Why Julia Barretto wants to change her real surname
After her father, Dennis Padilla expressed his disappointment over the petition of his daughter Julia Barretto’s camp to change her real surname from Baldivia (Dennis’ real family name) to Barretto, the young actress’ legal counsel, lawyer Lorna Kapunan, issued an explanation for the move.
Kapunan revealed that Dennis had a previous marriage before he tied the knot with Marjorie Barretto, Julia’ mom, on November 14, 1997, thus making the second marriage null and void.
Julia was born on March 10, 1997, eight months before Dennis and Marjorie got married.
Family Code
Kapunan cited Article 165 of the Family Code, which says, “children conceived and born outside a valid marriage are illegitimate.” However, Article 176 of the Family Code says “illegitimate children shall use the surname and shall be under the parental authority of the mother.”
Kapunan added that Julia can only be considered legitimate if Dennis and Marjorie’s marriage is valid.
“Julia’s first birth certificate registered in the NSO (National Statistics Office) clearly states that her original name is “Julia Francesca Barretto.” After the marriage of her parents, they proceeded to the Civil Registry of San Juan City to reflect the legitimation of Julia on the premise that the marriage of Marjorie and Dennis was valid. The “Baldivia” surname was reflected on her new birth certificate. As a consequence of such legitimation, Julia’s new Birth Certificate states her name as “Julia Francesca Barretto Baldivia.” However, the only way that she could have been validly 'legitimated' was if she was conceived and born at the time that her parents had no legal impediment to marry each other and then they subsequently entered into a valid marriage. This was not the case in Julia's situation. She could not have been validly legitimated,” the statement reads.
‘Flawed and without basis’
The statement further said that since the Regional Trial Court declared in 2009 that Dennis and Marjorie’s marriage is null and void, “Julia is, therefore, illegitimate,” on the basis of Article 165 of the Family Code.
“Her legitimation and her change of name to reflect ‘Baldivia’ were legally flawed and without basis.”
Kapunan clarified that Julia petitioned to formalize Barretto as her surname to “avoid confusion in the public’s mind,” as she has always used Barretto publicly.
“Julia’s petition to change her name in the NSO records is actually meant to prevent confusion. It is Julia’s legal right to file this Petition. It has nothing to do with the issue of financial support, as maliciously claimed by Dennis.”
Dennis’ side
Dennis admitted in a recent interview that the move to change Julia’s real surname hurt him. He also admitted that he has not been supporting his children for the past three years because of his unstable showbiz career.
“Nag-lie low ang career ko which was not my choice. But showbiz is like that; sometimes, you earn a lot; sometimes, you don’t; sometimes, medya lang. Even when Marjorie and I were newly separated, I still had to work so I could support them financially. Then, these past three years, talagang hindi na ako nakapagbigay because I have no more projects,” Dennis told Philippine Star columnist Ricky Lo.
Kapunan noted that Marjorie and Julia never told the public about Dennis’ lack of financial support. They will also be filing an urgent ex-parte motion for a gag order against Dennis.
