Change of name needs reasonable cause

Change of name needs reasonable cause "My parents were not yet married when I was born but they eventually got married and I was then legitimated. We moved to Saudi Arabia when I was about 8 years old and we moved back here in the Philippines last year when both my parents retired from their work as OFWs. I am planning to go back to Saudi Arabia after I graduate from college in March, but I want to process my change of name so that I can drop my middle name (my mother’s maiden surname), and when I apply for a new passport it will no longer reflect any middle name. The reason for my intention to drop my mother’s maiden surname is because my school records from the school where I studied elementary and high school in Saudi Arabia do not reflect my mother’s maiden surname. I am just worried that it might cause problem once I start looking for work there, when they see the difference in my elementary and high school records (where I have no middle name), and my passport (where I currently have a middle name). Do you think I can pursue filing a petition for change of name? Please advise me. AndiDear Andi, A petition for change of name is a remedy that may be availed of by a person who seeks, with proper and reasonable cause, to replace his existing name to that which he desires. The procedure for such petition is laid down under Rule 103 of the Rules of Court. The “proper and reasonable causes” which our courts recognize when seeking for a change of name are as follows:“(a) When the name is ridiculous, dishonorable or extremely difficult to write or pronounce (b) When the change results as a legal consequence, as in legitimation (c) When the change will avoid confusion (d) When one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage (e) A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody and (f) When the surname causes embarrassment and there is no showing that the desired change of name was for a fraudulent purpose or that the change of name would prejudice public interest” (In Re: Petition for Change of Name and/or Correction/Cancellation of Entry in Civil Registry of Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005, Ponente: Former associate justice Dante O. Tinga). In the problem which you have shared, it appears that none of the abovementioned causes are applicable in your case. To our understanding, you wish to change your name, by dropping your middle name, more for your convenience so as to uniform your records.Thus, we believe that there is no basis for you to lawfully file a petition for change of name. For better understanding, the Supreme Court elucidated: “The Court has had occasion to express the view that the State has an interest in the names borne by individuals and entities for purposes of identification, and that a change of name is a privilege and not a right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change. Otherwise, the request should be denied.x x xA name is said to have the following characteristics: (1) It is absolute, intended to protect the individual from being confused with others. (2) It is obligatory in certain respects, for nobody can be without a name. (3) It is fixed, unchangeable, or immutable, at least at the start, and may be changed only for good cause and by judicial proceedings. (4) It is outside the commerce of man, and, therefore, inalienable and intransmissible by act inter vivos or mortis causa. (5) It is imprescriptible.This citation does not make any reference to middle names, but this does not mean that middle names have no practical or legal significance. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has. Our laws on the use of surnames state that legitimate and legitimated children shall principally use the surname of the father. The ‘Family Code’ gives legitimate children the right to bear the surnames of the father and the mother, while illegitimate children shall use the surname of their mother, unless their father recognizes their filiation, in which case they may bear the father’s surname x x x” (Ibid., Emphasis supplied).We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to " - https://www.affordablecebu.com/