RULE 103 RULE 108
SCOPE Refers to a change of name amounting Pertains to change or corrections in the
to a substantial correction. It is not a
mere clerical error.
WHO MAY FILE Section 1. A person desiring to change
his name shall present the petition to
the Court of First Instance of the
province in which he resides, or, in the
City of Manila, to the Juvenile and
Domestic Relations Court.
RA 9048 as amended by RA 10172
These laws cover the cancellation
civil entries. Those entries pertaining to
one’s status or citizenship, and year of
birth for example. These are substantial
corrections in the civil register other
than your name.
Section 1. Any person interested in any
act, event, order or decree concerning
the civil status of persons which has
been recorded in the civil register, may
file a verified petition for the
cancellation or correction of any entry
or correction of entries in the civil
register. Section 1 of RA 10172
provides that no entry in the civil
register shall be changed or
corrected without a judicial order
except:
1. In cases of clerical or
typographical errors and change
or first name or nickname. NOTE:
Surname is not indicated here
because it relates to filiation. You
apply Rule 103 since it is a
substantial change
2. Day and month in the date of
one’s birth. NOTE: Year is not
included because it is a substantial
change. You apply Rule 108
3. Where it is patently clear that
there was a clerical or
typographical error or mistake in
the entry, which can be corrected
or changed by the concerned city
or municipal civil registrar or
consul general.
Sec. 3. Any person having direct
and personal interest in the
correction of a clerical or
typographical error in an entry
and/or change of first name or
nickname in the civil register may

GROUNDS Jurisprudence, through Republic vs.
Hernandez, has recognized the
following grounds to warrant a change
of name:
1. The name is ridiculous, dishonorable
or difficult to right or pronounce.
2. The change of name is a result of a
legal consequence.
3. The change will avoid confusion.
4. When one has continually used and
has been known since childhood of a
Filipino name and was unaware of alien
parentage.
5. A sincere desired to adopt a Filipino
name for the purpose to erase signs of
alienage, all in good faith and without
prejudice to anybody.
6. The surname causes embarrassment
relating thereto, with the Court of First
Instance (or RTC) of the province where
the corresponding civil registry is
located.
Upon good and valid grounds, the
following entries in the civil register may
be cancelled or corrected: (a) births: (b)
marriage; (c) deaths; (d) legal
separations; (e) judgments of
annulments of marriage; (f) judgments
declaring marriages void from the
beginning; (g) legitimations; (h)
adoptions; (i) acknowledgments of
natural children; (j) naturalization; (k)
election, loss or recovery of citizenship;
(l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary
emancipation of a minor; and (o)
changes of name.
file, in person, a verified petition
with the local civil registry office
of the city or municipality where
the record being sought to be
corrected or changed is kept.
(UNDER RA 9048, not changed by
RA 10172)
Generally, both laws cater to
clerical or typographical errors.
The phrase clerical or
typographical error refers to a
misspelled name, place of birth or
the like which is visible to the eyes
of obvious to the understanding
and can be corrected only through
reference with other existing
records. Provided that no
correction involves the change of
one’s nationality, age, status, or
sex of the petitioner.
Sec. 2(3). Clerical or typographical
errors are defined as a mistake
committed in the performance of
clerical work, in writing, copying,
transcribing or writing an entry in
the civil register that is harmless
and innocuous such as misspelled
name, place of birth, mistake in
the entry of the day and month in
the date of birth or mistake of the
sex of the person, or the like
which is visible to the eye and can
be corrected by reference to some
other record or records.
Sec 3. No correction must involve
the change of nationality, age or
status of the petitioner. Remedy:
You go to Art. 108.
Sec. 4. The petition for change of
first name or nickname may be
allowed in any of the following
cases:
1. The petitioner finds the first
name or nickname to be
ridiculous, tainted with dishonor
or extremely difficult to write or
pronounce.
2. The new first name or
nickname has been habitually and
continuously used by the
petitioner and he has been
publicly known by that by that
first name or nickname in the
community: or
3. The change will avoid
confusion.