's duty to "dismantle" patriarchy.
In 2008, RTC Zamboanga denied his petition, saying the use of a different name is not a valid ground for change of name. It also ruled that under the Family and Civil codes, legitimate children shall principally use their fathers’ surnames. “Indeed, the provision states that legitimate children shall ‘principally’ use the surname of the father, but ‘principally’ does not mean ‘exclusively.’ This gives ample room to incorporate into Art. 364 the State policy of ensuring the fundamental equality of women and men before the law, and no discernible reason to give it,” it said.
This is not the first time the Supreme Court interpreted Art. 364 of the Civil Code in this manner, citing as basis the 1980 case of Alfon v. Republic. The high court used this rule to also allow Ballaho to change his first name to Abdulhamid, the name known to his family and friends and which he had used from grade school until finishing his law degree.
The Supreme Court said the trial court’s reasoning was unduly restrictive, highly speculative and contrary to the spirit and mandate of the Constitution, the Convention and the law previously cited.
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