Use the Surname of their Father,” is silent on the issue of which middle name a child may use, Article 357 requires the addition of the mother’s middle name or surname when the child shares the same name as a descendant.
Similarly, Article 135 of the Civil Code allows an adopted child to use the surname of the adopter but does not specify which middle name may be used. Article 189 of the Family Code, which states the effects of adoption, also does not address this.
However, the authors of the Family Code recognized the Filipino custom of adding the mother’s surname as a child’s middle name and suggested that the mother’s surname should come before the father’s surname. Allowing Estella to use her mother’s surname (Ramos) as her middle name would keep her maternal lineage, as she is an heir of her mother.
In the future, Estella would also inherit rights from her mother. It would strengthen the bond between mother and child and avoid the stigma associated with being an illegitimate child.
Therefore, Estella may use her mother’s surname as her middle name (In the matter of the adoption of Stephanie Nathy Astorga Garcia, G.R. 148311, March 31, 2005, 454 SCRA 541).
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