Dennis Padilla questions Claudia Barretto’s change of surname
Dennis Padilla was the picture of a troubled father when he went to the Quezon City Regional Trial Court Branch 226 on Friday, August 1, to file a petition that would reverse a court decision allowing his daughter Claudia Barretto to use Barretto, not Baldivia (Dennis’ real surname) as her legal name.
The comedian, accompanied by his lawyer, JV Bautista, said he sees no reason why Claudia should change her family name because he is her father and would like to give her (and his other children) his legal name.
“Ang ipinaglalaban ko dito ay tatay nila ako,” Dennis said.
Four reasons
Atty. Bautista, who believes in Dennis’ cause so much, he agreed to work on the case pro bono, explained that the court’s decision allowing Claudia to drop Baldivia as her surname and replace it with Barretto, is not valid based on the following grounds:
1. Claudia is a minor (15 years old) and has no personality to petition for a change of name;
2. Dennis was excluded from the proceedings and his right to due process was violated;
3. The petition failed to put Claudia’s alias – Claudia Barretto – in the title and
4. The petition did not comply with the “jurisdictional requirement under Section 3, Rule 103 of the Rules of Court.”
Bautista explains that the last item refers to time when the hearing on the change of name should occur.
“Kailangan maganap ito after four months mula ng lumabas ang huling publication, which was on Oct. 28, 2013. Pero nagkaroon ng hearing noong November.”
Pity the children
Legalities aside, Dennis pities his children, because he believes they are too young to have these problems.
“Nagulat na lang ako ng nakita ko ang affidavit ni Claudia (which her mom, Marjorie Barretto filed). Sabi ko sa kanya, you’re too young to understand kung anong nakalagay doon. Mababait ang mga anak ko, masunurin sa ina.”
He adds that he has since lost touch with Claudia because she has changed her mobile phone number. He has not gone to their house because Dennis fears he is not welcome there.
“Subdivision yon. Kung ayaw ng may-ari ng bahay na papasukin ka, di ka makakapasok. So hindi na ako nag-try.”
Birthday get-together
Dennis adds that the last time he saw his children was on his birthday in February this year. He added that Julia and Claudia never told him they have filed a petition for a change of name six months earlier.
“Akala ko everything was okay. Ang kinasasama ng loob ko, the petition was filed in August (2013). Hindi nila sinabi sa akin na ganon (he learned about the petiitons through a friend from Quezon City Hall). Kapag nasabi nila yon sa akin nung February (2014) , mas maaga kong nai-file ang motion namin.”
He doesn’t understand why his family has to go through all these problems.
“Legal naman ang family name ko. Nagagamit naman nila ang Barretto sa screen name nila. Hindi naman ako nakakabawas sa pagkatao nila. Ang legal name ang ginagamit mula ng ipinanganak sila, sa school, sa passport.”
Julia’s reply
When he talked to Julia about it, Dennis said the actress’ reply was, “By law, I can change my family name.”
Dennis countered this with, “What do you understand about the law? You’re too young!”
Dennis, with Atty. Bautista by his side, is ready to present his arguments before the court in a formal hearing days from now.
