B.
Change of Name and Cancellation/Correction of Entries
Summary of the Procedure under Judicial Change of Name and Cancellation of Entries
Rule 103 & Rule 108
FILING OF THE
PETITION
Filed with the Regional
Trial Court of the
province where the
Judicial Change of
petitioner has been
Name (Rule 103) residing for 3 years
prior to the filing of the
petition.
Filed with the Court of
Judicial First Instance of the
Cancellation or province where the
Correction of corresponding civil
Entries (Rule 108) registry is located.
NOTICE
OPPOSITION
REQUIREMENTS
The court shall set the date of hearing
The following may oppose the
which shall not be within thirty (30) days
prior to an election nor within four (4) petition:
month after the last publication of the
Any interested person
notice.
The Solicitor General or the
The copy of the order shall be published
fiscal.
before the hearing at least once a week for
three (3) successive weeks in some
newspaper of general circulation published
in the province.
The court shall: The following may oppose the
1.Fix the time and place for the hearing; petition under this rule:
2.Cause reasonable notice thereof to be 1. Civil Registrar
given to the persons named in the
petition; and 2.Any Person having or
claiming any interest under
3.Cause the order to be published once a
week for three (3) consecutive weeks in the entry whose cancellation
a newspaper of general circulation in or correction is sought.
the province.
(Section 5, Rule 108)
 HEARING
In the hearing, the following must
be proven:
1. That the order of hearing has
been published pursuant to Section
3, Rule 103 of the Rules of Court;
and
2. That the allegations of the
petition are true.
3. That there is proper and
reasonable cause for changing the
name of the petitioner.
Expediting proceedings
The court may make orders
expediting the proceedings, and
may also grant preliminary
injunction for the preservation of the
rights of the parties pending such
proceedings
JUDGMENT APPEAL
The remedy for the aggrieved
The judgement and orders shall be
party is to file an ordinary
furnished to the civil registrar of the
appeal.
municipality or city where the court
The appeal shall be taken
issuing the same is situated. The civil
within fifteen (15) days from
registrar must enter such judgement to
notice of the judgment or final
the civil registrar.
order appealed from.
The remedy for the aggrieved
After hearing, the court may either: party is to file an ordinary
1. Dismiss the petition; or appeal
2. Issue an order granting the cancellation or The appeal shall be taken
correction prayed for. within fifteen (15) days from
In either case, a certified copy of the judgment notice of the judgment or
shall be served upon the civil registrar
final order appealed from.
concerned who shall annotated the same in his
record.
 Summary of the Procedure under Administrative Change of Name and Correction of
Entries
R.A. 9048 as amended by R.A. 10172

FILING OF PETITION
Filing of the petition with
Local Civil Registry Office
(LCRO) where the record
containing the clerical
error to be corrected or
first name to be changed is
kept.
PROCESSING OF THE
PETITION
The C/MR shall examine
and process the petition.
DECISION
The C/MR shall act on the petition and
shall render a decision not later than five
(5) working days after the completion of
the posting and/or publication
requirement.
The C/MR shall transmit a copy of his
decision to the Office of the Civil
Registrar General within five (5) working
days from the date of the decision.

APPROVE DENY

The CRG may impugn

the approval made by Appeal the decision to the
the C/MR Civil Registrar General
within ten (10) working days
after the receipt of the
decision
To appeal the decision, File a petition with the
within fifteen (15) working appropriate court If the appeal is denied,
days from receipt of the petitioner may file a
decision with the CRG petition with the
appropriate court
Overview

The proceedings with respect to the Change of Name and Cancellation or

Correction of Entries can be either:
1. Judicial; or
2. Administrative.

Judicial Change of Name and Cancellation or Correction of Entries is governed

by two different Rules under the Rules of Court:
1. Rule 103- Judicial Change of Name
2. Rule 108- Judicial Cancellation or Correction of Entries in the Civil Registry.

On the other hand, R.A. 9048 as amended by R.A. 10172, governs both:
1. Administrative Change of Name; and
2. Administrative Cancellation or Correction of Entries such as:
a. Day and month of the date of birth; or
b. Gender of a person.

1. Judicial Change of Name (Rule 103, Rules of Court)

The procedure under Rule 103 governs judicial petitions for change of given
name or surname, or both, pursuant to Article 376 of the Civil Code which provides that
“No person can change his name or surname without judicial authority.”

However, the said provision, in addition to Article 412 of the Civil Code, has
been amended by RA 9048 (as amended by R.A. 10172) which excluded the change of
first name and nickname from the coverage of Rule 103 and Rule 108 of the Rules of
Court, until and unless an administrative petition for change of name is first filed and
subsequently denied. In sum, the remedy and the proceedings regulating change of first
name or nickname are primarily administrative in nature, not judicial.

Who files

The following may file a petition under Rule 103 of the Rules of Court:
1. the person desiring his name changed; or
2. some other person on his behalf. 1

1
Section 2, Rule 103 of the Rules of Court
 A petition for change name under Rule 103 does not require that the petitioner
shall be a Filipino citizen. Aliens may file a petition to change their name under Rule
103.2 However, such alien must be domiciled in the Philippines.

Where to File

The Regional Trial Court of the province where the petitioner has been residing
for 3 years prior to the filing of the petition. 3

Filing requirements

Contents of the Petition

1. That the petitioner has been a bona fide resident of the province where the
petition is filed for at least 3 years prior to the date of such filing;
2. The cause for which the change of the petitioner's name is sought;
3. The name asked for; 4
4. All names and aliases which petitioner is known5

Form
The title of the petition must include all of the petitioner’s name, aliases, and
name asked for. 6 The non-inclusion of all the names and/or alias of the applicant in the
caption of the order or the title of the petition defeats the very purpose of the required
application.7

Verification
The petition shall be signed and verified by the person desiring his name
changed or some other person in his behalf. However, the requirements of verification
are formal, not jurisdictional requisite, and not a ground for dismissing petition.

Notice Requirements

If the petition filed is sufficient in form and substance, the court shall, by an order:
1. Recite the purpose of the petition
2. Fix a date and place for the hearing
3. Direct that a copy of the order shall be published8

2
Yu v. Republic of the Philippines, G.R. No. L-20874, May 25, 1966
3
Section 1, Rule 103
4
Ibid
5
Republic v. Zosa, G.R. No. L-48762, September 12, 1988;
Secan Kok v. Republic of the Philippines, GR. No. L-27621, August 30, 1973.
6
Go v. Republic, G.R. No. 31760, May 25 1977, 77 SCRA 65.
7
Republic v. Tanada, G.R. No. L-31563, November 29, 1971
8
Section 3, Rule 103 of the Rules of Court
Date of Hearing
The date of hearing shall not be within thirty (30) days prior to an election nor
within four (4) month after the last publication of the notice. 9

Publication Requirement
The copy of the order shall be published before the hearing at least once a week
for three (3) successive weeks in some newspaper of general circulation published in the
province, as the court shall deem best.10

The petition for change of name under Rule 103 is an in rem proceeding. Thus, it
must afford the State and all other interested parties the opportunity to oppose the
petition. The decision binds not only the parties impleaded but the whole world. It is
the publication of such notice that brings in the whole world as a party in the case and
vests the court with jurisdiction to hear and decide it.11

Note: The proceeding for judicial change of name is adversarial in nature. A proceeding
is adversarial where the party seeking relief has given legal warning to the other party
and affording an opportunity to contest it. Even if no person comes forward and
actually contests it, mere opportunity once given already renders the proceeding
adversarial.

Opposition

The following may appear at the hearing and oppose the petition filed under Rule 103:
1. Any interested person
2. The Solicitor General or the proper provincial or city fiscal shall appear on
behalf of the Government of the Republic. 12

Hearing

In the hearing, the following must be proven:

1. That the order of hearing has been published pursuant to Section 3, Rule 103
of the Rules of Court; and
2. That the allegations of the petition are true.
3. That there is proper and reasonable cause for changing the name of the
petitioner.13

9
Ibid
10
Section 3, Rule 103 of the Rules of Court
11
Republic v. Mercadera, supra. 
12
Section 4, Rule 103 of the Rules of Court
13
Section 5, Rule 103 of the Rules of Court
Judgment and Effect Thereof

Judgment
Upon satisfactory proof in open court on the things that need to be proven under
Section 5, Rule 103 of the Rules of Court, the court shall adjudge that such name be
changed in accordance with the prayer of the petition.

Service of Judgement
The judgement and orders shall be furnished to the civil registrar of the
municipality or city where the court issuing the same is situated. The civil registrar
must enter such judgement to the civil registrar.

Effect of Judgment
A change of name under this Rule does not define or effect a change of one’s
existing family relations of in the rights and duties flowing therefrom. It does not alter
one’s legal capacity, civil status or citizenship; what is altered is only the name. What
would be altered is the word or group of words by which he is identified and
distinguished from the rest of his fellow men. 14 A change of name granted by the court
affects only a petitioner. A separate petition for change of name must be filed for
his/her spouse and children. 15

Appeal

The remedy for the aggrieved party is to file an ordinary appeal. The appeal shall
be taken within fifteen (15) days from notice of the judgment or final order appealed
from

14
Republic vs. CA and Maximo Wong, G.R. No. 97906 May 21, 1992
15
Secan Kok v. Republic of the Philippines, G.R. No. L-27621, August 30, 1973
2. Judicial Cancellation or Correction of Entries (Rule
108, Rules of Court)
Rule 108 provides for the procedure for judicial correction and change of entries
in the civil register. The substantive basis for this rule is Article 412 of the Civil Code
which provides that “No entry in a civil register shall be changed or corrected, without
a judicial order.”

R.A. No. 9048 as amended by R.A. 10172 removed from the ambit of Rule 108 the
correction or changing of such errors in entries of the civil register. Hence, what is left
for the scope of operation of Rule 108 are substantial changes and corrections in entries
of the civil register.

Who files

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 relating thereto. 16

Where to File

The petition for judicial cancellation and correction of entries is filed with the
Court of First Instance of the province where the corresponding civil registry is
located.17

Filing requirements

Form
A petition for the cancellation or correction of entry under Rule 108 must be a
verified petition.

Period to File Petition

Rule 108 does not specifically provide for any fixed time to file a petition for
the cancellation or correction of entry. However, in the case of Lee v. Court of Appeals18,
the governing provision is Article 1149 of the New Civil Code which provides that “All
other actions whose periods are not fixed in this Code or in other laws must be brought
within five years from the time the right of action accrues.”

Parties to the Petition

16
Section 1, Rule 108 of the Rules of Court
17
Ibid.
18
G.R. No. 118387, October 11, 2001
 The following shall be impleaded in a petition for the cancellation or
correction of entry under Rule 108:
1. Civil Registrar; and
2. All persons who have or claim any interest which would be affected thereby.

Failure to implead the indispensable parties will cause the petition to be fatally
defective and can be subject to dismissal. However, such defect may be cured in the
following cases by compliance of the notice and publication requirement as provided by
Section 4 of Rule 108:
1. Earnest efforts were made by petitioners in bringing to court all possible
interested parties;
2. Where the interested parties themselves initiated corrections proceedings;
3. When there is no actual or presumptive awareness of the existence of the
interested parties19; or
4. When a party is inadvertently left out.

Notice Requirements

Under Section 4, Rules 108 of the Rules of Court, upon filing the petition, the court shall,
by an order:
1. Fix the time and place for the hearing;
2. Cause reasonable notice thereof to be given to the persons named in the
petition; and
3. Cause the order to be published once a week for three (3) consecutive weeks in
a newspaper of general circulation in the province.

Opposition

Who may oppose

The following may oppose the petition under this rule:
1. Civil Registrar
2. Any Person having or claiming any interest under the entry whose
cancellation or correction is sought. (Section 5, Rule 108)

Period to Oppose
The above-mentioned party/parties may oppose the petition within fifteen
(15) days from notice of the petition, or from the last date of publication of such notice. 20

Hearing

19
Barco vs CA, G.R. No. 120587, January 20, 2004
20
Section 5, Rule 108 of the Rules of Court
Expediting proceedings
In a petition for the cancellation or correction of entry under Rule 108, The
court may make orders expediting the proceedings, and may also grant preliminary
injunction for the preservation of the rights of the parties pending such proceedings. 21

Judgment

After hearing, the court may either:

1. Dismiss the petition; or
2. Issue an order granting the cancellation or correction prayed for.

In either case, a certified copy of the judgment shall be served upon the civil
registrar concerned who shall annotated the same in his record. 22

Appeal

The remedy for the aggrieved party is to file an ordinary appeal. The appeal
shall be taken within fifteen (15) days from notice of the judgment or final order
appealed from.

21
Section 6, Rule 108 of the Rules of Court
22
Section 7, Rule 108 of the Rules of Court
3. Administrative Change of Name and Cancellation or
Correction of Entries (R.A. 9048 as amended by R.A.
10172)
R.A. No. 9048 governs the change of first name. This was further amended by
R.A. No. 10172 which expanded the scope of R.A. 9048 and now includes the change of
the day and month in the date of birth or sex of a person. It vests the power and
authority to entertain petitions for such changes to the city or municipal civil registrar
or consul general concerned. Under the law, jurisdiction over applications for change of
first name, day and month in the date of birth or sex of a person is now primarily
lodged with the aforementioned administrative officers.
A review of the deliberations on R.A. No. 9048 as amended clearly shows that it
was enacted to give the people an option to have the erroneous entries in their civil
records corrected via an administrative proceeding before the local civil registrar that is
less expensive and more expeditious.

Who can file

The following may file a petition under R.A. 9048 as amended by R.A. 10172:
1. 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; or
2. If the petitioner is a minor or physically or mentally incapacitated person, the
petition may be filed on his behalf by the following:
 Spouse;
 His children;
 Parents;
 Brothers;
 Sisters;
 Grandparents;
 Guardians; or
 Persons duly authorized by law.

Note: A person is considered to have direct and personal interest when he is the owner
of the record, or the owner's spouse, children, parents, brothers, sisters, grandparents,
guardian, or any other person duly authorized by law or by the owner of the document
sought to be corrected.23

If what is sought is the correction of a clerical or typographical error in sex, the

petition shall be filed personally by the person affected by such error.

23
RA No. 9048, Implementing Rules and Regulations
Where to File

General Rule: The petition is generally filed with the Local Civil Registry Office
(LCRO) where the record containing the clerical error sought to be corrected is kept.

Exceptions:

1. In case the petitioner has already migrated to another place in the country
and it would not be practical for such party, in terms of transportation
expenses, time and effort to appear in person before the local civil registrar
keeping the documents to be corrected or changed, the petition may be filed,
in person, with the local civil registrar of the place where the interested party
is presently residing or domiciled. The two (2) local civil registrars concerned
will then communicate to facilitate the processing of the petition. If the
residence or domicile of the petitioner is different from where the civil
registry records are registered, said petitioner may file the petition in the
nearest LCRO in his area.

2. Citizens of the Philippines who are presently residing or domiciled in foreign

countries may file their petition, in person, with the nearest Philippine
Consulates.

Filing requirements

Form
The petition under this law must be verified. It must be in a form of an affidavit,
subscribed and sworn to before any person authorized by law to administer oaths. 24

Scope
One can file a petition under this law for correction of clerical or typographical
errors in the:
a) Name or nickname;
b) Day and month of birth; or
c) Sex of a person.

The following are not within the scope of R.A. 9048 as amended by R.A. 10172:
a) Nationality
b) Age
c) Status
d) Last name
24
Section 5, R.A. 9048 as amended
Contents
The affidavit shall set forth the following:
1. The facts necessary to establish the merits of the petition;
2. That the petitioner is competent to testify to the matters stated; and
3. The particular erroneous entry or entries, which are sought to be corrected
and/or the change sought to be made. (Section 5)

Supporting Documents
The petition shall be supported with the following documents:
1. A certified true machine copy of the certificate or of the page of the registry
book containing the entry or entries sought to be corrected or changed;
2. At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based; and
3. Other documents which the petitioner or the city or municipal civil registrar
or the consul general may consider relevant and necessary for the approval of
the petition. (Section 5)

If what is sought is the correction of erroneous entry concerning the date of birth
or the sex of a person, the petition shall be accompanied by the earliest school record or
earliest school documents such as, but not limited to:
1. Medical records;
2. Baptismal certificate; and
3. Other documents issued by religious authorities. (Section 5)

If what is sought is a change of gender, the petition shall be accompanied by a

certification issued by an accredited government physician attesting to the fact that the
petitioner has not undergone sex change or sex transplant.

Furthermore, the petitioner shall submit a certification from the appropriate law
enforcements, agencies that he has no pending case or no criminal record.

Notice Requirements

Publication Requirement
Publication is required for petition for change of first name and correction of sex
and day and/or month in the date of birth.
a) For a change of first name, the petition shall, in addition to the posting
requirements, be published at least once a week for two (2) consecutive weeks in
a newspaper of general circulation.
b) In the case of migrant petitioner, when the petition is for a change of first name,
the migrant petitioner shall publish the petition in a newspaper of general and
national circulation.
 c) In the case where a person's civil registry record or records were registered in the
Philippines or in any of the Philippine Consulates, but the persons presently
resides or is domiciled in a foreign country, posting and/or publication, as the
case may be, shall be done in the place where the petition is filed and in the place
where the record sought to be corrected is kept.

Posting Requirement
The petition shall be posted by the concerned City or Municipal Civil Registrar
(C/MCR), Consul General (CG) or District/Circuit Registrar (D/CR) in a conspicuous
place provided for that purpose for ten (10) consecutive days after he finds the
petition and its supporting documents sufficient in form and substance.

In the case where a person's civil registry record or records were registered in
the Philippines or in any of the Philippine Consulates, but the persons presently
resides or is domiciled in a foreign country, posting and/or publication, as the case
may be, shall be done in the place where the petition is filed and in the place where
the record sought to be corrected is kept.

Procedure

A. Duty of the City or Municipal Registrar with respect to the petition:

1. Examine the petition as to completeness of requirements and supporting
documents.
2. Determine whether or not the civil registry document, which is the subject of
the petition, forms part of the civil register of his office. If it is part of the civil
register of his office, he shall assume jurisdiction.
3. Receive the petition upon payment of the prescribed fees by the petitioner.
4. Ensure that posting or publication requirement is complied with.
5. Investigate and consider any third-party intervention to the petition.
6. Enter all petitions in the appropriate record book, as may be prescribed by the
CRG, indicating therein, among others, the following information:
a) Petition number
b) Name of petitioner
c) Type of petition
d) Date of petition
e) Date of receipt
f) Entry sought to be corrected/changed
g) Correction/Change made
h) Action taken or decision
7. Act on the petition within five (5) working days after the completion of the
posting and/or publication requirement.
 8. Record the decision in the appropriate record book, and shall transmit said
decision together with the records of proceedings to the Office of the Civil
Registrar-General (OCRG) within five (5) working days after the date of
decision.

B. After the transmission of the decision to the Office of the Civil Registrar General, the
latter may impugn the decision of the C/MCR within ten (10) working days after
receipt of the decision granting the petition.

Grounds in denying the petition:

a) The supporting documents are not authentic and genuine.
b) The City or Municipal Civil Registrar (C/MCR) has personal knowledge that a
similar petition is filed or pending in court or in any other LCRO.
c) The petition involves the same entry in the same document, which was
previously corrected or changed under this Order.
d) The petition involves the change of the status, sex, age or nationality of the
petitioner or of any person named in the document.
e) Such other grounds as the City or Municipal Civil Registrar (C/MCR) may
deem not proper for correction.

Appeal

Approved by City or Municipal Registrar

The approval by the C/MR may be impugned by the Office of the Civil Registrar
General. The remedy of the petitioner in this case is:
a. To appeal the decision, within fifteen (15) working days from receipt of the
decision, by way of reconsideration, with the Office of the Civil Registrar
General and shall be based only on the ground of new evidence discovered;
or
b. File the appropriate petition with the proper court within the same period of
time.

If the civil registrar general fails to exercise his power to impugn the decision of
the city or municipal civil registrar or of the consul general within the period
prescribed, which is 10 working days from receipt of decision granting the petition,
such decision shall become final and executory.

Denied by City or Municipal Registrar

The remedy of the petitioner if the petition is denied by the C/MR is to appeal
the decision to the Civil Registrar General within ten (10) working days after the
receipt of the decision on the following grounds:
 a. A new evidence is discovered, which when presented, shall materially
affect, alter, modify or reverse the decision of the C/MCR.
b. The denial of the C/MCR is erroneous or not supported with evidence.
c. The denial of the C/MCR is done with grave abuse of authority or
discretion.
If the appeal is denied, the only option left for the petitioner shall be to file the
appropriate petition with the proper court.

Note: When the petitioner fails to seasonably file the appeal, the disapproval of the
petition shall become final and executory. In such a case, the only option left for the
petitioner shall be to file the appropriate petition with the appropriate court.

Importance of the abovementioned proceedings

It is important to understand the procedural aspect on how to change one’s name

and to cancel or correct certain entries in the civil registry because it is a matter of public
interest. The State has an interest in the names borne by individuals and entries for
purposes of identification, and that a change of name is a privilege and not a right, so
that before a person can be authorized to change his name given him either in his
certificate of birth or civil registry, he must show proper or reasonable cause, or any
compelling reason which may justify such change. 25 Changing one’s name or cancelling
any entry in the civil registry is not a matter of right, an individual can only do so after
complying the procedural requirements discussed and to show that such change is
within the grounds as provided by law and jurisprudence.

25
In Re: Julian Lin Carulasan Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005