Chiu vs. Republic

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    Republic of the Philippines

    SUPREME COURT

    Manila

    EN BANC

    G.R. No. L-20018 April 30, 1966

    CHIU HAP CHIU, petitioner-appellee,

    vs.

    REPULIC O! THE PHILIPPINES, oppositor-appellant.

    Office of the Solicitor General Arturo A. Alafriz, First Assistant Solicitor General E. Umali and J.

    Domingo de Leon for oppositorappellant.

    !eodorico ". La#tic for petitionerappellee.

    AUTISTA ANGELO, J.:

    Chiu Hap Chiu seeks to change his nae to !o Hap Chiu in a petition file" before the Court of #irst

    $nstance of %avao. He testifie" that he &as '( )ears ol", single, a "octor of e"icine, an" a resi"ent

    of %avao Cit)* that the nae given hi at birth &as !o Hap Chiu* that "uring his school "a)s, or

    fro eleentar) school to college, he &as calle" b) his classates as !o Hap Chiu for &hich reason

    he "esires to have sai" nae a"opte" instea" of Chiu Hap Chiu to avoi" confusion in the use of his

    nae* an" that the nae given hi in his alien certificate of registration is Chiu Hap Chiu.

     After the reception of the evi"ence, the court a $uo grante" the petition. $t foun" that petitioner &as

    born on #ebruar) +, +'( at ulagsu, #uken, China* that he is a Chinese citien hol"ing an alien

    certificate of resi"ence* that he is a ph)sician b) profession an" has no CR$M$NA! REC/R% * that

    he has pai" all his ta0es to the governent* that he "esires to change his nae fro Chiu Hap Chiu

    to !o Hap Chiu for the reason that the latter is the nae he use" &hile stu")ing in the school an"

    because his present nae an" surnae are the sae.

    1he governent oppose" the petition in vie& of its failure to fin" sufficient 2ustification for the change

    of nae "esire" b) petitioner.

    1his Court has alrea") ha" occasion to e0press the vie& that the 3tate has an interest in the naes

    borne b) in"ivi"uals an" entitles for purpose of i"entification an" that a change of nae is a privilege

    an" not a atter of right. 3o that before a person can be authorie" to change the nae given hi

    either in his certificate of birth or in the civil registr) he ust sho& proper or reasonable cause or an)

    copelling reason &hich a) 2ustif) such change. /ther&ise, the re4uest shoul" be "enie" 5/ng

    Peng /an vs. Republic, 6.R. No. !-7('8, Noveber 9, +8:;. 1he follo&ing a) be consi"ere"aong others, as proper an" reasonable causes that a) &arrant the grant of a petition for change

    of nae< 5+; &hen the nae is ri"iculous, tainte" &ith "ishonor, or is e0treel) "ifficult to &rite or

    pronounce* 59; &hen the re4uest for change is a conse4uence of a change of status, such as &hen

    a natural chil" is ackno&le"ge" or legitiie"* an" 5'; &hen the change is necessar) to avoi"

    confusion 51olentino, Civil Co"e of the Philippines, +8' e"., =ol. $, p. >>(;. %&'ph(%.)*t 

    Petitioner has not sho&n an) proper or copelling reason that a) 2ustif) the re4uest for change of

    nae other than his "esire to use the nae !o Hap Chin on the allege" reason that that is the nae

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    given hi in his birth certificate an" in the schools he atten"e", but his clai &as not satisfactoril)

    proven, for asi"e fro his o&n testion) an" a photostatic cop) of a certification issue" in his favor

    as %octor of Me"icine b) the ?niversit) of 3anto 1oas &herein it appears that his nae is !o Hap

    Chiu, there is nothing in the recor" to sho& that he use" sai" nae fro gra"e school to college for

    he faile" to present an) "ocuentar) evi"ence to prove it. 1he truth is that he &as registere" in the

    Bureau of $igration as Chiu Hap Chiu an" in all the clearances secure" b) hi fro sai" Bureau

    the nae use" therein &as Chiu Hap Chiu thereb) in"icating that he consi"ere" hiself as such as

    regar"s the public. He has not sho&n that he &ill be pre2u"ice" b) the use of his true an" official

    nae, an" as a atter of fact he &as referre" to as %r. Chiu Hap Chiu in his clearance fro the

    Court of #irst $nstance of %avao. 3ince the 3tate has an interest in the nae borne b) an in"ivi"ual,

    especiall) an alien, an" the latter@s i"entit) as a rule is establishe" b) the nae appearing in his

    alien certificate of registration, &e fin" no plausible reason for authoriing the change of nae

    "esire" b) petitioner.

    herefore, the or"er appeale" fro is set asi"e. No costs.

    +engzon, .J., oncepcion, -ees, J.+.L., +arrera, Dizon, -egala, /a0alintal, +engzon, J.".,

    1aldi2ar and Sanchez, JJ., concur.