Laperal vs Republic

Laperal vs. Republic

GR No. 18008, October 30, 1962

FACTS:

The petitioner, a bona fide resident of Baguio City, was married with Mr. Enrique R. Santamaria on March 1939.  However, a decree of legal separation was later on issued to the spouses.  Aside from that, she ceased to live with Enrique.  During their marriage, she naturally uses Elisea L. Santamaria.  She filed this petition to be permitted to resume in using her maiden name Elisea Laperal.  This was opposed by the City Attorney of Baguio on the ground that it violates Art. 372 of the Civil Code.  She was claiming that continuing to use her married name would give rise to confusion in her finances and the eventual liquidation of the conjugal assets.

ISSUE: Whether Rule 103 which refers to change of name in general will prevail over the specific provision of Art. 372 of the Civil Code with regard to married woman legally separated from his husband.   

HELD:

In legal separation, the married status is unaffected by the separation, there being no severance of the vinculum.  The finding that petitioner’s continued use of her husband surname may cause undue confusion in her finances was without basis.  It must be considered that the issuance of the decree of legal separation in 1958, necessitate that the conjugal partnership between her and Enrique had automatically been dissolved and liquidated.  Hence, there could be no more occasion for an eventual liquidation of the conjugal assets.

Furthermore, applying Rule 103 is not a sufficient ground to justify a change of the name of Elisea for to hold otherwise would be to provide for an easy circumvention of the mandatory provision of Art. 372.

Petition was dismissed.