That middle name controversy

THIS is an actual case of a married man who sired a daughter with a woman not his wife. That’s the other woman.

When he became a widower (after his wife died, of course), he adopted his illegitimate daughter. After the adoption was approved by the court, he wanted his now adopted, formerly illegitimate child, to use the surname of her mother as the child’s middle name. The court refused ruling that there is no basis for the adopted child who now used the surname of the adopting father to use the surname of her biological mother as her middle name. The father appealed to the Supreme Court.

The High Tribunal in the case entitled “In The Matter of the Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 14311, March 31, 2005)” ruled that there is no law that prohibits the adopted child who used the surname of the adopting father to use the surname of her biological mother as he middle name. Now, that is settled.

The Supreme Court further ruled: “Being a legitimate child by virtue of the adoption, it follows that Stephanie is entitled to all the rights provided by law to a legitimate child without discrimination of any kind, including the right to bear the surname of her father and her mother. This is consistent with the intention of the memebeers of the Civil Code and Family Law Committees. In fact, it is a Filipino custom that the initial or surname of the mother should immediately precede the surname of the father.

“Additionally, as aptly stated by both parties, Stephanie’s continued use of her mother’s surname (Garcia) as her middle name will maintain her maternal lineage. It is to be noted that Article 189(3) of the Family Code and Section 1824, Artivle V of RA 8552 (law on adoption) provide that the adoptee remains an intestate heir of his/her biological parent. Hence, Stephanie can well assert or claim her hereditary rights from her natural mother in the future.”

So the next time that a neighbor or cousin asks you whose surname can be used as an adopted child’s middle name, (Is it the surname of the legal wife or of the biological mother?), you already know the answer. How about the legal wife? What surname can she use? Article 370 of the Civil Code clearly provides that a married woman may use: a) Her maiden first name and surname and add her husband’ surname; b) Her maiden first name and her husband’s surname, or; c) her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

Therefore, Maria Reyes who is married to Juan Cruz may use Maria Reyes Cruz, Maria Cruz of Mrs. Juan Cruz. She can also retain her maiden surname and not carry her husband’s surname even if she is already married. Thus, Maria Reyes can retain her maiden name of Maria Reyes even if she is already married.

On this matter, however, if she obtains a Philippine passport using and adopting her husband’s surname, she cannot anymore renew her passport in her maiden surname. Hence, once Maria Reyes obtains a Philippine passport in the name of Maria Reyes Cruz, and that passport expires, she cannot renew or get another passport in the name of Maria Reyes. This is the ruling of the Supreme Court in the case of Maria Virginia Remo versus Secretary of foreign Affairs (G.R. No. 169202, March 5, 2010).

In this passport case, the High Tribunal ruled that it is only when there is a final decree of divorce or of annulment in the Philippine courts, or of the death of her husband or for any ground to cut the marital ties, that the wife can request for a new passport under her maiden name. There is no exception in this other than those stated in the Passport Act (R.A. 8239).

As a final note, wives should know their rights. As the Supreme Court ruled, when a woman marries she does not change her name but only her civil status. This is good news for women. This is a reflection on how women have attained their identity in this world, passport or no passport.

E-mail: joepallugna@yahoo.com