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Venue
Nakasaad sa Section 1 of Rule 103 of the Rules of Court, ang isang taong
nagnanais na baguhin ang kanyang pangalan ay dapat magpresenta ng
petisyon sa Regional Trial Court sa probinsya or lugar na kung saan siya
ay nakatira, o kung sa siyudad ng Maynila, sa Juvenile and Domestic
Relations Court.
Form
Ayon sa Section 3 of Rule 103 of the Rules of Court, ang form ng petisyon
ay kailangang sapat sa anyo at sangkap.
Una, na ang petitioner ay isang bona fide resident ng probinsya kung saan
ang petisyon ay inihain ng hindi bababa sa tatlong (3) taon bago ang petsa
ng naturang paghahain;
Jurisdictional Requirements
Ang Seksyon 2 at 3 ay nagbibigay ng hurisdiksyon mga kinakailangan
bago ang isang Petisyon para sa Pagbabago ng Pangalan ay maaaring
magpatuloy:
Karagdagang kinakailangan:
Para maging epektibo ang publikasyong iyon, ito dapat bigkasin,
bukod sa iba pa, ang sumusunod na mga katotohanan:
(1) ang pangalan o mga pangalan ng aplikante,
(2) ang dahilan kung bakit ang pagbabago ng pangalan ay
hinahanap, at
(3) hiniling ang bagong pangalan.
Procedure
So what is the procedure in a petition for change of name?
As mentioned earlier,
First the petition must be sufficient in form and substance.
Second, If the petition filed is sufficient in form and substance, the court, by
an order reciting the purpose of the petition, shall fix a date and place for
the hearing thereof.
Third, the Court shall direct that a copy of the order 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.
The Hearing should be within 30 days prior to an election nor within 4
months after the last publication of notice. During the hearing – any
interested
person may appear and oppose the petition. Solicitor General or the proper
provincial or city fiscal will appear on behalf of the government. In here, the
Court will determine the sufficiency and propriety of the grounds for the
change of name.
And upon satisfactory proof in open court on the date fixed in the order that
such order has been published as directed and that the allegations of the
petition are true, the court shall, if proper and reasonable cause appears for
changing the name of the petitioner, adjudge that such name be changed
in accordance with the prayer of the petition.
The judgements or orders rendered in connection with the Petition will be
furnished to the Civil Registrar of the municipality of city where the court is
situated.
Such Civil Registrar will enter the judgement or order in the civil register.
This civil registrar pertains to where the petitioner’s live birth is recorded,
e.g., petitioner resides in Manila, he was born in Baguio, the judgement will
be entered in Civil Registrar of Baguio
Since andito naman na tayo Idol Papi, let me share lang other cases which
are related to Change of Name. Baka kasi may mga viewers tayong
nahihiyang magsabi ng kanilang hinaing.
Facts: Certificate of Live Birth shows that her full name is “Anita Sy” when
in fact she is allegedly known to her family and friends as “Norma S.
Lugsanay.
Even substantial errors in a civil registry may be corrected and the true
facts established provided the parties aggrieved by the error avail
themselves of the appropriate adversary proceeding.
It is undoubtedly true that if the subject matter of a petition is not for the
correction of clerical errors of a harmless and innocuous nature, but one
involving nationality or citizenship, which is indisputably substantial as well
as controverted, affirmative relief cannot be granted in a proceeding
summary in nature.
Guide Question: Is the lower court’s order granting the petition founded on
proper and reasonable cause as required by Section 5 of Rule 103 of the
New Rules of Court?