April 11, 2011

Llaneta vs Agrava

Llaneta vs. Agrava
GR No. 32054, May 15, 1974

FACTS:

Atanacia Llaneta was married with Serafin Ferrer whom she had a child named Victoriano Ferrer.  Serafin died and about four years later Atanacia had a relationship with another man out of which Teresita Llaneta, herein petitioner, was born.  All of them lived with Serafin’s mother in Manila.  Teresita was raised in the household of the Ferrer’s using the surname of Ferrer in all her dealing even her school records.  She then applied for a copy of her birth certificate in Sorsogon as it is required to be presented in connection with a scholarship grant.  Subsequently, she discovered that her registered surname was Llaneta and that she was the illegitimate child of Atanacia and an unknown father.  She prayed to have her name changed from Teresita Llaneta to Teresita Llaneta Ferrer since not doing so would result in confusion among persons and entitites she dealt with and would entail endless and vexatious explanations of the circumstances.

ISSUE: Whether Teresita can have her surname changed to Ferrer.

HELD:

The Court ruled in favor of Teresita and granted her petition to change her name to Teresita Llaneta Ferrer.  In support to her petition, the mother of Serafin Ferrer and his two remaining brothers have come forward in earnest support and were proud to share the surname of Ferrer with her.  Furthermore, adequate publication of the proceeding has not elicited slightest opposition from the relatives and friends of Serafin Ferrer.  

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