CHANGE OF NAME

Where to file?

RTC of the province in which he resides.

When to file and Who can file?

A person can effect a change of name using valid and meritorious grounds including:

1. Name is ridiculous, tainted with dishonor and extremely difficult to write or pronounce;

2. Consequence of a change of status; e.g. legitimated child;

3. Necessity to avoid confusion;

4. Having continuously used and been known since childhood by a Filipino name, unaware

of her alien parentage;

5. A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good

faith and without prejudicing anybody.

How to file?

Any person wishing to change his name shall file a petition to the proper courts. Petition shall be
signed and verified by person desiring his name changed or some other person in his behalf.

Requirement of verification is formal, NOT a jurisdictional requisite. It is not a ground for

dismissing petition.

It shall set forth:

1. That petitioner is a bonafide resident of the province where petition is filed for at least

three years prior to the date of filing;

2. All names by which petitioner is known;

3. Cause for change of name;

4. Name asked for.

Jurisdictional Requirements

1. The verified petition should be published for three successive weeks in some newspaper

of general circulation in the province;

2. That both the title and caption of the petition aad its body shall recite: the name /names or aliases
of the applicant, cause for which the change of name is sought and new name asked for. (Secan Kok
vs. Republic).

All the names or aliases must appear in the title or caption of the petition, because the reader

usually merely glances at the title of the petition and may only proceed to read the entire petition

if the title is of interest to him. (Secan Kok vs. Republic).

Effects of Discrepancy in the Petition and Published Order

The defect in the petition and the order, as to the spelling of the name of the petitioner, is

substantial, because it did not correctly identify the party to said proceedings.

Contents of Petition:

Petition to change of name shall include the following contents:

TITLE:

1. Official name (birth certificate) – be very particular with the spelling because it may

avoid or annul the proceedings; it is jurisdictional.

2. All aliases;

3. Name asked for.