MikeLigalig.com

Legally Separated Married Pinay Cannot Change Her Name
case: Laperal v. Republic
GR No. L-18008, October 30, 1962

Facts: Elisa L. Santamaria, legally separated from her husband Enrique R. Santamaria, petitioned for a change of name to Elisa Laperal, her maiden name, under Rule 103 of the Rules of Court (for change of name) on the ground that she was already legally separated from her husband, and that they had for many years now ceased to live together, and that the continued use of her husband's surname may cause undue confusion in her finances and the eventual liquidation of the conjugal assets.

Supreme Court Decision: The change of name cannot be granted. Firstly, the Rules of Court on change of name in general cannot prevail over the specific provisions of Article 372 (Civil Code of the Philippines) which specifically deals with wives who are legally separated. Secondly, even under Rule 103, the fact of legal separation alone does NOT justify a change of name, otherwise Article 372 can easily be circumvented. Thirdly, the decree of legal separation had already dissolved the conjugal partnership which previously existed.

Article 372: When the legal separation has been granted, the wife shall continue using her name and surname employed before legal separation.

source: Paras, Vol 1, Civil Code of the Philippines

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=32141.0