Facts:

Dolores Gemora and Vincent Co were married in 1954. They begot 5 children, namely: Michael, Abigail, Rafael, Gabriel, and Annabelle. In 1960, Vincent left the conjugal home and has since never returned. Because of his continued absence, Dolores filed a petition declaring Vincent an absentee, which was granted by the court. In 1965, Dolores contracted a second marriage with Edward Padilla. The five minor children, who had been living with said spouses, were generously supported by Padilla and were treated by him with affection as if they were his own children. This prompted Dolores Gemora to file a petition for change of the minors' surname from "Copuaco" or "Co" to "Padilla". The trial court granted the petition.


Issue:

Whether or not the 5 children should be allowed to use the surname of Padilla


Held:

No. Our laws do not authorize legitimate children to adopt the surname of a person who is not their father. Said minors are the legitimate children of Vincent Co and Article 364 of the Civil Code explicitly provides that "legitimate children ... shall principally use the surname of their father."

To allow said minors to adopt the surname of their mother's second husband, who is not their father, could result in confusion in their paternity. It could also create the suspicion that said minors, who were born during the coverture of their mother with her first husband, were in fact sired by Edward Padilla, thus bringing their legitimate status into discredit.

Apart from the legal obstacles discussed above, We consider the instant action taken by petitioner in behalf of her minor children to be premature. Indeed, the matter of change of their surname should better be left to the judgment and discretion of the children themselves when they reach the age of maturity. If in their adulthood they want to change their surname, then they themselves or any of them may take such appropriate action as the law may permit. Petition dismissed. (In the Matter of the Petition for Change of Name. Dolores Gemora Padilla, in representation of her minor children Michael, Abigail, Rafael, Gabriel and Annabelle, all surnamed Copuaco, except the last whose surname is Co vs. Republic of the Philippines, G.R. No. L-28274, April 30, 1982)