Grande vs Patricio

Case Digest: Grande vs. Antonio G.R. No. 206248 : February 18, 2014 GRACE M. GRANDE, Petitioner, v. PAR!C!" . AN"N!", Re#$on%ent. FACTS: Petitioner Grace Grande (Grande) and respondent Patricio Antonio (Antonio) for a period of time lived together as husband and wife although Antonio Antonio was at that time alread! married to someone else"#ut of this illicit relationship two sons were born: Andre $ewis and %erard Patric& both minors" The children were not e'pressl! recognied b! respondent as his o wn in the ecord of *irths of the children in the Civil egistr!" The The parties relationship however eventuall! turned sour and Grande left for the +nited States with her two children" This prompted respondent Antonio to file a Petition for %udicial Approval of ecognition with Pra!er to ta&e Parental Authorit! Authorit! Parental Ph!sical Custod! Correction,Change of Surname of -inors and for the .ssuance of /rit of Preliminar! .n0unction appending a notaried 1eed of 2oluntar! ecognition of Paternit! of the children" The TC held in favor of Antonio ordering the #ffice of the Cit! egistrar to cause the entr! of the name of Antonio as the father of the aforementioned minors in their respective Certificate of $ive *irth and causing the correction,change and,or annotation of the surnames of said minors in their Certificate of $ive *irth from Grande to Antonio3 granting the right of parental authorit! over the minors3 granting the primar! right and immediate custod! over the minors3 and ordering Grande to immediatel! surrender the persons and custod! of the minors to Antonio"  Aggrieved petitioner Grande moved for for reconsideration" 4owever her motion was denied b! the trial court" Petitioner Grande then filed an appeal with the CA attributing grave error on the part o f the TC for allegedl! ruling contrar! to the la w and 0urisprudence respecting the grant of sole custod! to the mother over her illegitimate children" The CA modified in part the 1ecision of the TC directing the #ffices of the Civil egistrar General and the Cit! Civil egistrar of -a&ati Cit! to enter the surname Antonio as the surname of the minors in their respective certificates of live birth and record the same in the egister of *irths3 ordering Antonio to deliver the custod! to their mother3 Antonio shall have visitorial rights upon Grandes consent3 parties are directed to give and share in support of the minor children" The appellate court however maintained that the legal conse5uence of the recognition made b! respondent Antonio that he is the father of the minors ta&en in con0unction with the universall! protected 6best7interest7of7the7child6 clause compels the use b! the children of the surname 6A8T#8.#"6 8ot satisfied with the CAs 1ecision petitioner Grande interposed a partial motion for reconsideration particularl! assailing the order of the CA insofar as it decreed the change of  the minors surname to 6Antonio"6 /hen her motion was denied petitioner came to this Court via the present petition" ISSUE: Whether or not the father has the right to compel the use of his surname by his illegitimate children upon his recognition of their filiation. &E'D: (e $etition i# $artia))y *rante% C!+!' 'A Fi)ation Art. 1-6 o t(e Fa/i)y Co%e, ori*ina))y $(ra#e% a# o))o#:

.llegitimate children shall use the surname and shall be under the parental authorit! of their mother and shall be entitled to support in conformit! with this Code" The legitime of each illegitimate child shall consist of one7half of the legitime of a legitimate child" 9'cept for this modification all other provisions in the Civil Code governing successional rights shall remain in force" This provision was later amended on -arch ; <==> b! A ;