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Julia Barretto has the legal right to file a petition to change her surname

Kapunan, Garcia and Castillo law offices release a statement on behalf of their clients, Marjorie and Julia Barretto, explaining the petition to have Julia’s surname changed.

BY PATTY RAMIREZ

FRESH SCOOPS

7/14/2014 7:37 PM
Julia Barretto has the legal right to file a petition to change her surname


071414-julia_main.jpgMarjorie Barretto and daughter Julia, thru their lawyers, released a statement regarding Dennis Padilla’s reaction to their move to have Julia’s surname legally changed to Barretto

According to the statement, their move to file the petition had nothing to do with Dennis’ claim that this is because he is unable to support his children financially for the past years. 

It also said that Marjorie and Dennis’ union in 1997 was found null and void in 2009, because Marjorie discovered Dennis had a prior marriage in 1994. All these years, Marjorie kept her silence about this real ground for the nullification of her marriage with Dennis because she did not want to put her ex-husband in a bad light.

The statement also explained that Julia only wants to formalize her “Barretto” name in the NSO records to avoid confusion in the public’s mind should not be taken against the teen star.

The full contents of the Marjorie and Julia’s statement are detailed below: 


KAPUNAN GARCIA & CASTILLO LAW OFFICES
14 JULY 2014

FACTS ON JULIA BARRETTO:

Julia was born on 10 March 1997 BEFORE the marriage of her parents, Marjorie Barretto and Dennis Padilla, which marriage happened on 14 November 1997. 

Article 165 of the Family Code states that children conceived and born outside a valid marriage are illegitimate.  Meanwhile, Article 176 of the Family Code states that illegitimate children shall use the surname and shall be under the parental authority of the mother.

Julia’s first Birth Certificate registered in the NSO 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 in 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.

On 29 October 2009, the Regional Trial Court declared the marriage of Marjorie and Dennis as null and void on the ground that their marriage held on 14 November 1997 was BIGAMOUS. Based on NSO records obtained by Marjorie, she discovered that Dennis apparently had a prior marriage in 1994.  The Court was constrained to declare that their marriage was null and void.  This Court Order declaring Marjorie and Dennis’ marriage as null and void because of Dennis’ bigamy became final and executory many years ago.  All these years, Marjorie kept her silence about this real ground for the nullification of her marriage with Dennis because she did not want to put Dennis in a bad light.

Considering the declaration of the Court that the marriage of Marjorie and Dennis was bigamous and, therefore, void from the beginning, there is no marriage to speak of.  As stated, Article 165 of the Family Code declares that children conceived and born outside a valid marriage are illegitimate.  Julia is, therefore, illegitimate.  Her legitimation and her change of name to reflect “Baldivia” were legally flawed and without basis.

Dennis has always used the surname “Padilla” and never the surname “Baldivia”. Julia, on the other hand, has always publicly used the surname “Barretto”.  That Julia now wants to formalize this name in the NSO records to avoid confusion in the public’s mind should not be taken against Julia. 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.  In fact, Marjorie and Julia have remained silent about the matter of financial support even if, legally, Dennis should have been supporting his children with Marjorie.  If not for Dennis’ interview, the public would not have known the fact that Dennis has not been financially supporting his children with Marjorie for years now.  Certainly, Julia has never told anyone that Dennis has not been giving support. The fact is that Julia continues to recognize and respect Dennis as her father. 

To uphold the sub judice rule, the Firm will be filing an urgent ex-parte motion for gag order against Dennis.