ArticuLaw Primo

G.R. NO. L-16384, April 26, 1962

In the matter of the petition to change the name of Go Chang to Jayme S. Tan, Jayme s. Tan, vs Republic of the Philippines

 

 

FACTS OF THE CASE:

 

     On March 12, 1959, Go Chang, a citizen of the Republic of Nationalist China, but born in the Philippines, filed with the Court of First Instance of Cebu, a verified petition for change of name (Sp. Proc. No. 189-R), to Jayme S. Tan.

 

     It was further stated in the petition that the petitioner was registered with the Local Civil Registrar and the Immigration Bureau under the name of Go Chang; baptized as Jaime Descals Go Chang.

 

     He has been enrolled under the name Jayme S. Tan, Tan being the surname of his uncle and the middle initial "S" standing for the surname of his mother Lim Sy; that all his friends know him as Jayme S. Tan; and that by seeking the change of his name it was not his intention to conceal or hide any unfavorable record but to correct an error.

 

     A discrepancy exists in the petition and the published Order. Whereas in the published Order the name of petitioner was spelled Jaime S. Tan, the verified petition spell his name as Jayme S. Tan.

 

     The Lower Court granted the petition and approved that the name JAIME S. TAN is the official name of the petitioner after this name is duly registered in the office of corresponding local Civil Registrar.

 

 

ISSUE:

 

Whether or not  (1) The lower court erred in taking cognizance of the instant petition for change of name filed despite the fact that it did not acquire jurisdiction over the case by reason of a substantial defect in the petition and publication of the Order for hearing; and .

 

(2) The lower court erred in granting the petition despite the fact that the petitioner failed to adduce any proper and reasonable reason for changing his name.

 

 

HELD:  

 

     The Petition for change of name being proceedings in rem, a strict compliance with the requirement of publication is essential, for it is by such means that the court acquires jurisdiction. Considering the fact that the proceedings is one for change of name, the defect in the petition and the order, as to the spelling of the name of the petitioner, is substantial, because it did not correctly identify the party to said proceedings.

 

     Except the testimony of the Petitioner, no other evidence was introduced to show that in school and to his friends he was using and/or was known by the name of Jayme S. Tan.

 

     WHEREFORE, the decision appealed from is hereby reversed, and the petition of Go Chang to change his name to Jayme S. Tan denied. Costs taxed against the petitioner-appellee.