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Legal Name Change Denied

Elisea Laperal filed a petition to resume using her maiden name after being legally separated from her husband for 19 years. The court initially denied the petition, citing Article 372 of the Civil Code which requires a wife to continue using her married name even after legal separation. However, the court later granted the petition by treating it as a request to change her name, to avoid confusion in her business affairs given the liquidation of conjugal assets. On appeal, the court held that legal separation alone is not sufficient grounds to change a name, as Article 372 requires the wife to maintain her married name even after separation. The wife's marital status remains unchanged by legal separation.

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Martin Regala
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128 views2 pages

Legal Name Change Denied

Elisea Laperal filed a petition to resume using her maiden name after being legally separated from her husband for 19 years. The court initially denied the petition, citing Article 372 of the Civil Code which requires a wife to continue using her married name even after legal separation. However, the court later granted the petition by treating it as a request to change her name, to avoid confusion in her business affairs given the liquidation of conjugal assets. On appeal, the court held that legal separation alone is not sufficient grounds to change a name, as Article 372 requires the wife to maintain her married name even after separation. The wife's marital status remains unchanged by legal separation.

Uploaded by

Martin Regala
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Ruling: Explains the legal reasoning and decision made by the court regarding the petitioner's ability to change her surname.
  • Facts: Describes the background and context of the case involving a petition to resume use of a maiden name following a legal separation.
  • Issue: Determines if the petitioner should be allowed to change her surname after legal separation.

Elisea Laperal vs Republic

Facts
Petitioner filed in the CFI of Baguio City a petition praying that she be
allowed to resume using her maiden name of Elisea Laperal. On March
24, 1939, petitioner married Enrique R. Santamaria. However after 19
years of marriage, A decree of legal separation was granted to Enrique
R. Sanatamaria. During the petitioner’s marriage, she was using the
name of Elisea Santamaria instead of her maiden name. The petition
was opposed by the City Attorney of Baguio on the ground that the
petition violates the provisions of Article 372 of the NCC, and that it is
not sanctioned by the Rules of Court. The court denied her petition on
the grounds of Article 372 of the NCC. On petitioner's motion, however,
the court, treating the petition as one for change of name, reconsidered
its decision and granted the petition on the ground that to allow
petitioner, who is a businesswoman decreed legally separated from her
husband, to continue using her married name would give rise to
confusion in her finances and the eventual liquidation of the conjugal
assets.

Issue
Whether the petitioner be allowed to change her surname because she
is legally separated from her husband

Held
No. The legal separation of the petitioner is not a sufficient ground to
justify the change of her last name. She observed the proper procedures
regarding the petition to change her name(ROC ART103) however
Article 372 of the NCC provides that “When legal separation has been
granted, the wife shall continue using her name and surname employed
before the legal separation.” The language of the statute is mandatory
that the wife, even after the legal separation has been decreed, shall
continue using her name and surname employed before the legal
separation. This is so because her married status is unaffected by the
separation, there being no severance of the vinculum. It seems to be the
policy of the law that the wife should continue to use the name
indicative of her unchanged status for the benefit of all concerned.

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