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ORDER
Pending for resolution is the Partial Motion for Reconsideration filed by petitioners, Sps.
Jose Nelson I. Lotino and Amalia B. Aquino-Lotino through counsel, Gera Law.
The petitioners' further asserts that the public prosecutor, being the duly constituted
representative of the Office of the Solicitor General, the counsel of the of the State, did not
interpose any objection and/ or comment with respect to the failure of petitioners to comply
with Section 10 of the New Rule on Adoption, thus, it can be inferred therefrom that such
technical oversight bears no substantial effects in order not to serve and grant all the natural and
logical consequences of petitioner's adoption over NIGEL JAMES.
Petitioners' asserts that NIGEL JAMES is now considered their legitimate child, for all
intents and purposes of the petitioners. Thus, NIGEL JAMES has the right to use and bear the
surnames of his father and mother (petitioners in this case) as provided for under the Family
Code and Civil Code, respectively, which should be the natural and logical consequence of this
adoption proceedings. Hence, Nigel James is entitled to be known as NIGEL JAMES AQUINO
LOTINO.
According to the New Rule on Adoption, Section 10. Change of name.- In case the
petition also prays for change of name, the title or caption must contain: (a) The registered
name of the child (b) Aliases or other names by which the child has been known and (c) The
full name by which the child is to be known;
Perusal of records revealed that the full name by which the child is to be known is not
included in the title or caption of the petition.1 Thus, the Court has no recourse but to deny the
change of name of Nigel James. Albeit, petitioners' partial appeal to the Court to reconsider its
decision in denying Nigel James' change of name relied on the case of In the Matter of
Adoption of Stephanie Nathy Astorga Garcia, Honorato B. Catindig, Petitioner, G.R. No.
148311, March 31, 2005, citing that it is a settled rule that adoption statutes, being humane and
salutary, should be liberally construed to carry out the beneficient purposes of adoption. The
interests and welfare of the adopted child are of primary and paramount consideration, hence,
every reasonable intendment should be sustained to promote and fulfill this noble and
compassionate objectives of the law.
In the case of Spouses William Genato and Rebecca Genato vs Rita Viola, G.R. No.
169706, February 5, 2010, where Supreme Court ruled that Jurisprudence directs us to look
beyond the form and into the substance so as to render substantial justice to the parties and
determine speedily and inexpensively the actual merits of the controversy with least regard to
technicalities. Upon the Motion
SO ORDERED.
copy furnished:
1 Petition, Page 1