MEMORANDUM ON APPEAL -------------------------------------------------------------------------------------PAGE 1 of 3

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT BRANCH 16
TACLOBAN CITY


Manolo Tahiti
Plaintiff-Appelant,
Civil Case No. 10304
-versus- for: Adoption

XXX
Defendant- Appellee.

x-----------------------------------x


APPELLANTS MEMORANDUM ON APPEAL

COMES NOW, plaintiff-appellant by counsel, and unto this Honorable Court,
hereby files his appeal memorandum and avers thus:

STATEMENT OF THE CASE

This is an appeal from the decision of the Regional Trial Court of Tacloban
City dated September 23, 2013, a copy of which was received by the undersigned
counsel on January 16, 2014, and the dispositive portion of which reads:

WHEREFORE, finding the petition to be meritorious, the same
is GRANTED. Henceforth, RIXA JANE RONA SAMIREZ ...xxx Pursuant to
Article 189 of the Family Code of the Philippines, the minor shall be known as
RIXA JANE TAHITI.

ASSIGNMENT OF ERROR
1. THE TRIAL COURT ERRED IN DEPRIVING RIXA OF A MIDDLE NAME AS
A CONSEQUENCE OF ADOPTION.







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CASE FACTS

1. The personal circumstances and the legal capacities of the parties remain
undisputed;

2. The petition was filed on June 4, 2013 by Manolo Tahiti to adopt his
illegitimate female child, Rixa Jane Rona Samirez.

3. Plaintiff accompanies a prayer that the child be allowed to use his (Manolos)
surname and the surname of the childs biological mother as her middle
name.

4. On August 28, 2013, the trial court denied petitioners motion for
reconsideration holding that there is no law or jurisprudence allowing an
adopted child to use the surname of his biological mother as his middle name.

5. Thus, On September 23, 2013, the trial court rendered the assailed Decision
granting the adoption of Rixa and having her named register as Rixa Jane
Tahiti.

6. Palintiff- Appellant perfected an appeal on November 24,2013 and the same
was given due course by the trial court; and

7. Undersigned counsel for the appellant received the order to submit an appeal
memorandum on December 18, 2013
.

ARGUMENTS and DISCUSSIONS

1. THE TRIAL COURT ERRED IN DEPRIVING RIXA OF A MIDDLE NAME AS
A CONSEQUENCE OF ADOPTION.
The court based its deprivation of the child of a middle name from such holding
that there is no law or jurisprudence allowing an adopted child to use the surname of
his biological mother as his middle name. But even such law doesnt exist, the fact
that the child is adopted to become and considered legitimate, she has to maintain
and preserve her filiation with her natural mother. As laid down in the case of In re:
Adoption of Stephanie Nathy Astorga Garcia,
The Republic, through the Office of the Solicitor General (OSG),
agrees with petitioner that Stephanie should be permitted to use, as
her middle name, the surname of her natural mother for the
following reasons:
First, it is necessary to preserve and maintain Stephanies filiation
with her natural mother because under Article 189 of the Family
MEMORANDUM ON APPEAL -------------------------------------------------------------------------------------PAGE 1 of 3

Code, she remains to be an intestate heir of the latter. Thus, to
prevent any confusion and needless hardship in the future, her
relationship or proof of that relationship with her natural mother
should be maintained.
Second, there is no law expressly prohibiting Stephanie to use the
surname of her natural mother as her middle name. What the law
does not prohibit, it allows.
Last, it is customary for every Filipino to have a middle name, which
is ordinarily the surname of the mother. This custom has been
recognized by the Civil Code and Family Code. In fact, the Family
Law Committees agreed that the initial or surname of the mother
should immediately precede the surname of the father so that the
second name, if any, will be before the surname of the mother.

The same ruling must also be granted in the case at bar to maintain the
childs legitimacy.

PRAYER

WHEREFORE, foregoing premises considered, it is respectfully prayed that
the adopted RIXA JANE TAHITI should be permitted to use, as her middle name, the
surname of her natural mother having changed and modified her name to RIXA
JANE SAMIREZ TAHITI. Other just and equitable reliefs are also prayed for.
RESPECTFULLY SUBMITTED.
Tacloban City, Philippines this 9
th
day of May 2014.



Atty. Jill Lea L. Adrales
Counsel for the Plaintiff-Appelant
Ph2B V&G subd. Tacloban City
PTR No. 84238 02/06/13/ Tacloban City
IBP OR NO. 94231/12/06/14/ Tacloban City
Attys. Roll No. 47489/ /May 6, 2010
MCLE COMPLIANCE NO.:0003654/January 11, 2013
Phone No.: 09485990780
Email: adralesjill@gmail.com