CA upholds illegitimate daughter’s claim to father’s name
The illegitimate daughter of the late Senator Genaro Magsaysay gets to keep her father's surname, after the Court of Appeals rejected the state's move opposing her change of family name to Magsaysay.
The appellate court affirmed the November 2003 decision of the Bacoor, Cavite regional trial court that allowed Genevieve Arzadon Pantoja to change her name to Genevieve Arzadon Magsaysay.
The Republic of the Philippines, through the Office of the Solicitor General, questioned the RTC ruling before the appellate court on the ground that the change of name had allowed Genevieve to change her status from an illegitimate to a legitimate child.
The OSG said such a substantial change was not allowed under a petition for change of name, as well as under jurisprudence, which has been permitting changes only when the names were ridiculous or difficult to spell, to avoid confusion, when the change was based on a sincere desire to adopt a Filipino name or when the surname caused embarrassment, among others.
Genevieve, now 40, was initially registered with the surname Pantoja after the family name of her mother Lourdes Arzadon's estranged husband, Angelito Pantoja, in order to keep Senator Magsaysay's extramarital affair quiet.
Magsaysay, a former representative of Zambales, was married to Adelaida Rodriguez.
But Genevieve said that she fully knew who her biological father was while growing up, and Magsaysay had recognized her as his daughter. She was given her share of his estate when he died.
Magsaysay's widow and legitimate children also acknowledged her as the late lawmaker's daughter, and she was even invited to family gatherings.
Genevieve filed the petition to change her name and use her biological father's surname in 2001, and this was granted in 2003.
The appellate court, in siding with Genevieve, said that it was up to the RTC to determine whether the name change sought was backed by a reasonable and proper cause.
It noted that Genevieve's true parentage was never hidden from her and that without the name change to Magsaysay, she would legally be considered Pantoja's daughter with her mother. This inaccuracy would then create confusion because she would be considered Pantoja's heir as well.
"To allow such an error to subsist would be unfair not only to [Genevieve], but also grossly prejudicial to the interests of Angelito Garcia Pantoja and his bona fide heirs upon his demise... Accordingly, the same should be immediately rectified to avoid further and future confusion with regard to each of the parties' respective kin," it said in an April 15 decision penned by Justice Rodrigo Cosico.
It also said that Republic Act 9255, which amended a provision of the Family Code, allowed illegitimate children to carry their father's surname if the father had acknowledged them as his through the record of birth, public documents or private handwritten papers.
"Since there is really no problem in proving her filiation with her biological father, it is only right and in accordance with law that her petition should be granted," it added.
As for the OSG's argument that only Pantoja or his heirs could legally question Genevieve's real parentage, the appellate court disagreed and said that it was Magsaysay's family who could question her identity under the Family Code.
But since Magsaysay's family had long recognized and accepted Genevieve, there was no more reason for them to question her parentage, it added. By Leila Salaverria - Philippine Daily Inquirer
The appellate court affirmed the November 2003 decision of the Bacoor, Cavite regional trial court that allowed Genevieve Arzadon Pantoja to change her name to Genevieve Arzadon Magsaysay.
The Republic of the Philippines, through the Office of the Solicitor General, questioned the RTC ruling before the appellate court on the ground that the change of name had allowed Genevieve to change her status from an illegitimate to a legitimate child.
The OSG said such a substantial change was not allowed under a petition for change of name, as well as under jurisprudence, which has been permitting changes only when the names were ridiculous or difficult to spell, to avoid confusion, when the change was based on a sincere desire to adopt a Filipino name or when the surname caused embarrassment, among others.
Genevieve, now 40, was initially registered with the surname Pantoja after the family name of her mother Lourdes Arzadon's estranged husband, Angelito Pantoja, in order to keep Senator Magsaysay's extramarital affair quiet.
Magsaysay, a former representative of Zambales, was married to Adelaida Rodriguez.
But Genevieve said that she fully knew who her biological father was while growing up, and Magsaysay had recognized her as his daughter. She was given her share of his estate when he died.
Magsaysay's widow and legitimate children also acknowledged her as the late lawmaker's daughter, and she was even invited to family gatherings.
Genevieve filed the petition to change her name and use her biological father's surname in 2001, and this was granted in 2003.
The appellate court, in siding with Genevieve, said that it was up to the RTC to determine whether the name change sought was backed by a reasonable and proper cause.
It noted that Genevieve's true parentage was never hidden from her and that without the name change to Magsaysay, she would legally be considered Pantoja's daughter with her mother. This inaccuracy would then create confusion because she would be considered Pantoja's heir as well.
"To allow such an error to subsist would be unfair not only to [Genevieve], but also grossly prejudicial to the interests of Angelito Garcia Pantoja and his bona fide heirs upon his demise... Accordingly, the same should be immediately rectified to avoid further and future confusion with regard to each of the parties' respective kin," it said in an April 15 decision penned by Justice Rodrigo Cosico.
It also said that Republic Act 9255, which amended a provision of the Family Code, allowed illegitimate children to carry their father's surname if the father had acknowledged them as his through the record of birth, public documents or private handwritten papers.
"Since there is really no problem in proving her filiation with her biological father, it is only right and in accordance with law that her petition should be granted," it added.
As for the OSG's argument that only Pantoja or his heirs could legally question Genevieve's real parentage, the appellate court disagreed and said that it was Magsaysay's family who could question her identity under the Family Code.
But since Magsaysay's family had long recognized and accepted Genevieve, there was no more reason for them to question her parentage, it added. By Leila Salaverria - Philippine Daily Inquirer
Labels: genaro magsaysay
posted by OlongapoCity Zambales at
5:22 AM
0 Comments:
Post a Comment
<< Home