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Constancia C. Tolentino vs. Court of Appeals 162 SCRA 66

CONSTANCIA C. TOLENTINO, petitioner, vs. COURT OF APPEALS and CONSUELO DAVID, respondents.

G.R. No. L-41427 | 1988-06-10

D E C I S I O N
 
GUTIERREZ, JR., J.:

The issue in this petition for review on certiorari is whether or not a woman who has been legally divorced from her husband may be enjoined by the latter's present wife from using the surname of her former husband.

A complaint was filed by petitioner Constancia C. Tolentino with the then Court of First Instance of Quezon City against Consuelo David for the purpose of stopping and enjoining her by injunction from using the surname Tolentino. The complaint also contained a claim for damages which the petitioner, however, waived. An application for a writ of preliminary injunction was filed as well....