This case has been cited 3 times or more.
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2014-02-18 |
VELASCO JR., J. |
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| interest of the minor child. In Alfon v. Republic,[18] for instance, this Court allowed even a legitimate child to continue using the surname of her mother rather than that of her legitimate father as it serves her best interest and there is no legal obstacle to prevent her from using the surname of her mother to which she is entitled. In fact, in Calderon v. Republic,[19] this Court, upholding the best interest of the child concerned, even allowed the use of a surname different from the surnames of the child's father or mother. Indeed, the rule regarding the use of a child's surname is second only to the rule requiring that the child be placed in the best possible situation considering his circumstances. In Republic of the Philippines v. Capote,[20] We gave due deference to the choice of an illegitimate minor to use the surname of his mother as it would best serve his interest, thus: The foregoing discussion establishes the significant connection of a person's name to his identity, his status in relation to his parents and his successional rights as a legitimate or illegitimate child. For sure, these matters should not be taken lightly as to deprive those | |||||
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2011-06-06 |
NACHURA, J. |
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| To address respondent's contention that the petition should have been adversarial in form, we further hold that the herein petition to establish filiation was sufficient in form. It was indeed adversarial in nature despite its caption which lacked the name of a defendant, the failure to implead respondent as defendant, and the non-service of summons upon respondent. A proceeding is adversarial where the party seeking relief has given legal warning to the other party and afforded the latter an opportunity to contest it. [27] In this petition--classified as an action in rem--the notice requirement for an adversarial proceeding was likewise satisfied by the publication of the petition and the giving of notice to the Solicitor General, as directed by the trial court. | |||||
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2011-02-02 |
CARPIO MORALES, J. |
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| Respondent nevertheless cites Republic v. Capote[20] in support of his claim that his change of name was effected through an appropriate adversary proceeding. | |||||