Mercy’s mother was Julia Cruz, widow of the late Arturo Reyes with whom Julia had a son, Manolo. The marriage of Julia and Arturo had all the ingredients of a successful union where love and fidelity reigned. Unfortunately, it was short-lived, as Artemio died early in life leaving Julia and her son Manolo to fend for themselves.
Mercy was born when Julia succumbed to the pangs of loneliness and had an illicit relations with another man five years after the death of Arturo.
Shortly after Mercy’s birth, Julia brought her and Manolo to Manila where all of them lived with Julia’s mother-in-law, Carmen Vda. de Reyes (mother of her late husband, Arturo). Mercy was raised in the household of the Reyeses using the surname Mercy Reyes in all her dealings. All her records in school and elsewhere put her name down as Mercy Reyes. Her friends and associates knew her only as Mercy Reyes. Even the nearest of kin of the late Arturo Reyes had tolerated and approved her use of the surname Reyes in an effort to keep Mercy’s illegitimacy a secret from her.
When Mercy was about 20 years old, she applied for a copy of her birth certificate in the municipality where she was born as she was required to present it in connection with a scholarship granted to her. It was then that she discovered that her registered surname is Cruz (the surname of her mother) — not Reyes — and that she is the illegitimate child of Julia and an unknown father. Such discovery was a big letdown for Mercy. Her dismay was compounded by the reality that her use thenceforth of the surname Reyes instead of Cruz, which she had been using since she acquired reason and for as long as she can remember, would cause unfold difficulties and confusion. She filed a petition to change her name in the birth certificate from Mercy Cruz to Mercy Reyes.
Her petition was duly published and had not elicited from the relatives and friends of the late Arturo Reyes. Even Carmen, the widowed mother of Arturo, and Arturo’s two remaining brothers had come forward in earnest support of the petition. And the State (represented by the Solicitor General) no longer interposed any objection after a searching cross-examination of Mercy and her witnesses.
Unfortunately, the Trial Court denied Mercy’s petition. The said court disallowed the change of Mercy’s surname in her birth certificate because it would give the false impression of family relationship — that Mercy is the legitimate daughter of the late Arturo.
Was the trial court correct?
No.
The principle relied upon by the trial court – that such change of name would give the false impression of family relationship – remains valid but only to the extent that the proposed change of name would in great probability cause prejudice or future mischief to the family whose surname is involved or to the community in general. In this case, however, the nearest kin of the late Arturo and even the State had supported and interposed no opposition to Mercy’s petition. Whether the late Arturo Reyes, who died some five years before Mercy was born, would have consented or objected to her use of his surname is open to speculation. One thing, however, is certain, those living who possess the right of action to prevent the surname Reyes from being smeared are proud to share it with her.
A sudden shift at this time by Mercy to the name Mercy Cruz (in order to conform to that appearing in her birth certificate) would result in confusion among persons and entities she deals with and entail endless vexatious explanations of the circumstances of her new surname. In her official dealings, this would likewise mean a life-long fending with the necessary affidavits. Moreover, it is a salutary law that would allow Mercy, in spite of her illegitimate birth, to carry on in society without her unfortunate status being bandied about at every turn (Llanera vs. Agrava, 57 SCRA 29).