Specpro Finals Notes

University of Cebu School of Law | 2nd Semester, A.Y.
2021-2022 | Special Proceedings
● As notice to all, publication serves to indefinitely

SPECIAL PROCEEDINGS bar all who might make an objection.
FINALS NOTES & CASE SUMMARIES ● “It is the publication of such notice that brings in the
whole world as a party in the case and vests the
Atty. Edgardo Luardo Jr. | THU 8-10PM | MC court with jurisdiction to hear and decide it.”
CHANGE OF NAME, CORRECTION OF Official Name

CLERICAL ERRORS, AND CANCELLATION OR
CORRECTION OF ENTRIES IN CIVIL REGISTRY The only name that may be changed is the true or
official name recorded in the civil register.
RULE 103 A person’s name in the civil register, for legal

purposes, is his real name.
Change of Name ● because the civil register is an official record of the
civil status of persons.
Purpose of the Rule Siong v. Republic
Rule 103 procedurally governs judicial petitions for DOCTRINE: For purposes of an application for
change of given name or surname, or both, pursuant to change of name under Article 376 of the Civil Code,
Article 376 of the Civil Code, which prohibits persons the only name that may be changed is the true or
from changing one's name or surname without judicial official name recorded in the civil register. That
authority. name in the civil register, for legal purposes, is his
real name. A name given to a person in the
Judicial permission for a change of name church records or elsewhere or by which he is
● Objective: prevent fraud and ensure a record of known in the community—when at variance with
the change by virtue of a court decree that entered in the civil register—is unofficial and
● The rule involves substantial changes in a person’s cannot be recognized as his real name.
name.
● The state has an interest in the names borne by FACTS: Petitioner, a Chinese resident of Dumaguete
individuals and entities for purposes of City, bears a number of names: (1) Jesus Ng, in his
identification. birth certificate and certificate of residence (2) Jesus
Uy Keng Lee, in his school records,, (3) Uy Keng Lee
A change in name is a privilege, and not a right. Jesus, also in his school records, (4) Keng Lee Uy, to
● Before a person can be authorized to change the his friends and to the general public, (5) Uy Keng
name given him either in his certificate of birth or in Lee, in his income tax returns, and (6) Jesus Ng Yao
the civil registry he must show proper or Siong, in his alien certificate of registration. These
reasonable cause or any compelling reason divers names, so his petition avers, “had caused
which may justify such change. much confusion in his school records and
unnecessary delay and embarrassment to him in his
This rule provides the procedure for an independent dealings with the public”. To obviate all these,
special proceeding in court to establish the status of a petitioner would want to be known only by one name
person involving his relations with others, that is, his — Keng Lee Uy — and accordingly petitioned that
legal position in, or with regard to, the rest of the the Negros Oriental court authorize the change of all
community. the other names to Keng Lee Uy.
● In petitions for change of name, a person avails of
a remedy to alter the “designation by which he is ISSUE: Whether or not there is necessity for the
known and called in the community in which he change of name to Keng Lee Uy and that petitioner
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lives and is best known”. is guilty of a violation of the laws regarding the use of
names and surname
When granted, a person's identity and interactions are
affected as he bears a new “label or appellation for the RULING: YES, pursuant to the Rules of Court, in
convenience of the world at large in addressing him, or relation to Article 376 & Article 408 of the Civil
in speaking of, or dealing with him”. Code
This failure in the heading of the application to give
Nature of the Proceedings the true name sought to be changed is fundamental.
The proceeding is an action in rem. For purposes of an application for change of name
under Article 376 of the Civil Code, the only name
● Requires publication of the order issued by the that may be changed is the true or official name
court to afford the State and all other interested recorded in the civil register.
parties to oppose the petition.
● When complied with, the decision binds not only Petitioner himself admits that he is known by all
the parties impleaded but the whole world. these names. This gives rise to the necessity of
including his aliases in the title of the petition —
not only in the body thereof. So that, the title of this
petition should read “In the matter of the change of
ALVEZ | BAIT-IT | CANILLO | COBARDE | ENOLPE | ESBER | FALCONE | GENSON | LAMBUJON | MALAZARTE | MARTINEZ | OLIVA | TUDTUD | VILLA 1
University of Cebu School of Law | 2nd Semester, A.Y. 2021-2022 | Special Proceedings
even require that the citizenship of the petitioner be

name of Jesus Ng, otherwise known as Jesus Ng
stated in his petition.
Yao Siong, Jesus Uy Keng Lee, Uy Keng Lee Jesus,
It is enough that the petition be verified, signed by the
Keng Lee Uy and Uy Keng Lee”
petitioner or some other person in his behalf, and set
For a publication of a petition for a change of name,
forth (a) that the petitioner has been a bona fide
to be valid, the title thereof should include, first, his
resident of the province where the petition is filed for
real name, and second, his aliases, if any.
at least three (3) years prior to the date of filing; (b)
The petition and petitioner's testimony are one in the the cause for which the change of name is sought;
claim that his various names caused much confusion and (c) the name asked for (Section 2).
in the school records and unnecessary delay and
embarrassment to him in his dealings with the public. The broad general doctrine is that the status of an
This does not constitute proper and reasonable alien individual is governed and controlled by the lex
justification to legally authorize a change of name for domicilii. Implicit in this precept is that an alien may
him. be allowed to change his name here only if he be
domiciled in the Philippines.
Where to File Petition An alien who temporarily stays in the Philippines may
not therefore avail of the right to change his name. It
Section 1. Venue. — A person desiring to change is to say that change of name is not temporary in
his name shall present the petition to the Court of nature; the new name may not be shunted aside at
First Instance of the province in which he resides, or, will.
in the City of Manila, to the Juvenile and Domestic
Relations Court. We, accordingly, lay down the rule that only aliens
domiciled in the Philippines may apply for change of
name in the Courts thereof.
A petition for change of name under Rule 103 should
be filed in the Regional Trial Court of the place Q: Is there a threshold number of years
where the petitioner resides. requirement?
A: Yes.
Who May File Petition
For alien petitioners who consider the Philippines as
their domicile, they are the ones who could petition
When the rule refers to a “person”, it refers to all
for a change of name. Domicile, meaning that the
natural persons and not just Filipino citizens. It
Philippines is their permanent residence, they have
includes:
every intention of returning to their home in the
1. an alien domiciled in the Philippines; and
country. The requirement is at least 3 years before
2. an adopted child.
filing. If they did not meet the threshold of 3 years,
they are considered as temporary aliens.
Tin v. Republic
What is clear is, anyone, who desires to change his
DOCTRINE: Citizenship of the applicant is not a or her name, may file a petition for change of name
prerequisite for a petition to change name. Thus, under Rule 103, because Section 1 uses the generic
even an alien may petition for a change of name, word “person”. It means that even foreigners may file
provided that only aliens domiciled in the Philippine a petition for change of name under Rule 103.
may apply for change of name in the Courts thereof. However, regardless of the nationality of the
person, he or she should have at least three
FACTS: Petition to change the name of Ong Huan years of residence in the place where he or she
Tin to Teresita Tan (Special Proceeding 03521, files the petition.
Juvenile and Domestic Relations Court). Due
publication was had. The petition was set for hearing. In terms of the venue, the petition for change of
But, before the petition could be heard on the merits, name under Rule 103 is supposed to be filed with
the court, motu proprio, in its order of November 6, the RTC of the place of residence of the petitioner.
1962 expressed the opinion "that an alien cannot On the other hand, for purposes of establishing a
avail himself of the provisions of our Rules of Court venue under Rule 108, file the petition in the RTC in
relating to change of name" and thereupon denied the place where the LCR is located.
the petition. A move to reconsider was rejected in the
court's order of November 24, 1962. Offshoot is the Obviously, if you are a resident of the same place
present appeal. where your birth was recorded, that means that
regardless of the petition you file, either under Rule
ISSUE: Whether or not an alien may petition for a 103 or 108 petition, the same thing, you have to file it
change of name in that same RTC where you are residing which is
also where the LCR concerned is located.
RULING: YES. In a recent judicial test (In the Petition
for the Change of Name of JOSELITO YU, G. R. L-
20874, May 25, 1966) we held that Philippine
citizenship of the applicant is not a prerequisite for a
petition to change name; and that, accordingly, an
alien may petition for a change of name. Rule 103
does not say that only citizens of the Philippines may
petition for a change of name. The rule does not
The rule regarding the use of a child’s surname is

second only to the rule requiring that the child be
Grounds for Change of Name
placed in the best possible situation considering
his circumstances.
What is a proper factual premise of a Rule 103 - In Alfon v. Republic, a legitimate child was allowed
Petition for Change of Name? In other words, when to continue using the surname of her mother rather
can you file a Petition for Change of Name under than that of her legitimate father as it serves her
Rule 103? best interest and there is no legal obstacle to
prevent her from using the surname of her mother
1. Name is ridiculous, dishonorable, or extremely to which she is entitled
difficult to write or pronounce - In Calderon v. Republic, the SC upheld the best
2. Change results as a legal consequence, as in interest of the child and even allowed the use of a
legitimation surname different from that of the child’s father or
3. Change will avoid confusion mother.
4. When one has continuously used and been known - In Republic v. Capote, the SC allowed a minor to
since childhood by a Filipino name, and was change his surname to his mother’s since he was
unaware of alien parentage never recognized by his father. A change of name
5. Sincere desire to adopt Filipino name to erase will erase the impression that he was ever
signs of former alienage, all in good faith and recognized by his father.
without prejudicing anybody
6. Surname causes embarrassment and there is no Legitimate &
Illegitimate Children
showing that the desired change of name was for a Legitimated Children
fraudulent purpose or that the change of name
would prejudice public interest. Shall principally use the Shall use the surname
surname of the father of their mother
In granting or denying petitions for change of name, the
question of proper and reasonable cause is left to XPN: their father
the sound discretion of the court. The evidence recognizes their
presented need only be satisfactory to the court and not filiation, in which case
all the best evidence available. they may bear the
father’s surname
A special proceeding for a change of name involves a
judicious evaluation of the sufficiency and The Family Code gives An illegitimate child
propriety of the justifications advanced in support legitimate children the whose filiation is not
thereof, mindful of the consequent results in the event right to bear the surnames recognized by the
of its grant and with the sole prerogative for making of the father and the father bears only a
such determination being lodged in the courts. mother. given name and his
mother’s surname, and
Courts are also precluded from granting a petition for does not have a middle
change of name when such changes would affect name.
paternity and filiation. A change of name should not - The name of the
be permitted if it will give a false impression of family unrecognized
relationship to another where none actually exists. illegitimate child
therefore identifies
him as such
Illegitimate child may now use father’s surname
It is only when the illegitimate child is legitimated by the

Leonardo v. CA previously disallowed an illegitimate subsequent marriage of his parents or acknowledged
child the right to use his/her father’s name. This has by the father in a public document or private
already been modified by R.A. No. 9255, which handwritten instrument that he bears both his mother’s
amended Article 176 of the Family Code, allowing surname as his middle name and his father’s surname
illegitimate children to use the surname of their as his surname.
father:
● If their filiation has been expressly recognized Accordingly, the registration in the civil registry of the
by the father through the record of birth appearing birth of such individuals requires that the middle name
in the civil register, or be indicated in the certificate. The registered name of a
● When an admission in a public document or legitimate, legitimated, and recognized illegitimate child
private handwritten instrument is made by the thus contains a given or proper name, a middle name
father and a surname.
Art. 176 of the Family Code, as amended, gives Middle names serve to identify the maternal lineage or
illegitimate children the right to decide if they want to filiation of a person as well as further distinguish him
use the surname of their father or not. from other sho may have the same given name and
surname as he has.
- In fact, the SC voided the IRR of RA 9225 insofar
as it provides the mandatory use by illegitimate
children of their father’s surname upon the latter’s
recognition of his paternity.
Q: Can a person file a Petition for Change of In the case of Alanis, there was a need to prevent
Name under Rule 103 for the sole reason that he confusion because growing up, he had been using
does not like to keep the surname of his father? the surname of his mother.
A: NO.
Q: Can a person file a petition under Rule 103
WITHOUT invoking these grounds (names are
Alanis III v. CA changed because it is difficult to pronounce, to
write, ridiculous, to avoid confusion, etc.)? Or
DOCTRINE: Art. 364 of the Civil Code provides that file a petition to change my surname because I
legitimate and legitimated children shall principally have been continuously using my mother’s
use the surname of the father. surname while I was growing up or this certain
surname causes me embarrassment or any other
However, “principally” does not mean “exclusively.” analogous ground? IOW, JUST SIMPLY BY
INVOKING THE ALANIS CASE AND THE CIVIL
Reading Article 364 together with the State’s CODE PROVISION without a corresponding
declared policy to ensure the fundamental equality of factual premise.
women and men before the law, a legitimate child A: NO. Notwithstanding Alanis, a person cannot
is entitled to use the surname of either parent as file a petition for change of name under Rule 103
a last name. without a factual anchor.
FACTS: Petitioner filed a petition to change his In the case of Alanis, there was a factual premise of
name. He alleged that he was born to Mario Alanis the correction that he had been using his mother’s
and Jarmila Ballaho. Thus, his name on his birth surname growing up, although, technically, his
certificate was “Anacleto Ballaho Alanis III.” However, parents were legally married to each other.
he wished to remove his father’s surname, Alanis III;
and instead use his mother’s maiden name, Ballaho, The trial court ruled that it is not allowed and used as
as it was what he has been using since childhood legal basis for the ruling the Civil Code provision, “A
and indicated in his school records. RTC denied the legitimate child is supposed to use the surname of
petition; CA affirmed. the father, principally.” The SC said that this is a
grave error.
ISSUE: Whether the change must be allowed
Side note: In the Alanis case, there was actually a
RULING: YES. The Court granted the requested very glaring procedural defect. The appeal was filed
change to avoid confusion, considering that the late because when they filed a petition, the lawyer
petitioner has been using his mother’s maiden name was shot when the decision came out. The lawyer
since childhood, as indicated in his school records. was probably too scared to go to the office or to the
Anyway, regardless of which name petitioner uses, court and so the notice of appeal was not filed. You
his father’s identity would still appear in his birth only have a 15-day period to perfect an appeal.
certificate, where it will always be written, and which
can be referred to in cases where paternity is Remember: Multiple appeals are allowed only if
relevant. there are incidents that will still continue in the trial
court. If there is an appealable incident, you go and
In this case, the Supreme Court, thru Justice appeal, file a notice of appeal and record on appeal.
Leonen, said that a legitimate or marital child has the
option of using the surname of his or her mother. On the other hand, for proceedings like this, you only
have to file a notice of appeal. Thus, the
The Alanis Ruling and the provision in the Civil Code reglementary period is 15 days. Their reason in
only gives the parents the OPTION to let the child Alanis was excusable negligence, claiming that it
use the surname of the father or the surname of the was the fault of the lawyer.
mother in the Birth Certificate.
The SC said that, ordinarily, the negligence of the
Thus, a legitimate child or marital child has the lawyer will bind the client. However, the Court held
option of using the surname of his or her mother. He that this is an opportune time1 to attack the ingrained
or she is not secluded from using the surname of the custom in our patriarchal society that the child has to
mother just because the Civil Code says that use the surname of the father once s/he is born.
principally, the child will use the surname of the
father. This is not applied exclusively. The SC cited Q: What is the correct interpretation of the ruling
provisions about women in the Constitution, and in in Alanis and the provision in the Civil Code
the Convention on the Elimination on All Forms of stating that the child should principally use the
Discrimination Against Women, etc. surname of the father?
A: Actually, this should not be used as a basis to file
Q: So, if that is the case, can you now say that out of whim.
based on the case of Alanis, even a legitimate
child or marital child may choose to use the
surname of the mother and therefore, file a
1 An Act Further Authorizing the City or Municipal Civil
petition under Rule 103? (“I don’t want to use the Registrar or the Consul General to Correct Clerical or
surname of my father anymore”) Typographical Errors in the Day and Month in the Date of
A: Yes; BUT in Rule 103, there are certain grounds Birth or Sex of a Person Appearing in the Civil Register
to file a petition for change of name. Without Need of a Judicial Order, Amending for this Purpose
RA 9048
Example: You and your father had a fight and you will still be placed in the birth certificate.
no longer want to be associated with your father
because he keeps on having affairs. (Father’s name in the Birth Certificate is usually
You then remove your father’s surname from your placed as unknown when the child is non-marital or
birth certificate. the father is known and because there is no
relationship now with the mother of the child.)
Remember: Corrections or changes under Rule 103
or Rule 108 do not mean that the entries in the birth Q: May the child still use the surname of the
certificate will be erased. Everything will remain the Father even if they are illegitimate?
same but if you succeed in a petition for change A: Yes. If the father acknowledges the child, even if
under Rule 103 or petition for correction under Rule the parents of the child are not married, the child
108, there will be marginal annotations on the birth may use the surname of the father. Hence, the
certificate (e.g. “Based on the final and executory Affidavit of Acknowledgement.
decision of RTC Branch __, the name of the child
shall henceforth be _______.”) Q: Let’s say the child is born out of wedlock, but
parents eventually got married to each other. So
The correct interpretation of Alanis is that under the the child is legitimated. Does the child or the
Civil Code, the child is supposed to use the surname mother need to file a petition for the change of
of his/her father principally. There is no legal the surname?
obligation to use the surname of the father. This A: No, they only need to execute an affidavit of
means that in the birth certificate of the child, you are legitimation. It will be annotated on the margins of
allowed to put the mother’s maiden surname as the the Birth Certificate.
surname.
Rule 103 Change of Name, ordinarily, will be
Example: For those who will become mothers soon, needed, if, for example, you are already old enough
when you give birth, the hospital will give you a form and you realize you do not like the name of your
(Certificate of Live Birth) and you will be asked to Father in your name, you can file for a petition for a
provide the information. Technically speaking, you change.
have the option of stating that the first name of the
child is “Edgardo, Jr.”, no middle name for the child, There are issues on who may really file a petition for
and the surname is “Bojos” instead of Luardo. In the the change.
name of the father, it will be stated “Edgardo
Arellano Luardo.” Now, under Rule 103, Section 1, the person who
desires to change his name should be the one to file
Under the law, a married woman may actually just the petition in the RTC of the place where he
keep her maiden name. Just because a woman is resides. That implies that only the person who owns
married, it does not mean that her name has the birth certificate may file the petition to change his
changed. In the same manner, a child may have the surname, for example.
maiden surname of his/her mother.
We need to, however, review the decisions of the
In our traditions, to establish the filiation of the child, Supreme Court in Calderon vs. Republic on one
part of the name of the child will be the given name hand and Republic vs. Marcos on the other.
and the surname. If the child is a marital child,
ordinarily and based on our patriarchal society, we
will give him/her the surname of the father and the Calderon Case Marcos Case
middle name of the child will be the maiden surname
of the mother. That is what is commonly done. The SC said that for the The Court said that this
However, it is not necessary at all times. best interest of the child, cannot be. Only the child
the mother may file a can decide later on when
Based on the ruling in Alanis, and based on the Civil petition so that the name the child reaches the age
Code provision, it is allowed that the surname of the of the child may be of majority.
child will be the maiden surname of the mother. changed from the
surname of the biological
Q: If the child uses the mother’s maiden father to the surname of
surname, what will be the middle name of the the stepfather. This is
child? allowed.
A: Technically, the child should not have a middle
name because the middle name is supposed to be
the surname of the mother. Calderon v. Republic
TN: The Alanis ruling and the provision under the DOCTRINE: While it can be argued that the child is
Civil Code only gives the parents the option to let the still a minor and the petition should not be granted
child use the surname of the father in the birth because of that fact because the child may or may
certificate. not be aware of the effects of the situation, the court
said that should not be the case, because a change
Q: What if the surname used by the child is the of name as authorized under Rule 103 does not
surname of the mother? by itself define, or affect a change in, one's
A: That will not diminish the Father. The Father existing family relations, or in the rights and
would still be there in the Birth Certificate. His name duties flowing therefrom; nor does it create new
family rights and duties where none before was the name of the child under Rule 103 during the
existing. child’s minority.
It does not alter one's legal capacity, civil status, or When the child reaches majority, the child files
citizenship. What is altered is only the name, which is another petition for change of name to revert to the
that word or combination of words by which a person original surname.
is distinguished from others and which he bears as a
label or appellation for the convenience of the world Q: Is it allowed? Is there a limitation under the
at large in addressing him, or in speaking of or rules as to the number of times when a person
dealing with him. may file a petition to change its name or
surname under Rule 103?
FACTS: Child was born out of a bigamous marraige A: There is none.
and she was using the surname of her biological
father. Later, her mother married another guy and so Q: May a person file a petition for a change of
this petition was made by the mother to change the name or surname more than once under Rule
last name of the child from her biological father’s to 103?
that of the new husband. The objective of the change A: (Atty has not yet seen jurisprudence that this is
of name was to shield the change of the stigma of not allowed. Look at the basis of the change and
illegitimacy. justify it.)
ISSUE: Whether the mother may petition the court Yes, if the reason is based on different grounds. In
for the change of name of her minor child the first petition, they would like to change the name
because all the school records reflected that the
RULING: YES. child used the surname of the stepfather and it wants
to have consistent records so they filed a petition to
A petition to change the name of an infant, as in this
change the name of the child to the stepfather’s
case, should be granted only where to do so is
surname so as to avoid confusion.
clearly for the best interest of the child. When the
mother of the petitioner filed the instant petition she
Under the second ground, the child wants to change
had in mind what she believed was for the best
the name from the surname of the stepfather to the
interest of her child considering that her husband
surname of the biological father because of another
Romeo C. Calderon is the one supporting the child
reason.
and that he is agreeable to the child's using his
surname. The mother had considered the generous
If they would be able to justify the reason for filing a
attitude of her husband as an opportunity for her to
second petition to change the name, they may do so.
promote the personality, and enhance the dignity, of
her daughter, by eliminating what constitutes a
stigma of illegitimacy which her child would continue Republic v. Marcos
to bear if her surname is that of her illegitimate father.
DOCTRINE: The petition for change of name must
Justice dictates that every person be allowed to avail be filed by the person desiring to change his/her
of any opportunity to improve his social standing as name, even if it may be signed and verified by some
long as in so doing he does not cause prejudice or other person on his behalf. The decision to change
injury to the interests of the State or of other people. her name, the reason for the change, and the choice
of a new name and surname shall be hers alone to
Q: Is this a valid cause to change the surname? make. It must be her personal decision. No one else
A: The SC said that this is valid because this is for may make it for her
the best interest of the child.
FACTS: The mother wanted to change the surname
In effect this is an additional premise or justification, of the child to the surname of his present husband
if it is for the best interest of the minor child. because her child from her former marriage has
grown to love the stepdad. However, in this case, the
Q: Would the ruling be the same if this was filed petition did not include the name or alias of the child
by the child herself when she becomes of age. (wherein the law requires that the name and aliases
Where in her petition she wants to change her be included in the petition) and that the reason
surname to use the surname of the stepfather, provided by the mother is to provide security to the
anyway the stepfather has consented to the child child, among others.
using his surname?
A: Yes. ISSUE: Whether the respondent judge erred in
granting the change of name by Mary? YES
Q: What if the child, if it reaches of age, realizes
that she does not want to use the surname of the RULING: The reasons offered for changing the name
stepfather but wants to connect with the of petitioner's daughter are: (1) that "her daughter
biological father? grew up with, and learned to love and recognize
A: The child can do so because according to the Alfredo de la Cruz as her own father"; (2) to afford
rules, it is actually the person who wants to change her daughter a feeling of security; and (3) that
his or her name who should file an action in the "Alfredo de la Cruz agrees to this petition, and has
court. signified his conformity at the foot of this pleading".
Illustration: The mother filed a petition to change Clearly, these are not valid reasons for a change of
name. Supreme Court can revisit the doctrine in a decision

The general rule is that a change of name should by either the En Banc or a division by the court is by
not be permitted if it will give a false impression of the Supreme Court En Banc. So, only the Supreme
family relationship to another where none actually Court En Banc may revisit the ruling of the Supreme
exists. Court in Calderon. In other words, the decision of
the case of Marcos does not overturn its
Furthermore, the court held in the case of Padilla v. pronouncement in Calderon v. Republic.
Republic that our laws do not authorize legitimate
children to adopt the surname of a person not AEL: Although I do understand where the Supreme
their father, for to allow them to adopt the Court is coming from, maybe the lawyer just failed to
surname of their mother's husband, who is not raise the best interest of the child. However, until the
their father, can result in confusion of their court makes a definitive ruling, trying to reconcile the
paternity. case of Calderon and Marcos, you can argue either
way. Personally, the general rule should be that it
Another reason for disallowing the change of name is should be the person who owns the birth certificate
that it was filed by the improper party. Clearly, the who should file a petition. It should be the child when
petition for change of name must be filed by the the child comes of age. But, the mother may
person desiring to change his/her name, even if it nevertheless decide when the child was still a minor,
may be signed and verified by some other person on being the legal guardian of the said minor, who has
his behalf. In this case, however, the petition was the personality to file the petition as long as the
filed by Pang Cha Quen not by May Sia. mother can justify which justification shall be the
best interest of the child—to remove the stigma
The decision to change her name, the reason for the of illegitimacy.
change, and the choice of a new name and surname
shall be hers alone to make. When she grows up to Q: In these cases where the minor child would
adulthood, she may not want to use her stepfather's seek through the mother a change in the
surname, nor any of the aliases chosen for her by her surname from the surname of the biological
mother. father to the surname of the step father, would it
create the wrong impression that somehow the
AEL: To my mind, if you are going to look at Rule father has adopted the child?
103, it would suggest that generally, the person
A: Yes, it is possible. In fact, that is the argument in
deciding to change his name will be the one who
the Calderon Case and Marcos case.
has the personality to file the petition. But, I think,
the mother, as the legal guardian of the minor child,
It gives the reason why that petition cannot be
may file a petition. So in terms of the personality of
allowed especially when it is the mother who files the
the mother, I still think that the mother may file a
petition on behalf of the child.
petition, notwithstanding the ruling of the Supreme
Court in the case of Republic v. Marcos.
Based on the reasoning of the Supreme Court in the
Marcos Case, the child might not want to use the
This is why the Court disallowed the petition in surname of the step father when the child is already
Marcos, because the Court said that what if the of age. However, SC also discussed in the case of
child changes his mind when he grows up? The Calderon, that this is for the best interest of the child
remedy of the child is to file a petition to revert. because this will remove the stigma of illegitimacy.
However, the child has to justify it.
This somehow creates a wrong impression in the
Q: Is there a prohibition on a second petition for first glance, is true. However, remember what is
change of name? being changed is the surname of the child.
A: NO, there is none. A second petition for change
under Rule 103 is not prohibited under the Rules. AEL: Imagine your birth certificate, there is an entry
there: the name of the child at the very top, towards
AEL: Thus, to my mind, as long as it can be the middle there is the entry for the name of the
justified, then it will still be a viable remedy. father and the name of the mother, their personal
circumstances. Although the surname of the child
Comparison: Calderon and Marcos cases under Calderon was changed to the surname of the
stepfather, the name of the biological father in the
AEL: Calderon is an old case (1967) while Marcos birth certificate remains the name of the biological
was decided in the 90s. father. Meaning the court will not say since the
surname of the child was changed to the surname of
Q: Should we say that the later pronouncement the stepfather. That the name of the biological father
would be the more current expression of the will be changed to the name of the stepfather. That
thinking of the judiciary, by the Supreme Court is already erroneous. The remedy for the
as the court of last resort? stepfather to become the father of the child is to
A: There was no pronouncement in the case of file a petition for adoption.
Marcos that it is abandoning the rationale behind
Calderon v. Republic. The Rule is that the LCR concerned will issue a new
birth certificate. The old birth certificate will be
Under Constitutional law, the only time when the sealed. A new birth certificate will be issued. The
● The evidence presented need only be

father and the mother will now be the adoptive
satisfactory to the court and not all the best
parents. Although we have a rescission of adoption
evidence available.
by the adoptee. We go back, we remove the seal
● Section 1 of Rule 103, in specifying the parties
from the original birth certificate. What I’m saying is,
who may avail of the remedy, uses the generic
the question about the possibility of confusion is
term “person” to signify all natural persons
correct. It will really somehow create a question as
regardless of status. If a legitimate person is
to paternity. WON the stepfather has already
allowed under certain judicially accepted
adopted. But, if they will examine the birth cert, they
circumstances to change his or her name, then
will see that the birth cert still reflects the name of
there is no basis or logic in discriminating against
the biological father. Of course, after the grant of the
the availment of the same remedy by an adopted
petition, the child will bring the name of the
child.
stepfather. If they won’t look at the birth certificate of
the child, the name of the biological father being
FACTS: When Maximo Alcala, Jr. was 2 years old,
there, they will really be deceived(mailad).It will
he was adopted by spouses Hoong Wong and
create the impression that he is adopted because he
Concepcion Ty Wong, both naturalized Filipinos.
brings the name of the stepfather.
Since then, he was named Maximo Wong. Upon
reaching the age of 22, he filed a petition to change
Somehow, that is a countervailing consideration, but
his name to Maximo Alcala, Jr. because:
in the end, the best interest of the child, given that it
will again remove the stigma, to the mind of the SC, ● His use of the surname Wong embarrassed and
outweighs the potential confusion that might arise. isolated him from his relatives and friends, as the
But in the Marcos case, it’s different same suggests a Chinese ancestry when in truth
and in fact he is a Muslim Filipino residing in a
Q: So which one is the prevailing doctrine? Muslim community, and he wants to erase any
A: Both of them. But again you can say Marcos is implication whatsoever of alien nationality;
the latter date. But remember under the Constitution
that the prevailing doctrine should be overturned by ● He is being ridiculed for carrying a Chinese
the SC En Banc. there has to be a categorical surname, thus hampering his business and
pronouncement to that effect. There was none. The social life; and
cases decided by the SC are sometimes confusing ● His adoptive mother does not oppose his desire
because there are prior decisions that they forget to to revert to his former surname.
consider then they come up with a decision
forgetting that they already have an existing doctrine ISSUE: Whether or not the reasons given by private
to that effect. respondent in his petition for change of name are
valid, sufficient and proper to warrant the granting of
Q: How do you reconcile it? said petition.
A: Somebody has to file a case similar to this
petition. Perhaps a client separated in fact from his RULING: YES. To justify a request for change of
legal spouse having a new partner. Or not name, petitioner must show not only some proper or
separated from a legal spouse but has a child from compelling reason therefor but also that he will be
wedlock and eventually marries another person. prejudiced by the use of his true and official name.
That spouse wants the child to use the surname of
the partner. Considering that he allowed the child his Among the grounds for change of name which
own surname. Why use a petition for a change of have been held valid is when the surname causes
surname? Why not use adoption in the first place? It embarrassment and there is no showing that the
doesn’t make sense to my mind, although a petition desired change of name was for a fraudulent
for Change of Name under Rule 103 is theoretically purpose or that the change of name would
viable. Why don't you tell your client to file a petition prejudice public interest.
for adoption to change the surname and to erase the
stigma of illegitimacy? Let's go for adoption because It has also been held that in the absence of
if the stepfather dies, the child still can’t inherit. He is prejudice to the state or any individual, a sincere
the biological child and was not legally adopted. That desire to adopt a Filipino name to erase signs of
is not a legal adoption. Even if he used the surname a former alien nationality which only hamper
of the stepfather on the birth certificate. It does not social and business life is a proper and
make him the legal heir of the stepfather. reasonable cause for change of name.
AEL: The lesson is, that there are correct remedies. In this case, Maximo Wong was prompted to file the
But not all remedies are equal. Some remedies are petition for change of name because of the
correct theoretically speaking, but it has the embarrassment and ridicule his family name “Wong”
implication that possibly it is not the maximal brings in his dealings with his relatives and friends.
solution for the scenario presented by your client.
Another cause is his desire to improve his social and
business life.
Republic v. CA & Wong
Nothing whatsoever is shown in the record of this
DOCTRINE: case that prejudice or injury to the interest of the
● In granting or denying petitions for change of state or of other persons would result in the change
name, the question of proper and reasonable of petitioner's name.
cause is left to the sound discretion of the
court.
Thus, the Court affirmed the decision of the CA in the determination of an application for adoption.
granting the petition for change of name.
Q: What does that mean? That the adopted child
RE: WON an adopted child can change his may not change his surname?
surname A: NO. In this case, the adoptive mother did not
interpose any objection; in fact, she gave her
While it is true that the statutory fiat under Article 365 consent.
of the Civil Code is to the effect that an adopted child
shall bear the surname of the adopter, it must Q: What was the stated reason why the petitioner
nevertheless be borne in mind that the change of wanted to change or to revert to his original
the surname of the adopted child is more an surname?
incident rather than the object of adoption
proceedings. The purpose of an adoption A: (1) The petitioner finds the first name or nickname
proceeding is to effect this new status of relationship to be ridiculous, tainted with dishonor or extremely
between the child and its adoptive parents, the difficult to write or pronounce;
change of name which frequently accompanies
adoption being more an incident than the object of (2) The new first name or nickname has been
the proceeding. The welfare of the child is the habitually and continuously used by the petitioner
primary consideration in the determination of an and he has been publicly known by that first name or
application for adoption. nickname in the community; or,
Although the law prescribes the surname that a (3) The change will avoid confusion.
person may employ, it does not go so far as to
Q: Would it make a difference if the adoptive
unqualifiedly prohibit the use of any other surname,
mother filed instead an opposition to the petition
and only subjects such recourse to the obtention of
saying the adopted child was ungrateful for not
the requisite judicial sanction. What the law does not
using the adoptive parents’ surname?
prohibit, it permits.
A: NO. A person may in fact use the surname of his
or her mother, not necessarily his father’s.
Section 1 of Rule 103, in specifying the parties who
may avail of the remedy, uses the generic term
Q: What if the context was, a marital child files a
"person" to signify all natural persons regardless
petition to change his surname (from father’s to
of status. If a legitimate person is allowed under
mother’s). Is there is a need to get consent of the
certain judicially accepted circumstances to
father? What if his father opposes the petition.
change his or her name, then there is no basis or
Would it make a difference?
logic in discriminating against the availment of
A: No, it is not automatic that the petition will fail
the same remedy by an adopted child. In other
just because someone opposes it.
words, Article 365 is not an exception, much less can
it bar resort, to Rule 103.
Q: If the adoptive mother opposed the petition on
the ground of public policy, what do you think
What is unique about this case was the petitioner would have happened? If you were the judge,
was an adopted child. The first impression would be would you grant the petition for change of
this might create confusion on maternity or to the surname from the name of the adoptive parents
affiliation with his adoptive parents. But similarly, this to the surname of the biological father?
concern arises in all changes, even if it does not
involve an adopted child. It will not really alter the TN: The change of name will not affect family
relations by operation of law between the child and relations, or the duties and rights from such family
the person who is the owner of the birth certificate relations. The change of name will not alter persons’
and his or her parents. Objectively speaking, these legal capacity, legal status, or citizenship. All that it
are the same people. does is change the name.
Q: What about the public policy that the adopted AEL: It might be true that at first glance, it will
child used the surname of the adoptive parents? somehow create a wrong impression that this
A: The act of adoption fixes a status, viz., that of person, under a different surname, is not anymore
parent and child. More technically, it is an act by the child of the biological parents. But in reality, if
which relations of paternity and affiliation are you’re going to look at the birth certificate being
recognized as legally existing between persons not changed, the name of the biological parents remain
so related by nature. the same. It’s just that, if there is a change under
Rule 103 or a change or correction or cancellation
It has been defined as the taking into one’s family of under Rule 108, these will all be marginal
the child of another as son or daughter and heir and annotations.
conferring on it a title to the rights and privileges of
such. All other entries, even the entry being corrected or
changed, remain on the face of the birth certificate.
The purpose of an adoption proceeding is to effect
this new status of relationship between the child and Example: If a woman gets married, it does not
its adoptive parents, the change of name which change the name of the woman. It’s not necessary
frequently accompanies adoption being more an that the woman will carry the surname of the
incident than the object of the proceeding. The husband. In the case of Yasin v. Hon. Judge, Shari’a
welfare of the child is the primary consideration in District Court, the SC said that for a woman to revert
The petition for change must be filed by the person

to her maiden surname, there is no need for her to desiring to change his/her name, even if it may be
go to court to obtain judicial imprimatur for that. signed and verified by some other person in his behalf.
Because in the first place, whether or not she’s
married or divorced, that fact is, that is her birth
name/maiden name. There is nothing changed in the Jurisdictional Defects
birth certificate.
Failure to include the true name of the party whose
In fact, a woman who uses the surname of her name is sought to be changed, in the title of the petition
husband will have the same birth certificate. So the and of the notices published in connection therewith,
name that appears in the birth certificate is the full precludes the court from obtaining jurisdiction to
maiden name. The surname of the husband will not entertain the same.
appear there.
Failure to include the name sought to be adopted in
If we talk about change of name in the Rule 103, the title of the petition and in the notices published in
the only thing changed is the name, but the newspapers, is a substantial jurisdictional infirmity.
everything else will not get affected; unless you will
have a change of name as a consequence of Not only must be the true name and the one prayed for
correction of the entry of, for example, the date and be included in the title, it must also be correctly spelled
place of marriage of parents because allegedly, the out.
parents are in reality not married to each other. In
this case, the child is non-marital or illegitimate. In Jayme s. Tan v. Republic, the SC found the petition
Here, his legitimacy will be changed from illegitimate for change of name defective. It considered the
to legitimate and the child may also pray for the incorrect spelling of the petitioner’s name in the petition
change in the surname, the child would not want to and the order as a substantial defect because it did not
use the surname of the father because the child correctly identify the party to said proceedings.
wants to use the surname of the mother. This
change in name is a consequence of a correction in
the birth certificate. This refers to the corresponding Jurisdictional Requirements
changes in the other entries.
Section 3. Order for hearing. — If the petition filed
But for petition of change of name under Rule 103, is sufficient in form and substance, the court, by an
nothing else changes. order reciting the purpose of the petition, shall fix a
date and place for the hearing thereof, and shall
direct that a copy of the order be published before
Contents of the Petition 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
Section 2. Contents of petition. — A petition for
shall deem best. The date set for the hearing shall
change of name shall be signed and verified by the
not be within thirty (30) days prior to an election nor
person desiring his name changed, or some other
within four (4) months after the last publication of the
person on his behalf, and shall set forth:
notice.
(a) That the petitioner has been a bona fide resident
of the province where the petition is filed for at Section 3 outlines the jurisdictional requirements
least three (3) years prior to the date of such before a petition for change of name may proceed:
filing;
1. The petition must be published before the hearing
(b) The cause for which the change of the at least one week for three successive weeks in
petitioner's name is sought; a newspaper of general circulation published in
the province; and
(c) The name asked for.
2. Both the title and the body of the petition must
In a petition for change of name, the title of the accurately state:
petition should include: a. Names or aliases of the applicant
b. That the petitioner has been a bona fide
● The applicant’s real name resident of the province where the petition is
● Aliases or other names, if any filed for at least 3 years prior to the date of
such filing
● The name sought to be adopted c. Cause for which the change of name is
sought
For the publication to be valid and effective, the d. New name asked for
published order should reproduce the title of the
petition containing the data already stated and The reason for these requirements is that a change of
should contain correct information as to: name is a matter of public interest. The petitioner
● The name or names of the applicant might be in the rogues’ gallery or hiding to avoid service
● The cause for the changed name of sentence or compliance with a judgment in a criminal
case, or could have escaped from prison, or if an alien,
● The new name asked for
he might have given cause for deportation or might be
one against whom an order of deportation was issued
or that the new name the petitioner desires to adopt
may be similar to that of a respectable person and the minor children of petitioner-appellee, upon a mere
latter might have evidence that petitioner is of unsavory motion as an incident in the proceedings for the
reputation that might impair his own good name. change of name of petitioner-appellee, will not only
Being a privilege and not a right, a change of name deprive the government of the required filing fees
lies within the discretion of the court give or therefor but will also dispense with the aforesaid
withhold. Failure to comply with the jurisdictional essential requirements respecting the recitals in the
requirements renders the proceedings a nullity. title of the petition and the publication to apprise
persons, who may be in possession of adverse
Kok v. Republic information or evidence against the grant of the
petition, so that they will come forward with such
DOCTRINES: information or evidence in order to protect public
● Wife and minor children of a person whose interest as well as the interest of private individuals
petition for change of name had been granted who may be prejudiced by the change of name of the
need to file a separate petition for change of petitioner.
name to conform to that of husband-father.
● Change of name of wife and minor children of Since there is a total absence of a petition signed by
husband-father cannot be made on a mere Lucia O. Tee and her other minor children and the
motion publication thereof, the challenged orders dated
March 30, 1966 and September 3, 1966 are
FACTS: Secan Kok filed a petition to change his completely void ab initio.
name and that of his daughter Marilyn Se
respectively to Antonio Cuakok and Gloria Cuakok, Inasmuch as petitioner-appellee's own petition and
although his petition mentions his other minor the publication of the same do not include all his
children, namely Perfecto, Romeo, Betty, Tomas, names and aliases, the new name he desires to bear
Daniel and Antonio, Jr. as having been born out of as well as those of his minor daughter Marilyn Se,
his marriage in the Catholic church on August 2, the trial court likewise acquired no jurisdiction over
1947 at Cotabato City, without, significantly, his petition and the decision granting his petition is
mentioning the name of his wife. similarly void ab initio and could be attacked
collaterally, vitiated as it was by a fatal flaw — lack of
The court granted the petition. The name of the jurisdiction.
petitioner, Secan Kok, is hereby changed to Antonio
Cuakok Petitioner's daughter's name, Marilyn, is There was a petition for change of name of petitioner
hereby changed to Gloria Cuakok. Petitioner- Secan Kok. He incorporated in the same petition a
appellee filed a motion for supplemental judgment, prayer for change of name of his daughter but for
alleging that the Bureau of Immigration refused to some reason, he failed to include a prayer for the
change the surname of his wife Lucia O. Tee and change in the surname of the other children.
their aforesaid six (6) minor children to Cuakok. The
court granted the supplemental judgment. The petition included both the wife’s and the other
children’s surname, meaning they incorporated in a
ISSUE: Whether or not the court acquired jurisdiction single petition a prayer for change of name for ALL.
over the petition
Q: Is it really proper to incorporate in a single
RULING: NO. The rules are very explicit. Section 2 petition a prayer for the change of surname of
of Rule 103 of the Revised Rules of Court provides his minor children? Is there any provision in
that a petition for a change of name shall be Rule 103 or elsewhere in the ROC that allows
signed and verified by the person desiring his that?
name to be changed, or some other person in his
behalf. There is need therefore for a separate A: There is none. Generally, the person who wants
petition to be filed by the wife Lucia O. Tee, who is to change his or her name should be the one to file
already of age, in her own behalf and in behalf of her the petition. Although, that is subject to certain
minor children. exceptions. Regardless of which decision of the
Court you will follow (Calderon v. Republic or
In addition, Sec. 3 of Rule 103 of the ROC provides Republic v. Marcos), the general rule remains that
that to confer jurisdiction on the court, since petitions it should be the person concerned who should
for change of name are proceedings in rem, strict file the petition to change the surname because
compliance with the requirements is essential, that is his or her prerogative.
namely, that such verified petition should be
published for three (3) successive weeks in some AEL: But I can think of one scenario where the
newspapers of general circulation in the province; biological parent, being the legal guardian of a
and that both the title or caption of the petition and its minor, may file a petition for change of name.
body shall recite:
(1) the name or names or aliases of the The more important consideration is not so much the
applicant; personality of the petitioner, but on whether or not
(2) the cause for which the change of name or there is sufficient factual and/or legal basis for the
names or aliases of the applicant; change sought after.
(2) the cause for which the change of name is
sought; and Going back to the question, there is nothing in the
(3) the new name asked for. Rules that says there may be a valid petition akin to
a joinder of causes of action in ordinary civil actions.
To allow the change of name of the wife and other
CFI of Samar for change of name to “Antonio C.

But I think, if the change in the surname of the
Lee.”
minor children will be a consequence in the
change in the surname of the father, in the same
Petitioner through the Solicitor General filed a motion
manner that the change in the surname of the wife
to dismiss the petition on the ground that the name
was also a consequence of the change of the
sought to be adopted by respondent and other
surname of the husband, it stands to reason that
names by which he is known are not indicated or
there may be a valid single petition incorporating
included in the title of the petition.
therein a prayer for the change of the surname of
the father and also praying for the change of the
ISSUE: W/N there was substantial defect in the
surname of the minor children as a consequence
petition and publication of the notice of hearing (due
or necessary incident thereto.
to the name sought to be adopted by respondent and
other names by which he is known not being
Q: Is it necessary for the children to also change
indicated or included in the title of the petition)
their surname if their father has changed his
surname?
RULING: YES.
A: No. In the birth certificates of these children, their
father remains the same person, except that their
The proceeding for a change of name is a
father has filed a petition for change of name due to
proceeding in rem. Jurisdiction to hear and determine
a particular reason. Whether or not the father
the petition for change of name is acquired after due
succeeds, that is not the concern. Our concern is
publication of the order containing certain data,
whether or not it is necessary for the minor children
among which is the name sought to be adopted, a
to follow suit. The answer is that it is not necessary.
matter which should be indicated in the title of the
But if they want to do so or if the parent concerned
petition.
also wants to include them in the change, then they
have to file either a separate petition or they can
The reason for the rule requiring the inclusion of the
incorporate a prayer for the change of the surname
name sought to be adopted by and the other names
in the same petition.
or aliases of the applicant in the title of the petition or
in the caption of the published order is that the
What happened in this case was that this was a
ordinary reader only glances fleetingly at the
belated attempt. The case was already done and
caption of the published order or the title of the
when they went to the Bureau of Immigration, they
petition in a special proceeding. Only if the caption or
said that they will not change the surname of his wife
the title strikes him does he proceed to read the
and other children. What they could change was his
contents of the order. And the probability is great that
surname and the surname of Gloria. The BI said that
he does not at all notice the other names or aliases
the others should file a separate petition.
of the applicant if these are mentioned only in the
body of the order or petition.
However, they did not want to file a petition anymore
and pay the filing fee and so they filed a Motion for
The non-inclusion of all the names or aliases of the
Supplemental Judgment. The Court said this cannot
applicant in the caption of the order or in the title of
be done. They have to file a separate petition to
the petition defeats the very purpose of the required
change the surname of the wife and the other
publication.
children.
Q: What is the proper way of writing the caption

Republic v. Zosa
or the title of the petition?
A: In re: Petition for Change of Name or In the
DOCTRINE:
matter of Change of Name
In a petition for change of name the title of the
petition should include the
What is important is you have to mention the birth
1. applicant's real name,
name in the birth certificate and all other aliases that
2. his aliases or other names, if any, and
the petitioner is known for including the name that
3. the name sought to be adopted even if these
the petitioner wants to be known after petition has
data are found in the body of the petition.
been granted.
For the publication to be valid and effective, the
In this case of Republic vs. Zosa, he was always
published order should reproduce the title of the
known as Lee or Antonio Lee, the correct caption
petition containing the data already stated and
should have been In the matter of Change of Name
should contain correct information as to
of Lee King Sing, otherwise known as Antonio or
1. the name or names of the applicant;
Tony to Antonio See, Lee King Sing as Petitioner.
2. the cause for the changed name, and
INCLUDE his last name.
3. the new name asked for
Q: What if the title is defective because it does
FACTS:
not provide for the other aliases of the petitioner
but for some reason the order of publication , in
the body, it includes those other names of the
petitioner, would that not be substantial
compliance?
A: Not enough. Court said that it should be included
Respondent Lee King Sing filed a petition with the in the title of the petition for the publication to be
valid and effective. Rule 103 and 108. This is about jurisdiction to hear
the case, receive evidence, and to decide it. If there
Q: What’s the matter with the title? Why does it is no publication, the court does not acquire
ahve to be in the title? jurisdiction to proceed with the trial. Because in the
A: Court said that the reason for this is that an initial hearing, the parties must prove compliance
ordinary reader would normally glnace at the caption with the jurisdictional requirements and jurisdictional
of the title of the published order and only when the facts.
title or caption strikes him does he proceed to read
the contents of the order. Q: What are jurisdictional facts?
A: It triggers the jurisdiction of the court by filing the
The probability is great that he does not at all notice petition. You will mark Exhibit A of the petition.
the other names or aliases of the applicant if these Jurisdictional requirement will determine whether the
are mentioned in the body of the order only petition is sufficient in form and substance and will
settle the case for initial hearing. Exhibit B therefore
Q: So what if the reader does not read the other is the order setting the case for initial hearing.
names of the petitioner?
A: If the reader could not read the other names, the TN: What is necessary is jurisdiction over the res,
purpose of the publication will be defeated. The not over the subject matter. The rule of the court is
purpose of a publication is to notify other interested clear that all the names of the petitioner must be
persons who have interest in the change of name. written on the title. In fact, if the name in the
So that they are given the opportunity to file an baptismal certificate is different, it must also be
opposition on the matter. mentioned in the specific caption.
In the other case, Siong vs. Republic, the petitioner’s Q: What happens if there is a defect in the
other names were not in the caption or title. But what jurisdictional requirement?
was unique in this case was that the body of the A: If there is a defect based on this jurisdictional
order setting the case for initial hearing contained all requirement, the case will be dismissible, but the
the names, aliases of the petitioner. dismissal will be without prejudice. Meaning, the
petition may be refiled. However, if the case is
The rule is again all these names should be named refiled, docket fees will again be paid including the
in the caption because according to SC, there is a other expenses, like appearance fees for the lawyers
presumption, although cannot really be supported to and fees for the publication, and the time element –
conclusion by science, In a publication, all the back to square one.
names should be there in the title because the
reader ordinarily just glances over. Usually, what So you have to be wary of these technical
makes the reader go over the entirety of the order is requirements or these jurisdictional requirements.
that their attention is captured by the caption. Allege the official name found in the birth certificate
(and not the baptismal certificate because
Q: If the order itself or the body of the order sometimes, they will not be the same).
mentions all of the names of the petitioner,
would it not cure the defect? There is no such thing as substantial compliance
A: The SC ruled in the negative. even if all the names are mentioned in the body of
the order, which according to the court is not
AEL: We cannot quarrel with the Supreme Court, sufficient.
there is actually an opportunity for the reader to look
at the body of the order, especially if it is written on
the first paragraph. No need for change of name by married woman
The tenor of the order is that there is an order or

caption and the first paragraph would state “before In cases where there is an annulment of marriage or
this court is a petition filed by x also known as x, divorce, no need to file a petition for resumption of
praying for the court to issue an order directing the maiden name or surname. The use of the husband’s
change of his name from x to x.” last name is merely permissive which the wife may
continue to use except in case of legal separation.
The second paragraph states: “finding the petition
sufficient in form and substance, let the initial The true and real name of a person is that given to him
hearing of this case be set on x” and entered in the civil register which a woman may
continue to use despite her marriage or cessation of
The third paragraph states: “let this order be marriage for whatever cause.
published once a week for three consecutive weeks
in a newspaper of general circulation in the province Article 370 of the Civil Code:
and cities of Cebu” A married woman may use:
(1) Her maiden first name and surname and add
If we are talking about the chance or probability of her husband’s surname;
the readers to be able to see all the names of the (2) Her maiden first name and her husband’s
petitioner, actually everything is there, there is surname; or
already substantial compliance. (3) Her husband’s full name, but prefixing a word
The court would decide if jurisdiction is defective. indicating that she is his wife, such as “Mrs.”
RTC really has jurisdiction over petitioners under Article 372 of the Civil Code:
When legal separation has been granted, the wife shall view of the dissolution of her marriage to Hadji Idris
continue using her name and surname employed Yasin, by virtue of a decree of divorce granted in
before the legal separation. accordance with Muslim law.
Yasin v. Hon. Judge, Shari’a District Court Petition was GRANTED.
DOCTRINE: When the marriage ties no longer exists When there is a declaration of nullity of marriage or
—as in the case of death of the husband, or divorce in a petition for nullity of marriage, or the court
as authorized by the Muslim Code—the widow or annuls the marriage or the marriage is void on
divorcee need not seek judicial confirmation of the grounds specified under the civil code, in all these
change in her civil status in order to revert to her scenarios, the name does not change.
maiden name, as the use of her former husband’s
name is optional and not obligatory for her. So when a woman gets married, it does not mean
that the name of the woman changes.
Thus, the onerous requirements of Rule 103 of the
Rules of Court on change of name should not be In relation to Rule 103, there are formalities and
applied to judicial confirmation of the right of a requirements that must be complied with assuming
divorced woman to resume her maiden name and that the proceeding is indeed under 103 or 108. But
surname. In the absence of a specific rule or in cases like this one, since this is just a confirmation
provision governing such a proceeding, where of a woman’s right to use her maiden name, then the
sufficient facts have been alleged supported by formalities under Rule 103 need not be complied
competent proof, such petition for confirmation of with.
change of civil status and/or to resume the use of
maiden name must be given due course and
summarily granted as in fact it is a right conferred by Change of First Name through Rule 108
law.
FACTS: Petitioner Hatima C. Yasin was formerly Republic v. Sali

married to Hadji Idris Yasin, also a Muslim Filipino, in
accordance with Muslim rites and customs. They FACTS: Lorena Sali sought the correction of the
were granted a decree of divorce by the Mindanao entries recording her birth with the Civil Registrar
Islamic Center Foundation, in accordance with through a Verified Petition under Rule 108. She
Islamic Law; afterwhich, her former husband had alleged that instead of the name LORENA,
contracted another marriage with another woman. “DOROTHY” was placed, and that the date of birth
Thus, Hatima filed in the Shari’a District Court in (June 24, 1968) is incorrect because her date of birth
Zamboanga City a “Petition to resume the use of is April 24, 1968. The RTC granted her petition. The
maiden name”. OSG appealed, alleging that the petition did not
contain any of Sali’s aliases.
The Shari’a Court issued an order stating that the
petition filed was not sufficient in form and substance ISSUE: Whether or not Rule 108 is the appropriate
in accordance with Rule 103, Rules of Court, remedy for change of name, thereby dispensing with
because the residence of petitioner and the name the requirement under Rule 103 of stating the aliases
sought to be adopted were not properly indicated in in the petition.
the title thereof. Petitioner was then ordered to
amend the petition within one week from receipt of RULING: YES. Sali was correct in using Rule 108 for
the order to reflect the said formal requirements. the case only involves correction of entries in the civil
registry.
ISSUE: Whether, in the case of annulment of
marriage, or divorce under the Code of Muslim HOWEVER, it must be noted that at the time of
Personal Laws of the Philippines—when the husband application, RA 9048 was already in effect. The local
is married again to another woman; and the former city or municipal civil registrar or consul general has
wife desires to resume her maiden name or surname the primary jurisdiction to entertain the petition. It is
—the former wife is required to file a petition for only when such petition is denied that a petitioner
change of name and comply with the formal may appeal to the civil registrar general or file the
requirements of Rule 103 of the Rules of Court appropriate petition with the proper court.
RULING: NO. The true and real name of a person is The petition, insofar as it prayed for the change of
that given to him and entered in the civil register. Sali’s first name, was not within the RTC’s primary
jurisdiction. It was improper because the remedy
While it is true that under Article 376 of the Civil should have been administrative which is the filing of
Code, no person can change his name or surname the petition with the local civil registrar concerned.
without judicial authority, nonetheless, the only name For failure to exhaust administrative remedies, the
that may be changed is the true and official name RTC should have dismissed the petition to correct
recorded in the Civil Register. Sali’s first name.
In this case, petitioner’s registered name is Hatima

Centi Y. Saul.
Petitioner does not seek to change her registered
maiden name; but, instead, prays that she be
allowed to resume the use of her maiden name in
A person’s first name cannot be changed allegations of the petition are true, the court shall, if
on the ground of sex reassignment 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
Silverio vs. Republic: The petitioner sought to have his
petition.
name in his birth certificate change from Rommel
Jacinto to Mely AND his sex from “male” to “female”
because of his sex reassignment. When shall the court grant the petition?
Only when satisfactory proof has been presented in
RA 9048 does not sanction a change of first name open court that:
on the ground of sex reassignment. 1. The order had been published as directed
2. The allegations in the petition are true; and
Rather than avoiding confusion, changing petitioner’s 3. Proper and reasonable causes appear for
first name for his declared purpose may only create changing the name of the petitioner
grave complications in the civil registry and the public
interest.
Section 6. Service of judgment. — Judgments or
RULE: Before a person can legally change his given orders rendered in connection with this rule shall be
name, he must present proper or reasonable cause furnished the civil registrar of the municipality or city
or any compelling reason justifying synch change. where the court issuing the same is situated, who
In addition, he must show that he will be prejudiced shall forthwith enter the same in the civil register.
by the use of his true and official name.
In this case, Silverio failed to show, or even allege, any OUTLINE OF THE PROCEDURE under RULE 103
prejudice that he might suffer as a result of using his
true and official name. 1. Filing of petition
2. Issuance of order
3. Service of notice
Where change of name allowed arising from 4. Publication
change of gender 5. Initial hearing
6. Hearing on the merits
This rule becomes the exception to the general rule 7. Decision
in the Silverio case. 8. Appeal
9. Finality
In Republic v Cagandahan: the SC allowed a petition 10. Execution
for change of name arising from a change of gender.
Cagandahan here was diagnosed with congenital
adrenal hyperplasia, which is a condition where Overview
persons thus afflicted possess both male and female
characteristics. And so here, the trial court ordered the Filing of the petition is the first act that triggers the
correction of entries in the birth certificate of proceedings.
Cagandahan tp change her sex or gender, from female
to male, on the ground of her medical condition known Then, there is the issuance of the order setting
as CAH, and her name from Jennifer to Jeff, under Rule the case for the initial hearing.
103 and 108 of the Rules of Court.
After the court issues the order setting the case for
CAH is one of many conditions that involve intersex initial hearing, it will cause the service of the notice
anatomy. The term “intersexuality” applies to human to all interested parties.
beings who cannot be classified as either male or
female. If a person is biologically or naturally instersex, After the service of the notice, there will be
the determining factor in gender classification would be publication—this will be complied by the petitioner.
what the individual thinks of himself or herself at
the age of majority. Considering that Cagandahan’s On the date set, there will be an initial hearing.
change of name merely recognizes his preferred
gender, there is merit in respondent’s change of name Then, there will be subsequent hearing/s where the
and such change merits the change of entry in his birth petitioner will present evidence on the allegations of
certificate from male to female. the petition. If there is an oppositor, the oppositor
may also have the chance to present evidence.
Procedure
Then, after the presentation of evidence, the court
will render a decision.
Section 4. Hearing. — Any interested person may
appear at the hearing and oppose the petition. The
Solicitor General or the proper provincial or city If somebody is dissatisfied with the decision, he/she
fiscal shall appear on behalf of the Government of may appeal.
the Republic.
Once the decision becomes final and executory, it
Section 5. Judgment. — Upon satisfactory proof in will have to be executed.
open court on the date fixed in the order that such
order has been published as directed and that the
May the mother file a petition to change the

1. Filing of the Petition
surname or the middle name of her child? Or
perhaps an administrative petition to change the
Scope first name of the child? Shouldn’t the mother let
the child come of age and let the child decide
What is the scope of the application of Rule 103 whether or not to change the name?
petition? [Will be answered during the presentation of cases]
GR: No person can change his name or surname
without judicial authority (Art. 376, Civil Code) Where to file the petition?
The jurisdiction for Rule 103 and Rule 108 petitions
XPN: RA 8042 authorizes LCR or Consul General belongs to the RTC.
to change first name or nickname without need
of judicial order The special proceedings that you would go to MTC
are those that are administrative proceedings like
What does this imply? probate of will (because of the threshold value).
It implies that, in order for you to have a change in
your official name, your legal name—first name, Which RTC do you go to?
given name, surname or even middle name—you Go to the place of residence of the petitioner.
have to obtain judicial imprimatur for that.
Example: If you are a resident of Lapu-Lapu, then
But under R.A. 9048 as amended, the local civil you file your petition for change of name in the RTC
registrar or the consul general may now change of Lapu-Lapu.
the first name or the nickname of a person
without the need of a judicial order. So the
general rule remains to be that you have to go to Who may file
court to obtain a court order allowing you to change ➣ Person desiring to have his name changed
your name (first name, middle name, surname) but
for the purpose of changing the first
name/nickname, there’s no need to go to court— Form of the Petition
you only need to go to the local civil registrar or the ➣ Title or caption of the petition (and the
office of the consul general for places outside of the published order) must contain all the names and
Philippines. aliases that the applicant is known.
Limited Application of Rule 103 TN: Include nicknames known to the public, as
well as his baptismal name.
TN: Rule 103 has more limited application now—
Only change of middle name or surname that is NOT The name asked for also has to be stated in the title
an incident of a correction or cancellation of or the caption.
entries
Example: “IN RE: PETITION OF CHANGE OF
What does this mean? NAME FOR TAL POLANO; ALSO KNOWN AS SAL
It is possible that there will be a change in the middle POLANO AND JUAN DELA CRUZ – TO PAUL
name or surname that is not a consequence of a POLANO”
Rule 103 petition. There may be a change as an
incident or consequence of a correction or What happens if the names will not be alleged?
cancellation of entries pursuant to a petition under It will be a jurisdictional defect that would nullify
Rule 108. the entire proceedings. The petition will be
dismissed without prejudice, but the petitioner will
Illustration: In your birth certificate, it is indicated have to pay again for the filing fee and be back at
that your parents are married to each other—but in square one where he will need to have the
reality, they are not. So you will file a petition under publication again.
Rule 108 to correct that entry, perhaps to cancel that
entry.
➣ Contents of Petition:
But there is a legal consequence if your parents are 1) Petitioner’s residence in the province or
not in fact married to each other. That will make you city at least 3 years prior to filing
an illegitimate child or a non-marital child; in which 2) Cause for seeking change of name
case, if you are not acknowledged by your father, 3) Name asked for
then you cannot use the surname of your father—
although under the Family Code, an illegitimate/non- TN: Allege the personal circumstances of the
marital child may use the surname of the father, if petitioner.
the father has acknowledged him/her. So there’s an
implication that your middle name or surname will Put that the petitioner is of legal age, Filipino citizen,
change, not because you filed a petition for change and a resident of a specific place and his residence
of middle name or surname under Rule 103. It is an should have a territorial jurisdiction of the RTC.
incident or consequence of a correction or
cancellation of entries under Rule 108. ➣ Verified
a. By person desiring his name changed; or
b. By some other person on his behalf
There has to be a verification. The one who shall publication in the actual physical newspaper.
verify will sign the verification part. This will be the
petitioner (person desiring his name to be changed) - Example: Cebu Daily News is purely digital and
or another person on his behalf (e.g. his lawyer). so it cannot be published there.
The person who verifies the petition on behalf of the - Newspapers of General Circulation in the
petitioner should have personal knowledge of the City of Cebu: Sunstar, Freeman, SuperBalita,
acts and circumstances. Banat News
➣ Contains Certification of Non-forum Shopping The order should also state the caption.
There must also be a Certification of Non-forum Example:
Shopping to ensure that the parties did not file in
another court. First paragraph — “Filed before this Court is a
petition for change of name, filed by Tal Polano,
through counsel. Praying for the Court to issue an
2. Issuance of Order Setting the Initial Hearing order changing the name from Tal Polano to Paul
Polano.”
Condition for Issuance Next paragraph — “Finding the petition to be
➣ Petition is sufficient in form and substance sufficient in form and substance, the petition is
hereby scheduled for hearing on (specific date and
After the filing of the petition, the next step would be time) at the courtroom of this court.”
the issuance of the order setting the case for initial
hearing. Before the court does that, the court
determines first whether the petition is sufficient in 3. Service of Notice of Order
form and substance.
After the order has been issued by the judge, there
Form will also be another action on the part of the court.
The court will have to examine the petition whether it
is verified and whether it has a certification of non- The court personnel (civil case in-charge) will cause
forum shopping. the service of the notice of the order.
Substance To whom notice is served

There has to be an allegation that the petitioner is a 1) Petitioner through counsel, or both
resident of the city or municipality for at least 3 petitioner and counsel
years, what is the valid cause for the change of the
The petitioner has to be informed. If the petitioner is
name, etc.
represented by counsel, which is usually the case,
then notice to the petitioner may be made through
Contents of Order
counsel. Notice to counsel is notice to the
1) Purpose of the petition petitioner.
2) Date and place of initial hearing:
However, some courts would notify both the
- not within 30 days prior to an election nor
petitioner and counsel. This is because there are
within 4 months after the last publication
some lawyers who do not inform their clients. Thus,
TN: Hearing should be scheduled not within 30 days it is better if the petitioner him/herself is notified of
prior to an election. The rationale behind this is that, the order so that they cannot use it as an excuse.
if it would be too close to the election, there may be
an implication or a bearing on the right of a person to 2) Local Civil Registrar (LCR)
vote. Remember that this is a change of name, and
the name of that person in the records of the 3) Office of the Solicitor General (OSG)
COMELEC may not be updated on time for the This is because the State has an interest in your
purpose of allowing that person to exercise his right name and in the entries in your birth records, death
to suffrage. certificate, and all other entries in the local civil
Also, not within 4 months after the last publication. register.
The rationale behind this is to give the rest of the
world and potential interested parties sufficient time 4) Office of the Clerk of Court, RTC (for raffling)
to prepare; perhaps they want to engage in the The rules do not state that the OCC has to be given
services of a lawyer to file an opposition. So here, notice. However, it is important for the court to
they will be given sufficient time of at least 4 months. notify the OCC for purposes of raffling. The OCC
decides where the order will be published.
The petitioner cannot be the one to decide where the

3) Direct the publication of the order at
order will be published because they would most
petitioner’s expense at least once a week for
likely choose the cheapest one.
3 consecutive weeks in a newspaper of
general circulation in the province (or city)
The OCC will conduct a raffle among the accredited
- This is the meat of the order. papers, and the results of the raffle will be placed in
the minutes.
TN: The publication contemplated by the Rules is
cases for the day. The Petition is case no. 3.

First case shall be called, proceedings will
4. Publication of Order
ensue; then the second case; and finally, the
third case.
After the issuance of the order and the service of
notices by the court, now the Petitioner has to do Court Interpreter: Third case Your Honor —
something. The publication of the order is a key In Re: Petition for the Change of Name by Tal
jurisdictional requirement. Polano, also known as Sal Polano, Prayer for
Change of Name to Paul Polano
Rationale of Publication
➣ Proceedings are in rem. Court: Appearances.
Special proceedings are generally required to be
published because there is no service of summons. Counsel for Petitioner: *stands* Good morning,
Instead, there will be publication for the purpose of Your Honor. I am entering my appearance for the
binding the whole world. This is constructive notice Petitioner. Your Honor, we are ready to prove to the
to the whole world. This makes the proceedings in court our compliance with the jurisdictional
rem. This is also for the purpose of due process in requirements.
order for all other interested parties (potentially
oppositors) will have an opportunity to be heard if Court: Proceed, Counsel.
they so want.
Counsel for Petitioner: Your Honor, to prove
Secure from publisher: compliance with jurisdictional requirements, we
would like to pray for the marking of the
1) Newspaper clippings following exhibits:
2) Affidavit of Publication
○ As Exhibit “A” – the filing of the petition (already
After the 3rd week of publication, the lawyer or in court records);
petitioner should go to the publishing or newspaper ○ As Exhibit “B” – the order setting forth the date
company. They will have to get the affidavit of of the initial hearing of the case (already in
publication. court records also);
Affidavit of Publication ○ As Exhibit “C” – the notice of the order;

This is usually executed by the editor, associate ○ As Exhibit “D” – the entry of appearance of the
editor, or managing editor. It can be obtained from OSG; and
the publishing company, along with the newspaper ○ As Exhibit “E” – the newspaper clippings.
clippings.
AEL: Probably, submark notices sent to petitioner,
The Petitioner can choose to buy the paper on the OSG, LCR, etc. (refer to Exhibit “D”)
three publication dates, but the publishing company
will be furnishing the petitioner these parts of the Remember, the OSG will be furnished a copy of the
newspaper. order. The OSG represents the interest of the State.
5. Initial Hearing So, they will send to the court, usually via mail, an
entry of appearance, with attached deputation of
a member of the Prosecutor’s Office, because of
Proceedings during Initial Hearing
the shortage of lawyers in the OSG.
1) Petitioner marks and offers (initial) exhibits to
If the OSG’s letter of appearance is not yet on
prove compliance with jurisdictional facts
record, would it make the proceedings invalid, or
➢ Petition should the proceedings be suspended?
➢ Order
If you are the lawyer of the Petitioner, you can tell
➢ Notice of Order
the Court:
➢ Entry of Appearance of OSG with
deputation of the prosecutor’s office
Your Honor, there is no letter of appearance from
➢ Newspaper clippings
the OSG yet, and there is also no deputation yet of
➢ Affidavit of Publication
the prosecutor’s office. But by practice, considering
that the OSG will deputize the City Prosecutor’s
2) Court interpreter reads title of the petition and
Office and the Honorable City Prosecutor is here, we
asks if there are oppositors
will reserve the marking of the document itself as
Exhibit “D”. Once it arrives, Your Honor, we will mark
3) If there is none, petitioner prays for order of
the documents as follows:
general default, except as against the state
○ As Exhibit “D” – the OSG’s entry of
4) Court schedules presentation of evidence on the appearance; and
merits or, upon petitioner’s prayer, directs ○ As Exhibit “D-1” – the deputation of the City
petitioner to present evidence ex parte before Prosecutor’s Office.
branch COC acting as commissioner
ILLUSTRATION: In the court calendar, there are 10
6. Presentation of Evidence 2) LCR’s actions (ministerial):

➢ Record the decision in the register
Sequence ➢ Annotate change in the in subject birth
certificate
1) Evidence in chief for petitioner - The LCR needs to annotate the change
➣ Testimonial in the name in the birth certificate.
➣ Documentary
➢ Endorse birth certificate with annotation
2) Evidence in chief for oppositor (if any) and the relevant documents to the OCRG.
- The LCR has to prepare an
endorsement for the purpose of
7. Decision processing the recording of the change
in the office of the civil registrar in
Service of Decision manila.
➣ Petitioner through counsel, or both petitioner and
3) Petitioner files with the OCRG the
counsel
endorsement, corrected birth certificate, and
➣ Oppositors, if any other documents from the LCR
- The Petitioner will then file with the office of
➣ OSG
SolGen (di ka relate si BBM 😎) in Manila the
➣ Prosecutor’s Office endorsement from the LCR, the corrected
birth certificate, and the other documents
➣ LCR
from the LCR.
8. Appeal After six months to one year, one can already

request for a new PSA copy with the correction
Mode of Appeal annotated.
GR: Ordinary appeal to the Court of Appeals

➢ File with same court (RTC) a notice of appeal CORRECTION WITHOUT JUDICIAL
(no need for record on appeal) APPROVAL under Republic Act No. 9048
➢ File within 15 days from receipt of decision
(or the resolution denying the MR) The general rule is: No entry in the civil register
➢ Mixed questions of fact and law shall be changed or corrected without a judicial
order.
XPN: Petition for Review on Certiorari under Rule 45 ● This is pursuant to Article 412 of the Civil Code.
to the Supreme Court There’s also another provision pertaining to
➢ File with SC directly names.
➢ File within 15 days from receipt of decision ● This applies not only to the birth records; but
(or the resolution denying the MR) also to the records for marriage, etc.
➢ Pure questions of law
In terms of the birth records, it's not only the
name, but also the other entries (i.e. sex, date
9. Finality of birth etc.).
When does the decision become final? ● So, the general rule is there should be a judicial
order; there has to be a judicial imprimatur.
➢ If there is no appeal
➢ If appeal has been decided with finality by the The exception to this rule is under RA 9048, as
appellate court amended by RA 10172.
● Now, there may be administrative corrections in

10. Execution the LCR even without a judicial imprimatur.
Procedure ● Clerical errors, typographical errors, day and

month of the date of birth, even the sex, may
1) Petitioner files with the LCR of his residence already be corrected using administrative
the ff: correction without a court order.
➢ Letter-request (not mandatory) ● The Local Civil Registrar may, in proper cases,
➢ Certified copy of petition, decision, and effect these corrections.
certificate of finality
● Thus, there are now instances when the
changes to be made do not need a judicial in addition to the middle and last names.
proceeding.
Section 3. Who May File the Petition and Where.
— Any person having direct and personal interest in
RA 9048, as amended by RA 101722 the correction of a clerical or typographical error in an
entry and/or change of first name or nickname in the
RA 9048 approved March 22, 2001; civil register may file, in person, a verified petition
RA 10172 approved August 15, 20123 with the local civil registry office of the city or
municipality where the record being sought to be
corrected or changed is kept.
Section 1. Authority to Correct Clerical or
Typographical Error and Change of First Name or In case the petitioner has already migrated to another
Nickname. — No entry in a civil register shall be place in the country and it would not be practical for
changed or corrected without a judicial order, except such party, in terms of transportation expenses, time
for clerical or typographical errors and change of first and effort to appear in person before the local civil
name or nickname, the day and month in the date of registrar keeping the documents to be corrected or
birth or sex of a person where it is patently clear that changed, the petition may be filed, in person, with the
there was a clerical or typographical error or mistake local civil registrar of the place where the interested
in the entry, which can be corrected or changed by party is presently residing or domiciled. The two (2)
the concerned city or municipal civil registrar or local civil registrars concerned will then communicate
consul general in accordance with the provisions of to facilitate the processing of the petition.
this Act and its implementing rules and regulations.
Citizens of the Philippines who are presently residing
Section 2. Definition of Terms. — As used in this or domiciled in foreign countries may file their
Act, the following terms shall mean: petition, in person, with the nearest Philippine
Consulates.
(1) City or Municipal civil registrar” refers to the head
of the local civil registry office of the city or The petitions filed with the city or municipal civil
municipality, as the case may be, who is appointed registrar or the consul general shall be processed in
as such by the city or municipal mayor in accordance accordance with this Act and its implementing rules
with the provisions of existing laws. and regulations.
(2) “Petitioner” refers to a natural person filing the All petitions for the clerical or typographical errors
petition and who has direct and personal interest in and/or change of first names or nicknames may be
the correction of a clerical or typographical error in an availed of only once.
entry or change of first name or nickname in the civil
register. Section 4. Grounds for Change of First Name or
Nickname. — The petition for change of first name or
(3) “Clerical or typographical error” refers to a nickname may be allowed in any of the following
mistake committed in the performance of clerical cases:
work in writing, copying, transcribing or typing an
entry in the civil register that is harmless and (1) The petitioner finds the first name or nickname to
innocuous, such as misspelled name or misspelled be ridiculous, tainted with dishonor or extremely
place of birth, mistake in the entry of day and month difficult to write or pronounce.
in the date of birth or the sex of the person or the like,
which is visible to the eyes or obvious to the (2) The new first name or nickname has been
understanding, and can be corrected or changed only habitually and continuously used by the petitioner
by reference to other existing record or records: and he has been publicly known by that by that first
Provided, however, That no correction must involve name or nickname in the community: or
the change of nationality, age, or status of the
petitioner. (3) The change will avoid confusion.
(4) “Civil Register” refers to the various registry books Section 5. Form and Contents of the Petition. —
and related certificates and documents kept in the The petition for correction of a clerical or
archives of the local civil registry offices, Philippine typographical error, or for change of first name or
Consulates and of the Office of the Civil Registrar nickname, as the case may be, shall be in the form of
General. an affidavit, subscribed and sworn to before any
person authorized by law to administer oaths. The
(5) “Civil registrar general” refers to the Administrator affidavit shall set forth facts necessary to establish
of the National Statistics Office which is the agency the merits of the petition and shall show affirmatively
mandated to carry out and administer the provision of that the petitioner is competent to testify to the
laws on civil registration. matters stated. The petitioner shall state the
particular erroneous entry or entries, which are
(6) “First name” refers to a name or nickname given sought to be corrected and/or the change sought to
to a person which may consist of one or more names be made.
The petition shall be supported with the following

2 Changes to Sec. 1, 2, 5, and 8 pursuant to the amendment documents:
are highlighted (1) A certified true machine copy of the certificate or
3 G.R. No. 118387, October 11, 2001
of the page of the registry book containing the (1) The error is not clerical or typographical;
entry or entries sought to be corrected or
changed; (2) The correction of an entry or entries in the civil
register is substantial or controversial as it affects the
(2) At least two (2) public or private documents civil status of a person; or
showing the correct entry or entries upon which
the correction or change shall be based; and (3) The basis used in changing the first name or
nickname of a person does not fall under Section 4.
(3) Other documents which the petitioner or the city
or municipal civil registrar or the consul general The civil registrar general shall immediately notify the
may consider relevant and necessary for the city or municipal civil registrar or the consul general
approval of the petition. of the action taken on the decision. Upon receipt of
the notice thereof, the city or municipal civil registrar
No petition for correction of erroneous entry or the consul general shall notify the petitioner of
concerning the date of birth or the sex of a person such action.
shall be entertained except if the petition is
accompanied by earliest school record or earliest The petitioner may seek reconsideration with the civil
school documents such as, but not limited to, medical registrar general or file the appropriate petition with
records, baptismal certificate and other documents the proper court.
issued by religious authorities; nor shall any entry
involving change of gender corrected except if the If the civil registrar general fails to exercise his power
petition is accompanied by a certification issued by to impugn the decision of the city or municipal civil
an accredited government physician attesting to the registrar or of the consul general within the period
fact that the petitioner has not undergone sex change prescribed herein, such decision shall become final
or sex transplant. The petition for change of first and executory.
name or nickname, or for correction of erroneous
entry concerning the day and month in the date of Where the petition is denied by the city or municipal
birth or the sex of a person, as the case may be, shall civil registrar or the consul general, the petitioner may
be published at least once a week for two (2) either appeal the decision to the civil registrar general
consecutive weeks in a newspaper of general or file the appropriate petition with the proper court.
circulation.
Section 8. Payment of Fees. — The city or
Furthermore, the petitioner shall submit a certification municipal civil registrar or the consul general shall be
from the appropriate law enforcement agencies that authorized to collect reasonable fees as a condition
he has no pending case or no criminal record. for accepting the petition. An indigent petitioner shall
be exempt from the payment of the said fee.
The petition and its supporting papers shall be filed in
three (3) copies to be distributed as follows: first copy The fees collected by the city or municipal civil
to the concerned city or municipal civil registrar, or registrar or the consul general pursuant to this Act
the consul general; second copy to the Office of the shall accrue to the funds of the Local Civil Registry
Civil Registrar General; and third copy to the Office concerned or the Office of the Consul General
petitioner. for modernization of the office and hiring of new
personnel and procurement of supplies, subject to
Section 6. Duties of the City or Municipal Civil government accounting and auditing rules.
Registrar or the Consul General. — The city or
municipal civil registrar or the consul general to Section 9. Penalty Clause. — A person who violates
whom the petition is presented shall examine the any of the provisions of this Act shall, upon
petition and its supporting documents. He shall post conviction, be penalized by imprisonment of not less
the petition in a conspicuous place provided for that than six (6) years but not more than twelve (12)
purpose for ten (10) consecutive days after he finds years, or a fine of not less than Ten thousand pesos
the petition and its supporting documents sufficient in (P10,000.00) but not more than One Hundred
form and substance. Thousand pesos (P100,000.00), or both, at the
discretion of the court.
The city or municipal civil registrar or the consul
general shall act on the petition and shall render a In addition, if the offender is a government official or
decision not later than five (5) working days after the employee he shall suffer the penalties provided under
completion of the posting and/or publication civil service laws, rules and regulations.
requirement. He shall transmit a copy of his decision
together with the records of the proceedings to the Section 10. Implementing Rules and Regulations.
Office of the Civil Registrar General within five (5) — The civil registrar general shall, in consultation
working days from the date of the decision. with the Department of Justice, the Department of
Foreign Affairs, the Office of the Supreme Court
Section 7. Duties and Powers of the Civil Administrator, the University of the Philippines Law
Registrar General. — The civil registrar general Center and the Philippine Association of Civil
shall, within ten (10) working days from receipt of the Registrars, issue the necessary rules and regulations
decision granting a petition, exercise the power to for the effective implementation of this Act not later
impugn such decision by way of an objection based than three (3) months from the effectivity of this law.
on the following grounds:
Section 11. Retroactivity Clause. — This Act shall
have retroactive effect insofar as it does not prejudice

RA No. 9048 was originally limited to typographical
or impair vested or acquired rights in accordance with
errors in a person’s name or place of birth. This has
the Civil Code and other laws.
been expanded by R.A. 10172.
Section 12. Separability Clause. — If any portion or
As amended, the following entries may now be
provision of this Act is declared void or
changed through administrative proceedings:
unconstitutional, the remaining portions or provisions
1. First name;
thereof shall not be affected by such declaration.
2. Nickname;
3. Day and month in the date of birth; and
Section 13. Repealing Clause. — All laws, decrees,
4. Sex.
orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this
The law is also clear that administrative correction
Act are hereby repealed or modified accordingly.
of entries must not involve:
(a) Nationality
Section 14. Effectivity Clause. — This Act shall
(b) Age; and
take effect fifteen (15) days after its complete
(c) Status.
publication in at least two (2) national newspapers of
general circulation.
Thus, although a person’s citizenship was inadvertently
and mistakenly entered as “Chinese” instead of
“Filipino,” the jurisdiction of the court to order the
Significance of RA 9048
corrective or alteration of entries in the civil registry,
allowed under Art. 412 of the Civil Code, is limited only
With the law’s passage, an entry in a civil register may to innocuous or clerical mistakes.
now be changed or corrected when it involves clerical
or typographical errors and change of first name or Under said law, jurisdiction over application for change
nickname, the day and month in the date of birth or sex of first name is now primarily lodged with administrative
of a person where it is patently clear that there was a officers. The law now excludes the change of first name
clerical or typgoraphical error or mistake in the entry from the coverage of Rule 103 “until and unless an
which can be corrected. administrative petition for change of name is first filed
and subsequently denied” and removes “correction or
As observed in Lee v. CA, clerical or typographical changing of clerical errors in entries of the civil register
errors in the entries of the civil register are now to be from the ambit of Rule 108.” Hence, what is left for the
corrected and changed without need of a judicial scope of operation of the rules are substantial changes
order and by the city or municipal civil registrar or and corrections in entries of the civil register. In sum,
consul general. Hence, what is left for the scope of the remedy and the proceedings regulating change of
operation og Rule 108 are substantial changes and first name are primarily administrative in nature, not
corrections in entries of the civil register. RA 9048 is the judicial.
Congress’ response to the confusion wrought by the
failure to delineate what exactly is the so-called
“summary procedure” for changes or corrections of a Who may file and Where to file the petition
harmless or innocuous nature as distinguished from
that “appropriate adversary proceedings” for An administrative proceeding for correction of clerical
changes or corrections of a substantial kind. RA 9048 errors pursuant to RA 9048 may be initiated by any
embodies the summary procedure, while Rule 108 is person having direct and personal interest in such
the appropriate adversary proceeding. correction. 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,
Coverage grandparents, guardian, or any person duly authorized
by law or by the owner of the document sought to be
Changes in entries in a civil register under RA No. 9048 corrected.
are limited only to clerical or typographical errors.
GR: The verified petition must be filed with the local
Clerical or Typographical Errors civil registry office of the city or municipality where
“A mistake committed in the performance of clerical the record sought to be corrected or changed is
work in writing, copying, transcribing or typing an entry kept.
in the civil register that is harmless and innocuous, such
as misspelled name or misspelled place of birth, or the XPNs:
sex of the person or the like, which is visible ot the eyes 1. If the petitioner has migrated to another place in
or obvious to the understanding, and can be changed the Philippines, and it would be impractical for the
or corrected only by reference to other existing records. petitioner to appear in person before the LCR in
custody of the documents to be corrected —
Petition may be filed with the local civil registrar
Provided, however, that no correction must involve of the place where the interested party is
the change of nationality, age, or status of the presently residing or domiciled. In this case,
petitioner.”4 both LCR shall communicate to each other to
facilitate the processing of the petition.
4 SC Justices usually look for an opportunity to enrich jurisprudence 2. A Filipino citizen residing in a foreign country may
(e.g. Justice Leonen usually waits for the proper case to come to avail of the proceeding by filing their petition with
court and uses it to inject his judicial philosophy.)
the nearest Philippine consulate. ● The petition and its supporting papers shall be
filed in three copies, to be distributed as follows:
1. City or Municipal Civil Registrar
Person Filing Where to File 2. Office of the Civil Registrar General
3. Petitioner
GR Any person having Local Civil Registry
● When petition involves correction of erroneous
direct and personal (LCR) office of the city
interest in the or municipality where entry concerning DATE of BIRTH or SEX, the
correction of a clerical the record being sought petition must be accompanied by the earliest
or typographical error to be corrected or school record or earliest school documents
in an entry and/or changed is kept. such as medical records, baptismal certificate,
change of first name and other documents issued by religious
or nickname in the authorities.
civil registrar.
● Entry involving CHANGE OF GENDER may only
XPNs Petitioner migrated to LCR of the place where
be corrected IF accompanied by a certification
another place in the the interested party is
country presently residing or
issued by an accredited government physician
domiciled. attesting to the fact that the petitioner has not
undergone sex change or sex transplant.
Filipino Citizens who Nearest Philippine
are presently residing consulate
or domiciled in a Publication
foreign country
The petition for change of first name or nickname or for
correction of erroneous entry concerning date of birth or
Grounds for Change of First Name or Nickname the sex of a person shall be published at least (1) once
a week for (2) two consecutive weeks in a
A person’s first name or nickname may be changed newspaper of general circulation.
on the ff. grounds:
Action on the Petition by Civil Registrar
(1) The petitioner finds the first name or nickname to or Consul General
be ridiculous, tainted with dishonor or extreme
difficult to pronounce or write; The city or municipal civil registrar or the consul general
(2) The new first name or nickname has been to whom the petition is presented shall examine the
habitually and continuously used by petitioner and petition and if he finds the petition and its supporting
he has been publicly known by that first name or documents to be sufficient in form and substance, he
nickname in the community; or shall post the petition in a conspicuous place
provided for that purpose for ten (10) consecutive
(3) The change will avoid confusion. days.
Form and Contents of Petition Thereafter, he shall render within five (5) working
days his decision, granting or denying the petition. If he
Under RA 9048, the petition shall be in the form of an grants the petition, he shall transmit a copy of his
affidavit, subscribed and sworn to before any decision together with the records of the proceedings to
person authorized by law to administer oaths. the Office of the Civil Registrar General within five (5)
working days from the date of the decision.
The affidavit:
Civil Registrar General (CRG) is the administrator of the
(a) Shall state facts necessary to establish the
National Statistics Office (the agency mandated to carry
merits of the petition, and
out and administer the provisions of laws on civil
(b) Shall show affirmatively that the petitioner is
registration)
competent to testify to the matters stated.
CRG shall, within ten (10) working days from receipt of
The following documents must also be attached:
decision granting decision, shall exercise the power to
1. A certified true copy of the certificate or of the impugn such decision because of an objection based
page of the registry book containing the entry on the following grounds:
or entries sought to be corrected;
2. At least 2 public or private documents showing (1) The error is not clerical or typographical;
the correct entry or entries upon which the (2) The correction of an entry or entries in the civil
correction or change shall be based; and register is substantial or controversial as it
3. Other documents which the petitioner or the city affects the civil status of a person; or
or municipal civil registrar or the consul general (3) The basis used in changing the first name or
may consider relevant and necessary for the nickname of a person does not fall under
approval of the petition. Section 4 (R.A. 9048).
➔ Petitioner should also submit a certification from
CR shall immediately notify the city or municipal
the appropropriate law enforcement agencies
civil registrar or the consul general of the action
that he has no pending case or criminal
taken on the decision. Upon receipt of the notice
record.
thereof, the city or municipal civil registrar or the consul
general shall notify the petitioner of such action.
Rule 43 of the Rules of Court and the proper court is

If the civil registrar general fails to exercise his power to the Court of Appeals, since the civil registrar general
impugn the decision of the city or municipal civil is performing quasi-judicial functions.
registrar or of the consul general within 10 days from
receipt thereof, such decision shall become final
and executory.
Remedies of Petitioner from Adverse Decision Q: What is the difference between R.A. 9084 and
Rule 103?
If the city or municipal registrar or consul general A: The procedure in R.A. 9048 is the same; except
denies the petition, the petitioner may appeal to the that, instead of going to court, you now go to the
civil registrar general within 10 working days after the civil registrar.
receipt of the decision, by filing a notice of appeal with
the city or municipal registrar concerned and stating So you want something to be changed, like your first
therein that he is appealing to the civil registrar general name, under R.A. 9048. You go to the LCR. In this
on any of the following grounds: case, the one who will issue the publication is not
1. newly discovered evidence which shall the judge, but the civil registrar. If there is no
materially affect, alter, modify or reverse the raffling (as to what paper will do the publication),
decision of the civil registrar or consul general; then it will be the petitioner who will choose the
paper. After the publication, copies of the clippings,
2. the denial of the petition is erroneous or not affidavit of publication will be brought to the civil
supported by evidence; or registrar. The civil registrar, now, will decide if it is
3. the denial is done with grave abuse of meritorious (there will be no hearing, just submission
authority or discretion. of the documents). The submission of documents to
the LCR is like the presentation of evidence in the
● The civil registrar general shall render a decision on court.
the appeal within 30 calendar days after receipt
thereof. When you submit the documents, the LCR cannot be
bound by the Rules of Civ Pro because that’s just
● The decision of the civil registrar general shall administrative. In fact as we learned in Sec. 108,
be transmitted to the civil or municipal registrar aside from the change of first name, you can also
concerned within 10 working days after the date of change your Sex. Before, you would still have to file
the decision. a Petition for Correction with the RTC, but now, you
just have to go directly to the LCR under
administrative correction. But the procedure is still
● Within 10 working days after receipt of the
the same:
decision, the city or municipal registrar shall notify
1. File a petition
the petitioner and shall carry out the decision.
2. Publication
- Very important because it’s a notice to the
However, instead of appealing the adverse decision of
whole world. If there’s an oppositor, they
the city or municipal civil registrar or consul general to
can also oppose with the LCR
the civil registrar general, the petitioner has the option
3. Submit your proof
to:
- What’s your proof that you really are Male?
➔ “file the appropriate petition with the proper
You submit a med cert that a doctor
court” under Section 7 of Republic Act No. 9048
examined you.
and Rule 14.4 of the Implementing Rules and
Regulations.
Before, since it’s judicial, you would have to pay for
your lawyer, docket fees, etc.
What is the “appropriate petition” as well as the
“proper court”?
Now, it’s not as expensive anymore because you
If the decision has become final as no appeal was can directly go to the LCR.
taken, the appropriate remedy is a petition for
certiorari under Rule 65 of the Rules of Court, and the Remember, there are instances where the petitioner
proper court is the Court of Appeals, on the ground has undergone sex assignment or has a medical
that the civil registrar or consul general has acted condtion (Cagandahan & Silverio cases)
without or in excess of jurisdiction or with grave abuse
of discretion.
Q: If the last name and first name both have
On the other hand, if the civil registrar general reverses errors, do you split? Do you file a petition with
the decision of the civil registrar or consul general the LCR for the change of first name?
granting the petition, the petitioner may:
A: The change of first name is administrative, so you
1. file a motion for reconsideration within go to the LCR.
fifteen (15) working days from receipt of the
decision, based only on the ground of newly We’re still in Change of Name under Rule 103. You
discovered evidence, or want to change your surname, but on what basis?
Rule 103 is standing on its own because there is a
2. “file the appropriate petition with the proper
change of surname which is a consequence of a
court.”
Rule 108 petition. For example, if it turns out that the
parents are unmarried, then you are an illegitimate
The appropriate petition is a petition for review under
child. And if you were not acknowledged by your

father, your surname must be that of your mother’s, the first name?
and you have no middle initial, contrary to common A: Yes, we go back to the original rules. The
misconception. general rule under the Civil Code is all entries; the
first name, surname, as required, is that it must be
AEL: (for illustration purposes) This is what by judicial order. You should go to court but they just
happened to my cousin. democratize or made it easier for litigants and no
What he carried as his middle name is the middle longer hassle them with the little things. Having a
name of his/her mother. Actually, there’s no middle lawyer is costly, i.e; acceptance fee.
name to speak of. In the Philippines, the style is that Just for that purpose of changing an error in a record
one's middle name is the surname of the mother and and imagine three petitions. A single petition is
the last name is the surname of the father. allowed. If allowed under RA 9048 as amended, go
to the LCR. The lawyer still has a role for the
If the illegitimate child is not acknowledged by the notarization of documents but when it comes to
father, the surname used is the mother’s surname. getting a lawyer and paying for acceptance or
But what is the middle of the illegitimate child? appearance fees during hearings, no need. Thus, it’s
There is none. cheaper.
Q: Is it only a clerical error in the first name that

Q: If in my birth certificate, I want to change my may be corrected by the civil registrar?
first name, surname, and the sex recorded is A: It may also involve corrections in the sex, and the
also wrong. Do I have to file a petition with the day and month of birth; but with a condition that it
LCR, petition with the RTC for change of name, is not an incident of a correction or a
and petition with the RTC for correction of cancellation of entry.
entries?
A: Ideally, there will be three petitions. Q: How is it possible that there is a change of
name that is in fact a consequence of a Rule 108
We will learn under Rule 108 that the venues of the petition?
petitions are different. A: If it concerns the status of a person from a
legitimate/illegitimate child.
Under Rule 103, you file the petition in the RTC of
the place of residence; but under Rule 108, you file Example: If there is a petition for correction or
the petition in the RTC of the province or city of cancellation of certain entries like, in the birth
the LCR where the record is found. certificate of a child it appears that the parents are
married to each other but they are in fact not
Example: I am born in Bogo City. I am a resident of married. So, now the child wants that the entry, the
Lapu-Lapu. If I’ll file a petition for change of date, and place of marriage be deleted; he would
surname, I should go to the RTC of Lapu-Lapu also want to change the surname and wants to use
because it’s my residence. But if I’ll file for a petition the surname of his mother. Although as long as the
for correction of entries under Rule 108, I’d go to the child is acknowledged by the father—even if the
RTC of Bogo. I’ll also file a petition for change of first child is non-marital or illegitimate—the child can still
name in the LCR of Bogo. Thus, there will be three use the surname of the father; but the child has the
proceedings. option of adopting the surname of the mother so that
is the change of name that is an incident of Rule 108
petition. A change of name under Rule 103 is solely
AEL: When there is a change of surname as a
for the purpose of changing a specific name.
consequence of a correction of an entry in the
birth records, and you also want to change your
first name, what you can do is you can incorporate
the prayer for the change of the first name in RULE 108
your petition in court. There is no prohibition that it
can’t be included. There’s no express provision Cancellation or Correction of Entries
allowing this, but you can file a single petition in the Civil Registry
incorporating your prayers therein. There’ll be no
apparent splitting. It’s not really splitting a cause
Authority of Trial Courts to Make
of action because this is not an ordinary civil
Judicial Corrections
action. What I’m saying is, you can incorporate all
these things in a single petition and it would make
There is no intent on the part of the lawmakers to
more sense to file a petition for correction and you
remove the authority of the trial courts to make
will say that part of the correction that you’re asking
judicial corrections of entries in the civil registry.
would be not only the correction of the sex but also a
correction in your surname as a consequence of the The Local Civil Registrar has primary, not exclusive,
fact that you are an illegitimate or a nonmarital child jurisdiction over petitions for correction of clerical
(term introduced by the Court lately) and also, you errors and change of first name or nickname. The
can incorporate a prayer for the change in the first procedure for these kinds of petitions are under RA No.
name but you have to justify it. 9048 which refers specifically to the administrative
summary proceeding before the civil registrar.
Q: Does the RTC have the jurisdiction to change
the party seeking relief has given legal warning to the

Who may File a Petition under Rule 108
other party, and afforded the latter an opportunity to
contest it.
Section 1. Who may file petition. — Any person
interested in any act, event, order or decree There is an appropriate proceeding where:
concerning the civil status of persons which has
1. All relevant facts have been fully weighed and
been recorded in the civil register, may file a verified
considered;
petition for the cancellation or correction of any entry
relating thereto, with the Court of First Instance of 2. Opposing counsel have been given opportunity
the province where the corresponding civil registry is to demolish the opposing party’s case; and
located. 3. Evidence has been thoroughly weighed and
considered
Nature of Proceedings
Republic v. Valencia
Jurisprudence provides that Rule 108 should be limited G.R. No. L-32181 March 5, 1986
solely to implementation of Article 12, the substantive
law on the matter of correcting errors in the civil DOCTRINE: If the subject matter of a petition is not
register. Article 412 contemplates a summary for the correction of clerical errors of a harmless and
proceeding, involving correction of clerical errors, or a innocuous nature, but one involving nationality or
harmless, innocuous nature, not changes involving civil citizenship, which is indisputably substantial as well
status, nationality or citizenship, which are substantial as controverted, affirmative relief cannot be granted
and/or controversial. in a proceeding summary in nature. The appropriate
proceeding must be adversarial.
However, not all actions filed under Rule 108 are
summary in nature. For instance, the fact that the FACTS: Respondent Leonor Valencia filed with the
petition is published once a week for three consecutive Court of First Instance of Cebu a petition for the
weeks, the Solicitor General was served with copies of cancellation and/or correction of entries of birth of
the petition as well as notices of hearing, the Solicitor Bernardo Go and Jessica Go in the Civil Registry of
opposed the petition, among others, strongly indicates the City of Cebu. The petition seeks substantial
that the proceeding is adversarial. Republic v. changes involving the civil status and nationality or
Valencia clarifies when the proceedings are considered citizenship of respondents..
summary or adversarial:
The substantial changes consist of their nationality
“This Court adheres to the principle that even from “Chinese” to “Filipino” and their status from
substantial errors in a civil registry may be corrected “Legitimate” to Illegitimate”, and changing also the
and the true facts established provided the parties status of the mother from “married” to “single”.
aggrieved by the error avail themselves of the
appropriate adversary proceeding. As a matter of Finding the petition to be sufficient in form and
fact, the opposition of the Solicitor General dated substance, the trial court issued an order directing
February 20, 1970 while questioning the use of the publication of the petition and the date of hearing
Article 412 of the Civil Code in relation to Rule 108 thereof in the Cebu Advocate, a newspaper of
of the Revised Rules of Court admits that “the general circulation in the city and province of Cebu.
entries sought to be corrected should be threshed
out in an appropriate proceeding.” The Solicitor General filed an opposition to the
petition alleging that the petition for correction of
What is meant by “appropriating adversary entry in the Civil Registry pursuant to Article 412 of
proceeding”? the New Civil Code of the Philippines in relation to
Black’s Law Dictionary defines adversary proceeding Rule 108 of the Revised Rules of Court,
as follows: contemplates a summary proceeding and correction
of mere clerical errors, and not changes or
One having opposing parties; contested, as corrections involving civil status, nationality, or
distinguished from an ex parte application, one of which citizenship which are substantial and controversial.
the party seeking relief has given legal warning to the As a response, Valencia argued that substantial
other party, and afforded the latter an opportunity to changes can be made in the civil registry concerning
contest it. Excludes an adoption proceeding.” civil status provided that (1) the proper suit is filed,
and (2) evidence is submitted, either to support the
If procedural requisites under Secs. 3,4, and 5 of Rule allegations of the petition or to disprove the same;
108 are followed, a petition for correction and/or that respondents have complied with these
cancellation of entries in the record of birth even if filed requirements by filing the present special proceeding
and conducted under Rule 108 of the Revised Rules of for cancellation or correction of entries in the civil
Court can no longer be described as “summary”. registry pursuant to Rule 108 of the Revised Rules of
Court and that they have caused reasonable notice
The procedure becomes an adversary proceeding to be given to the persons named in the petition and
when the civil register or any person having or claiming have also caused the order for the hearings of their
interest in entries sought to be cancelled and/or petition to be published for three (3) consecutive
corrected files an opposition and it is actively weeks in a newspaper of general circulation in the
prosecuted. IOW, an appropriate adversary proceeding province
is one having opposing parties; contested, as
distinguished from an ex parte application, one of which The Local Civil Registrar filed a motion to dismiss on
the ground the petition seeks to change the in the City of Cebu. Notice thereof was duly served
nationality or citizenship of Bernardo Go and Jessica on the Solicitor General, the Local Civil Registrar and
Go from "Chinese" to "Filipino" and their status from Go Eng. The order likewise set the case for hearing
"Legitimate" to Illegitimate", and changing also the and directed the local civil registrar and the other
status of the mother from "married" to "single". respondents or any person claiming any interest
under the entries whose corrections were sought, to
For context, Article 412 of the Civil Code provides file their opposition to the said petition. An opposition
that "No entry in a civil register shall be changed or to the petition was consequently filed by the Republic
corrected, without a judicial order." on February 26, 1970. Thereafter a full blown trial
followed with respondent Leonor Valencia testifying
ISSUE: Whether the chosen proceeding is and presenting her documentary evidence in support
appropriate of her petition. The Republic on the other hand
cross-examined respondent Leonor Valencia.
RULING: Yes, the chosen proceeding is appropriate As such, the petition filed by the respondent in the
because the changes to be made are substantial. lower court by way of a special proceeding for
cancellation and/or correction of entries in the civil
It is undoubtedly true that if the subject matter of a register with the requisite notice and publication and
petition is not for the correction of clerical errors of a the recorded proceedings that actually took place
harmless and innocuous nature, but one involving thereafter could very well be regarded as that proper
nationality or citizenship, which is indisputably suit or appropriate action
substantial as well as controverted, affirmative relief
cannot be granted in a proceeding summary in
nature. However, it is also true that a right in law may Q: What happened in the proceeding?
be enforced and a wrong may be remedied as long The Court cited Black's Law definition of
as the appropriate remedy is used. appropriate adversary proceeding: One having
opposing parties; contested, as distinguished from
A remedy or proceeding is appropriate if the trial an ex parte application, one of which the party
court has conducted proceedings where all relevant seeking relief has given legal warning to the other
facts have been fully and properly developed, where party, and afforded the latter an opportunity to
opposing counsel have been given opportunity to contest it.
demolish the opposite party's case, and where the
evidence has been thoroughly weighed and Q: Who is the other side in a petition for change
considered. of name under Rule 103 or petition for correction
under Rule 108? Is there a defendant here?
In proceedings involving changes in the records of A: Technically, it is the state which will oppose the
birth, the following is the procedure: petition, as represented by the Solicitor General.
1. Upon the filing of the petition, it becomes the
duty of the court to — (1) issue an order
fixing the time and place for the hearing of Entries subject to Cancellation or Correction
the petition, and (2) cause the order for under Rule 108, in relation to RA 9048
hearing to be published once a week for
three (3) consecutive weeks in a newspaper Section 2. Entries subject to cancellation or
of general circulation in the province. correction. — Upon good and valid grounds, the
2. The following are likewise entitled to oppose following entries in the civil register may be
the petition: — (1) the civil registrar, and (2) cancelled or corrected:
any person having or claiming any interest (a) births:
under the entry whose cancellation or (b) marriage;
correction is sought. (c) deaths;
(d) legal separations;
If all these procedural requirements have been (e) judgments of annulments of marriage;
followed, a petition for correction and/or cancellation (f) judgments declaring marriages void from the
of entries in the record of birth even if filed and beginning;
conducted under Rule 108 of the Revised Rules of (g) legitimations;
Court can no longer be described as "summary". (h) adoptions;
There can be no doubt that when an opposition to (i) acknowledgments of natural children;
the petition is filed either by the Civil Registrar or any (j) naturalization;
person having or claiming any interest in the entries (k) election, loss or recovery of citizenship;
sought to be cancelled and/or corrected and the (l) civil interdiction;
opposition is actively prosecuted, the proceedings (m) judicial determination of filiation;
thereon become adversarial. (n) voluntary emancipation of a minor; and
(o) changes of name.
Here, a petition for cancellation and/or correction of
entries of birth of Bernardo Go and Jessica Go in the
Effect of RA 9048: to make possible the administrative
Civil Registry of the City of Cebu was filed by
correction of clerical or typographical errors or change
respondent Leonor Valencia on January 27, 1970,
of first name or nickname in entries in the civil register,
and pursuant to the order of the trial court dated
leaving to Rule 108 the correction of substantial
February 4, 1970, the said petition was published
changes in the civil registry in appropriate adversarial
once a week for three (3) consecutive weeks in the
proceedings.
Cebu Advocate, a newspaper of general circulation
Congress’ response to the confusion wrought by the

The fact that no one opposed the petition, including
failure to delineate as to what exactly is that so-called
the OSG, did not deprive the court of its jurisdiction to
summary procedure for changes or corrections of a
hear the same and did not make the proceeding less
harmless or innocuous nature as distinguished from
adversarial in nature.
that appropriate adversary proceeding for changes of a
substantial kind.
Considering that the OSG did not oppose the petition
and the motion to present its evidence ex parte when
RA 9048 now embodies that summary procedure
it had the opportunity to do so, it cannot now
while Rule 108 is that appropriate adversary
complain that the proceedings in the lower court were
proceeding.
procedurally defective.
Change of Name under Rule 108 Entry in Certificate of Marriage may be cancelled
under Rule 108
When all the procedural requirements under Rule 108
are those followed, the appropriate adversary Republic v. Olaybar
proceeding necessary to effect substantial corrections
to the entries of the civil register satisfy. FACTS: Respondent requested from the National
Statistics Office a Certificate of No Marriage
As held in Republic vs. Kho, in case the jurisdictional (CENOMAR) as one of the requirements for her
requirements of Rule 103 (which governs petitions for marriage with her boyfriend of five years. Upon
change of name) are not complied with, a person’s receipt, she discovered that she was already married
name may still be changed or corrected if the petition to a certain Ye Son Sune, a Korean National, on
complies with the provisions of Rule 108. June 24, 2002, at the Office of the Municipal Trial
Court in Cities (MTCC), Palace of Justice. She
The cancellation or correction of entries involving denied having contracted said marriage and claimed
changes of name falls under letter “o” of Sec. 2, Rule that she did not know the alleged husband; she did
108. not appear before the solemnizing officer; and, that
the signature appearing in the marriage certificate is
not hers. She filed a Petition for Cancellation of
Correction of Names under Rule 108 Entries in the Marriage Contract, especially the
entries in the wife portion thereof. Respondent
Republic v. Mercadera impleaded the Local Civil Registrar of Cebu City, as
well as her alleged husband, as parties to the case.
FACTS: The State through the Office of the Solicitor
General (OSG) argued that the conversion from After trial, the RTC granted the petition. But the
MARILYN to MERLYN is not a correction of an decision was appealed by the Republic of the
innocuous error but a material correction tantamount Philippines through the Office of the Solicitor
to change of name which entails a modification or General, to the Supreme Court, claiming that there
increase in substantive rights that require compliance are no errors in the entries sought to be canceled or
with the procedure under Rule 103, not Rule 108, of corrected, because the entries made in the certificate
the ROC. of marriage are the ones provided by the person who
appeared and represented herself as Merlinda L.
ISSUE: Whether the petition correctly fally under Olaybar and are, in fact, the latter's personal
Rule 108, ROC? circumstances. In directing the cancellation of the
entries in the wife portion of the certificate of
RULING: YES. The Court disagreed with the OSG. marriage, the RTC, in effect, declared the marriage
null and void ab initio. Thus, the petition instituted by
The petition simply sought the correction of a respondent is actually a petition for declaration of
misspelled given name. nullity of marriage in the guise of a Rule 108
proceeding.
From the allegations in the petition, Mercaedra
clearly prayed for the lower court to remove the faults ISSUE/S: Is the Republic's appeal meritorious?
or error from her registered given name MARILYN
and to make or set aright the same to conform to the RULING: NO. In filing the petition for correction of
one she grew up to, MERLYN. entry under Rule 108, respondent made the Local
Civil Registrar of Cebu City, as well as her alleged
Granting that Rule 103 applies to this case and Rule husband Ye Son Sune, as parties-respondents.
108 does not apply, it still cannot be denied that
Mercadera complied with the requirement for an It is likewise undisputed that the procedural
adversarial proceeding before the lower court. requirements set forth in Rule 108 were complied
with. The Office of the Solicitor General was likewise
The publication and posting of the notice of hearing in notified of the petition which in turn authorized the
a newspaper of general circulation and the notices Office of the City Prosecutor to participate in the
sent to the OSG and the Local Civil Registry are proceedings. More importantly, trial was conducted
sufficient indicia of an adverse proceeding. where the respondent herself, the stenographer of
the court where the alleged marriage was conducted,
as well as a document examiner, testified. Several Refers to the Pertains to the social
documents were also considered as evidence. With biological elaboration of biological
the testimonies and other evidence presented, the distinctions between sex
trial court found that the signature appearing in the males and females,
subject marriage certificate was different from and is based primarily
respondent's signature appearing in some of her on a person’s
government issued identification cards. capability to reproduce
The court thus made a categorical conclusion that Encompasses those Highlights the socially
that are biologically constructed differences
respondent's signature in the marriage certificate was
determined between men and women
not hers and, therefore, was forged. Clearly, it was
influenced by the different
established that, as she claimed in her petition, no norms and standards of
such marriage was celebrated. societies, varying from one
society to the other
Aside from the certificate of marriage, no such
evidence was presented to show the existence of FACTS: Miller Unabia filed before the RTC a Petition
marriage. Rather, respondent showed by for Correction of Entries on the Birth Certificate of
overwhelming evidence that no marriage was entered Mellie Umandam Unabia, claiming that his birth
into and that she was not even aware of such certificate contained errors in that the name neutered
existence. The testimonial and documentary therein was Mellie Umandam Unabia, when it should
evidence clearly established that the only "evidence" properly have been written as Miller Umandam
of marriage which is the marriage certificate was a Unabia, that the gender was erroneously entered as
forgery. While we maintain that Rule 108 cannot be female instead of male and that his father’s middle
availed of to determine the validity of marriage, we initial was erroneously indicated as U when it should
cannot nullify the proceedings before the trial court have been O. In support of the petition, he attached
where all the parties had been given the opportunity documentary evidence such as medical cert, police
to contest the allegations of respondent; the clearance, voters ID, baptismal cert, NBI clearance,
procedures were followed, and all the evidence of the TOR, mother’s birth cert and father’s birth cert.
parties had already been admitted and examined.
RTC: ruled that it has been clearly established by the
Respondent indeed sought, not the nullification petitioner that there are erroneous entries in his birth
of marriage as there was no marriage to speak of, cert. That since he was born, he was a male. He is
but the correction of the record of such marriage also known as Miller. His middle name spelled as an
to reflect the truth as set forth by the evidence. O and not a U. as shown from the birth certificate of
Otherwise stated, in allowing the correction of the the father indeed the middle name is an O. there is a
subject certificate of marriage by cancelling the need to correct the erroneous entries in the birth cert
wife portion thereof, the trial court did not, in any to avoid confusion to his person and to reveal his
way, declare the marriage void as there was no true identity as not to create doubt as to his person.
marriage to speak of.
Petitioner appealed before the CA, arguing that
respondent failed to state a valid ground for change
No jurisdiction to nullify marriages and rule on of name; that the petition failed to state the aliases by
legitimacy and filiation which respondent was known; that respondent failed
to exhaust administrative remedies; and that
respondent failed to present the physician who
Rule 108 vis-à-vis Article 412 of the Civil Code charts allegedly issued the medical certificate stating that
the procedure by which an entry in the civil registry may respondent was male.
be canceled or corrected.
CA: affirmed the RTC’s decision.
The proceeding contemplated may generally be used
only to correct clerical, spelling, typographical and other ISSUE: WON the CA erred on a question of law
innocuous errors in the civil registry. when it affirmed the decision of the RTC.
Substantial or contentious alterations may be allowed RULING: NO.
only in adversarial proceedings, where all interested
parties are impleaded and due process is properly When Special Proceeding No. 2009-018 was filed in
observed. 2009, the governing law then was the original,
unamended RA 9048. There was no provision then
Retroactive Effect of R.A. 10172; for the administrative correction or change of clerical
Sex v. Gender or typographical errors or mistakes in the civil registry
entries of the day and month in the date of birth or
Republic v. Unabia sex of individuals, but only clerical or typographical
errors and change of first names or nicknames.
DOCTRINE: Administrative corrections or changes relating to the
date of birth or sex of individuals was authorized only
Sex Gender with the passage in 2012 of RA 10172. Even then,
the amendments under RA 10172 should still apply,
Biological concept Social concept the law being remedial in nature. Moreover, under
Section 11 of RA 9048, retroactive application is
allowed "insofar as it does not prejudice or impair No law allowing the change of entries in birth
vested or acquired rights in accordance with the Civil certificate by reason of sex alteration
Code and other laws."
Silverio v. Republic
There was therefore no need to further identify and
authenticate Dr. Labis' Medical Certificate. "A public DOCTRINES: There is no legal basis for the
document, by virtue of its official or sovereign correction or change of the entries in Silverio’s birth
character, or because it has been acknowledged certificate on th eground of sex reassignment
before a notary public (except a notarial will) or a surgery. The entries under Article 412 of the Civil
competent public official with the formalities required Code and correctable under Rule 108, ROC are only
by law, or because it is a public record of a private those provided under Articles 407 and 408 of the
writing authorized by law, is self-authenticating and Civil Code.
requires no further authentication in order to be Article 407 includes acts, events and factual errors
presented as evidence in court." that occurred even after birth. However, no
reasonable interpretation of the provision can justify
Finally, suffice it to state that, as correctly declared the conclusion that it covers the correction on the
by the CA, respondent was actually using the name ground of sex reassignment.
Miller Omandam Unabia; that "Miller" and "Mellie"
and "Omandam" and "Umandam" were confusingly
similar; and that respondent's medical certificate To Correct To Change
shows that he is phenotypically male. The CA thus
properly held that respondent's birth certificate To make or set aright; to To replace something
contained clerical errors in its entries necessitating its remove the faults or with something else of
rectification. error from. the same kind or with
something that serves
SEPARATE OPINION OF J. LEONEN
as substitute.
There is no iota of doubt that respondent was
conceived and born male. However, to prevent
confusion, certain clarifications must be made. The Court declared that Silverio’s birth certificate
contained no error. All entries therein, including those
The terms “sex” and “gender” refer to two (2) different corresponding to his first name and sex were all
ideas having vast differences. These cannot be used correct. No correction was necessary.
interchangeably. while gender is a social concept.
CHANGE OF NAME
Determining a person's sex mainly depends on "a The state has an interest in the names borne by
combination of anatomical, endocrinal[,] and individuals and entities for the purpose of
chromosomal features." "Chromosomes are the identification. A change of name is a privilege, not a
structures that carry genes which in turn transmit right.
hereditary characteristics from parents to offspring."
RA 9048 now governs the change of first name. It
Conversely, gender is the result of the norms and vests the power and authority to entertain petitions
standards imposed by society. It is a changing for change of first name to the city or municipal
concept that differs in every society. While most registrar or consul general. The correction or change
individuals are biologically born as male or female, can now be made through administrative
the behavioral standard enforced in a given society proceedings and without need for a judicial order.
affects one's gender identity. Exactly how one is
taught how to interact with others of the same or The grounds for which change of first name be
opposite sex usually defines one's gender identity. allowed:
1. First name or nickname is ridiculous, tainted
AEL: Do not use gender when the proper term is with dishonor or extremely difficult to write or
sex. Do not use sex when the proper term is gender. pronounce;
2. The new first name or nickname has been
The sex of a person in a birth certificate is the habitually and continuously used by the
biological sex of the child. petitioner and he has been publicly known by
that first name or nickname in the
Sex - The sex organ that the child is born with. community; or
3. The change will avoid confusion.
Mistake made by SC in the case of Unabia as
pointed by J. Leonen: RA 9048 does not sanction a change of first name on
● When the SC explained that even if there is no the ground of sex reassignment. Before a person can
statement in the medical certificate that the legally change his name, he must present proper or
petitioner has not undergone sex reassignment reasonable cause or any compelling reason justifying
surgery, he is indeed male because of the such change. He must also show that he will be
prominent adam’s apple. prejudiced by the use of his true and official name.
AEL: Based on what the SC said, if you have an CHANGE OF SEX

adam’s apple, you’re a male. But, no. It does not Under RA 9048, a correction in the civil registry
necessarily follow. involving the chage of sex is not a mere clerical or
typographical error. It is a substantial change for
which the applicable procedure is Rule 108.
The basis here for the change of the name is that he

Under the Civil Register Law, a birth certificate is a had a sex reassignment surgery; that’s why he also
historical record of the facts as they existed at the prayed for a change of sex from male to female.
time of birth. Thus, the sex of a person is determined
at birth, visually done by the birth attendant by Q: Why did the SC junk the petition?
examining the genitals of the infant. A: Under Rule 108 as basis for the correction of the
entries in the Birth Certificate, the Court made a
FACTS: Rommel Jacinto Dante Silverio filed a distinction:
petition for the change of his first name and sex in his
birth certificate in the RTC, alleging: To “correct” means “to make or set aright; to
remove the faults or error from”
To “replace” means “to replace something with
1. That he is a male transsexual that is something else of the same kind or with something
anatomically male but feels, thinks, and acts that serves as a substitute.
as a female and that he had always identified
himself with girls since childhood; The SC also emphasized that sex reassignment or
2. He underwent sex reassignment in BKK, sex operation is not one of those grounds under the
Thailand and that this was attested to by a law for the correction under Rule 108.
PH doctor.
3. Since then, he lived as a female and was in Q: What are the grounds under the law?
fact engaged to be married. A: Upon good and valid grounds as provided for in
4. He sought to have his name in his birth Sec. 2 of Rule 108
certificate changed from “Rommel” to “Mely”
and his sex from “male” to “female” Q: What are good and valid grounds for either
correcting or canceling an entry? Would it be a
ISSUE: Whether Silverio’s petition should be granted valid ground to correct the sex because
precisely the person is no longer male because
RULING: No, Silverio’s petition should not be he doesn’t anymore have the male sex organ?
granted. No law allows the change of entries in A: The point of the Rule 108 petition is to correct
the birth certificate by reason of sex alteration. errors in the entries, and here, there was nothing to
correct because the entries in the birth certificate of
Art. 402, CC4 was amended by RA 9048 insofar as Silverio were already correct.
clerical and typographical errors are involved. The
correction of such matters can now be made thru TN: Under the Art. 376 of the Civil Code, no person
admin proceedings and without the need for a judicial can change his name without judicial authority.
order.
In terms of entries in the Birth certificate other than
Under Rule 108, the entries that may be corrected name, Article 412 on any other entry in the Civil
are those provided under Arts. 407 and 408 of the Register including entries in the Birth certificate may
NCC. To correct simply means “to make or set aright; be changed if there is an order or to “no entry in the
to remove the faults or error from” while to change civil register may be changed or corrected without a
means “to replace something with something else of judicial order” and precisely the objective of
the same kind or with something that serves as a petitioner in this case is to correct but it begins with
substitute. Sex reassignment is not among those acts the basic question:
or events mentioned in Art. 408 (eg. Legitimations,
naturalizations, etc). Neither is it recognized nor even Q: Was there an error to begin with?
mentioned by any law, expressly or impliedly. A: No. When the records were entered into his birth
certificate, they were correct and as assessed. The
Rule 108 now applies only to substantial changes sex of a person is determined at birth. Thus, it
and corrections in entries in the civil register. A was during that time Silverio’s born, by looking at the
correction in the civil registry involving the change of sexual organ of the baby, the physician identified the
sex is not a mere clerical or typographical error. It is sex to be male.
a substantial change for which Rule 108 will apply.
The sex of a person is determined at birth, visually

Change of entries in birth certificate due to a
done by the birth attendant (the physician or midwife)
congenital medical condition, allowed
by examining the genitals of the infant. Considering
that there is no law legally recognizing sex Republic v. Cagandahan
reassignment, the determination of a person’s sex
made at the time of his or her birth, if not attended by DOCTRINE: The determining factor: what the
error, is immutable. individual, having reached the age of majority, with
good reason thinks of his/her sex.
No reasonable interpretation of the provision can
justify the conclusion that it covers correction on the Where the person is biologically or naturally intersex
ground of sex reassignment. The birth certificate of the determining factor in his gender classification
petitioner contained no error. All entries therein, would be what the individual, like Jennifer
including those corresponding to his first name and Cagandahan, having reached the age of majority,
sex, were all correct. No correction is necessary. with good reason thinks of his/her sex.
Jennifer Cagandahan here thinks of himself as a her.

male and considering that his body produces high
levels of androgen there is preponderant ISSUE: Whether the Rules of Court allow the change
biological support for considering him as being of gender and of name on the ground of Jennifer
male. She here has simply let nature take its course Cagandahan’s medical condition
and has not taken unnatural steps to arrest or
interfere with what he was born with. He could have RULING: YES. The petition for the correction of
undergone treatment to force his body into the the entry in the birth certificate was granted for
categorical mold of a female, but he has not. the ff. reasons:
Court considered the medical condition of petitioner
The Court will not consider Jennifer Cagandahan as Cagandahan. They determined the basis for a
having erred in not choosing to undergo treatment in change of the entry of his birth certificate based on
order to become female. To him belongs the human medical testimony and scientific development
right to the pursuit of happiness and of health. Thus, showing that Cagandahan to be other than female.
to him should belong the primordial choice of
what courses of action to take along the path of SC is of the view that where the person is
his sexual development and maturation. biologically or naturally intersex the determining
factor in his gender classification would be what
In the absence of evidence that respondent is an the individual, like Jennifer Cagandahan, having
“incompetent” and in the absence of evidence to reached the age of majority, “with good reason”
show that classifying respondent as a male will thinks of his/her sex.
harm other members of society, the Court affirms
as valid and justified the respondent's position In so ruling, SC gave respect to (1) the diversity of
and his personal judgment of being a male. nature; and (2) how an individual deals with what
nature has handed out. In other words, we respect
Therefore, a change of name is a matter of respondent's congenital condition and his mature
judicial discretion. The Trial Court correctly decision to be a male. Life is already difficult for the
granted the change of name, considering that the ordinary person. SC cannot but respect how
change from feminine to masculine name merely respondent deals with his unordinary state and thus
recognizes his preferred gender. help make his life easier, considering the unique
circumstances in this case.
FACTS: Jennifer Cagandahan filed a Petition for
Correction of Entries in Birth Certificate before the As to respondent’s change of name under Rule
Siniloan, Laguna RTC to change her gender from 103: SC has held that a change of name is not a
female to male and her name to “Jeff.” The petition matter of right but of judicial discretion, to be
alleges: exercised in the light of the reasons adduced and
the consequences that will follow. The trial court's
1. Her Certificate of Live Birth indicates she is grant of respondent’s change of name from Jennifer
female, but while she was growing up she to Jeff implies a change of a feminine name to a
developed secondary male characteristics masculine name. Considering the consequence that
and was diagnosed with Congenital Adrenal respondent’s change of name merely recognizes his
Hyperplasia (CAH). preferred gender, we find merit in respondent's
2. As a child she was also diagnosed with clitoral change of name. Such a change will conform with
hypertrophy and was found to have small the change of the entry in his birth certificate
ovaries. Later, her ovarian structures were from female to male.
minimized, she stopped growing and had no
breast or menstrual development. Q: Why did the Court have a different disposition
3. For all intents and appearances as well as in in Republic vs. Cagandahan?
mind and emotion, she has become male. A: Because of the factual premises attended in this
case. In the Cagandahan case, Jennifer (to Jeff) had
Jennifer Cagandahan’s evidence: testimony of Dr. a certain rare condition, called Congenital Adrenal
Michael Siozon of the UP-PGH Department of Hyperplasia (CAH) wherein the person’s genetical
Psychiatry. makeup is not certain. What happen here is that
Jennifer was genetically female from the start but as
1. He issued a medical certificate diagnosing Jennifer became older, that person produced
Jennifer Cagandahan with CAH. hormones that would make him identify him as a
2. He explained that genetically respondent is male
female but because her body secretes male
hormones, her female organs did not develop AEL: Gradually, he developed this characteristics. In
normally and she has two sex organs female fact, when she’s already a teenager, she already
and male. became like a male person. Is this the condition
3. This condition is very rare, that Jennifer for Intersex individuals?
Cagandahan’s uterus is not fully developed
because of lack of female hormones, and that A: We could not classify them as the tem described
she has no monthly period. Jennifer in this case. We could not classify them as strictly
Cagandahan’s condition is permanent. male or female because they have underdeveloped
4. He recommended the change of gender organs.
because Jennifer Cagandahan has made up her
mind, adjusted to her chosen role as male, and AEL: But in this case, there were tests when she
the gender change would be advantageous to
was already a teenager and there was a filing that

her female characteristics like breasts, menstrual The Court did not grant the petition and ratiocinated
cycles disappeared and turned male-like. that Falcis did not have the legal standing to file the
petition (i.e., he had no partner to begin with). Thus,
Q: Where does the distinction lie between there was no actual case or controversy, which is
Silverio’s case and Cagandahan’s case? Is it on one of the requisites for judicial review.
the fact that in Silverio’s was man-made, thru
medical intervention, and then Cagandahan was It would be different if there comes a person with a
not? same-sex partner and applies for a marriage license
AEL: So basically, bottomline, we’re comparing before the Local Civil Registry (LCR). In that case,
Silverio & Cagandahan. In Silverio, there was an actual controversy may be triggered and a
medical intervention. It was not natural. Whereas in petition may then be filed. There would be no
Cagandahan, it was a natural development. It was problem with the requisites for judicial review.
natural in a sense that there was a medical condition
in Jeff’s case. AEL: To my mind, the Court was not yet ready. In
the U.S., they now allow same-sex marriage, but
Remember, Jeff is genetically female but the thing they waited until the controversy was already “ripe”.
is, she developed male characteristics, basically Jeff
is male and female if you think about it. She had It is worthy to note that the changes in our law can
female and male sex organs. She had uterus, no be: (a) via decisions of the Supreme Court; or (b)
monthly period, but she also has penis. Meaning through our elected representatives, considering that
she/he/they had the option to choose. Just like the we are a republican state. Every so often, we have
question that I posed to the other class: If our elections; we have members of Congress who are
jurisprudence is going to evolve as the years go by, the ones mandated under the Constitution to decide
as dynamic, ofc the composition of the SC would on legislative policies. Thus, if Congress decides to
matter as well, but sometime in the future, there may mend the law, they can always do that.
be a need to reexamine (inaudible) of the SC if they
find a way to reconcile the difference in their results There may of course be a Constitutional implication
in the Silverio and Cagandahan cases. there. For instance, the current definition of marriage
under the Family Code states that it is a “special
Q: If you were the counsel for Silverio or in a contract between a man and a woman”. If the
case most likely similar to Silverio, and your Congress amends the Family Code definition of
client has undergone sex reassignment surgery, marriage and defines it as a “special contract
how would you argue before the Supreme Court between two persons”, it might trigger an issue
to revisit its ruling in Silverio and to change its assailing the constitutionality of the amendment. It
mind to adopt already a different view such that may be argued that the amendment is
if the person undergoes a sex reassignment unconstitutional because it undermines the family as
surgery, a person may validly file petition for a basic social institution.
change of sex and/or change of name to be
consistent with the new sex persona transitioned AEL: Nonetheless, it appears that the point of the
into? Can you invoke equal protection? Supreme Court is that it would be better if we go with
Congress first. Let us make this issue “ripen” in the
crucible of public opinion and in our legislative bodies,
AEL: The framers during the deliberation considering that it may have its implications.
contemplated no third sex: lesbian, gay, bisexual,
asexual, pansexual, etc. Perhaps all of these things If we allow it now, there may be certain unforeseen
already existed before; it’s just that today, there’s consequences that have not been contemplated. It may
just a clear label. Assuming for the purpose of turn out to be a “pandora’s box” affecting several other
discussion, you are able to invoke a very strong things such as property relations, rights to adopt, etc. It
argument, perhaps as you can think of it, there’s no might, therefore, do more harm than good.
substantial distinctions between somebody with born
However, my take is that there might come a point in time
with medical condition that makes him intersex and
wherein, the Supreme Court’s pronouncements in Silverio
somebody who identifies himself as transgender, or in Falcis vs. Civil Registrar General might be
who has completed the transition and who has abandoned. If a case similar to Falcis is filed wherein the
undergone reassignment surgery. Assuming that requisites of judicial review are complied with, then at a
you succeed, of course there’s an implication, if you certain point, the Supreme Court might be more receptive.
allow a transperson who has completed a transition,
and now you have somebody who is female/born It can always be justified to allow the correction. If a
male but able to correct or change the sex a birth, person has transitioned through sex reassignment
and now she is female - that means, she can marry surgery, even if it is argued that it is “not natural”, such
argument is very arbitrary. For the conservative segment
a male person. It has a potential implication on same
of society, that may be unacceptable. However, our laws,
sex marriage. jurisprudence, and legal system should evolve with
the times. There are too many developments; our laws
In the case of Falcis III v. Civil Registrar-General, could not keep up, especially our jurisprudence. It
the Court did not say that marriage should be marches on slowly but surely, but sometimes it gets left
between a man and a woman. The Constitution does behind by our evolution as a society.
not define marriage. In fact, the Supreme Court
somehow gave a suggestion that it may in fact allow Q: Following the case of Cagandahan, is judicial
it (same-sex marriage) at a future time; but at this proceeding no longer needed to change an entry
point, the Court was not yet ready. in one’s birth certificate?
policy. They only interpret it. Of course, there may be

TN: The cases of Silverio and Cagandahan a challenge to that provision from the conservative
occurred at a time when the RA 9048 was not yet segment of our society, but I think that if the
amended. Based on our present law (RA 9048 as Congress a law, not necessarily SOGIE, but any law
amended by RA 10172), there is no longer need to that incorporates a provision allowing that kind of
go to court for correction of sex; one only has to go remedy of a person who transitioned and undergone
to the Local Civil Registry. However, the general sex reassignment surgery, I don’t think the Supreme
rule is still that, in order for there to be a change in Court would have the excuse to implement that law.
the entry, there has to be a judicial order.
A: Yes, judicial proceedings may be dispensed with It will overtake the pronouncement of the Supreme
if the case falls within the purview of RA 9048. The Court in the case of Silverio. In Silverio, the Supreme
law says that for change of entry on sex, one may go Court said that there is no legal basis in the petition.
to the LCR and apply for correction. The factual anchor is the change in sex via sex
reassignment surgery. There is nothing in the law
If the petition is denied by the Civil Registrar, you which gives this kind of remedy. If there is already a
may now bring the proper case in court. You may file law, the court has no other recourse but to allow the
a petition for mandamus to compel the LCR to petition.
effect the change.
The substantive aspect or the substantive rights
If we base it on the facts of Cagandahan case, cannot be diminished by the rule-making powers of
wherein the changes to his body were natural, the the Supreme Court. The court would have to allow it.
petition will be a petition for correction of sex
because of his CAH condition, what should be filed Justice Leonen, for the most part is progressive and
is an administrative correction. If the objective is well reasoned. Now, although he was the ponente in
only to change the entry on sex and/or the first Falcis III v. Civil Registrar-General, Falcis was
name, the remedy is to file an administrative badly behaving and then first impressions last -
correction. You file a petition with the LCR. The LCR where he attended oral arguments and did not follow
would just require you to submit a set of supporting the dress code.
documents.
Q: If you want to change your sex because
Example: If the factual circumstances are similar instead of showing Male it was female, so now it
to those in the case of Cagandahan, medical test is a clerical error and I want to show the court,
results and records may be submitted as can I incorporate it in my petition? (“Your Honor,
supporting documents for a petition for correction babae jd ko - ganahn ka mu tanaw? To prove that I
of sex. am a Female and not a male”)
A: Yes, you can. Theoretically speaking, you can go
Q: What will happen if its the same medical to the LCR for an administrative correction. You can
condition with the case of Cagandahan and she have a petition there for the correction of the error in
decided to undergo sex reassignment and her the sex portion and then you file a petiton for
petition was also approved, but later on realized correction in the RTC for other entries that need to
that he really wants to be a female? [Cagandahan be corrected via a judicial order. However, for judicial
x Silverio Case] economy, it is like splitting the cause of action.
Although technically it is not the cause of action.
AEL: It would depend on the court whether to Instead you can just incorporate the prayer for the
approve the action or not but you can use the case correction. Besides, it is the same birth certificate in
of Cagandahan or Silverio as a basis to justify or your petition.
support the action. What is crucial here is how the
applicant will justify the legal basis for this. Let’s try TN: It is not only the birth certificate that is found in
to enrich jurisprudence. In the US, for example, the the LCR, like the death certificate. So, it is possible
American Civil Liberties Union sometimes, if they that there will be a correction with the entries in the
want to change the law like the decision of the Death Certificate.
Supreme Court or they might have a definitive need
of something, they will trigger a controversy by This is uncommon that there will be a petition for
creating something. You can create controversy and Correction of the Death Certificate. However, it might
raise the issue again. be crucial, i.e. the date is wrong and somebody
predeceases the decedent (for succession
Q: If the SOGIE Bill will be passed, will it render purposes).
the Silverio doctrine obsolete?
All entries in the Civil Register could possibly have
AEL: Actually, it depends on the contents. I’m not errors, theoretically speaking there may be a valid
sure on the contents of the proposed SOGIE Bill. So petition for correction or petition for change. But the
if the Congress will provide that some of the most common document would be the Birth
provisions of the proposed SOGIE Bill is that if the Certificate.
transgender individual transitions and he undergoes
sex reassignment surgery, and for the purpose of AEL: Do not split the remedy. Otherwise, it
being consistent with his or her or their identity, they becomes akin to a splitting of cause of action in
will now cause the correction. And if the Congress ordinary civil actions.
decides that it is allowed, then our courts should
follow it. It’s because our courts do not decide on ➣ Illustration No. 1: In filing an administrative
controversial alterations including those on citizenship,

correction under RA 9048 where the entry on sex is legitimacy of paternity or filiation, or legitimacy of
to be changed, and you deem it best to also change marriage, a strict compliance with the requirements of
the name in order to fit the corrected sex, the prayer Rule 108 is mandated.":
for the change of sex and the prayer for the change
of name should go together in one petition. Correcting the entry on petitioner's birth certificate that
his parents were married on December 23, 1983 in
➣ Illustration No. 2: Pursuant to Rule 108, you will Bicol to “not married” is a substantial correction
file a petition for correction of entry in your birth requiring adversarial proceedings.
certificate to correct the marital status of your Said correction is substantial as it will affect his
parents and the place of their marriage. At the same legitimacy and convert him from a legitimate child to an
time, you are a transgender who has successfully illegitimate one.
undergone transition and sex reassignment. You
may incorporate in your petition under Rule 108 a TN: Corrections of entries in the civil register
prayer for change of sex and change of first name including those on citizenship, legitimacy of
instead of filing a separate. paternity or filiation, or legitimacy of marriage,
involve substantial alterations. Substantial errors in a
AEL: Although you can file a petition for correction civil registry may be corrected and the true facts
under Rule 108 before the Court and a separate established provided the parties aggrieved by the error
petition for correction administratively under RA avail themselves of the appropriate adversary
9048 with the LCR (theoretically, it can be done), proceedings.
that would be impractical as it would double the
expenses of your client. For one, remember that
Labayo-Rowe v. Republic
there is a requirement of publication. Thus, it would
be better to incorporate the prayers in one petition
DOCTRINE: Changes which may affect the civil
before the Court. Anyway, the general rule remains
status from legitimate to illegitimate, as well as
that you need a court order to cause the correction
sex, are substantial and controversial alterations
and cancellation.
which can only be allowed after appropriate
adversary proceedings depending upon the
nature of the issues involved.
Substantial Corrections:
Strict Compliance with Rule 108
FACTS: Petitioner Emperatriz Labayo-Rowe filed a
petition for the correction of entries in the civil registry
GR: When a petition for cancellation or correction of an with the then CFI of Pampanga. She asked the court
entry in the civil register involves substantial and to order the LCR to correct the entries in the birth
controversial alterations, including those on citizenship, certificates of her children especially with regard to
legitimacy of paternity or filiation, or legitimacy of petitioner's name which appears in both certificates
marriage, a strict compliance with the requirements as "Beatriz Labayo-Labayu and as regards her civil
of the Rules of Court is mandated. status and date of marriage which appears in the
birth certificate of Victoria Miclat as "married" with the
In Republic v. Coseteng-Magpayo, the respondent year appearing "1953 Bulan”.
filed a petition under Rule 103 to change his surname
to his mother's last name since his parents were not The judge granted the petition. At the hearing,
legally married. petitioner testified that her nickname is Beatriz and
Emperatriz J. Labayo is her real name; that the entry
The lower court granted the petition by: (a) deleting the in Victoria Miclat's birth certificate stating her civil
date and place of marriage stated in the birth certificate, status as "married" is not correct because she was
(b) "correcting" the last name and changing it to his never married to Vicente Miclat, the father of her
mother's last name, (c) deleting his middle name, and child; that the date and place of marriage appearing
(d) deleting his father's name. SC overturned the lower in the said birth certificate as 1953-Bulan is not true
court's decision. It held that the change being sought in as they were never married; that the questioned
respondent's petition goes so far as to affect his legal entries were reported by Vicente Miclat; and that she
status in relation to his parents. It seeks to change his is at present married to an American by the name
legitimacy to that of illegitimacy. Rule 103 would not of William Rowe.
suffice to grant respondent's
ISSUE: Whether or not the correction of entries in the
Reiterating Labayo-Rowe v. Republic, the SC instructs civil registry involving the civil status of the mother at
that changes which may affect the civil status from the time of the birth of her child may be made under
legitimate to illegitimate are substantial and a summary procedure.
controversial alterations which can only be allowed
after appropriate adversary proceedings. Since RULING: NO.
respondent's desired change affects his civil status
from legitimate to illegitimate, Rule 108 applies. In The petition for correction of entries in the civil
Coseteng. Magpayo, the petition was erroneously filed registry does not only involve the correction of
in Quezon City and not in Makati City where his birth petitioner Labayo's name and surname registered as
certificate was registered. The respondent's further "Beatriz Labayo/Beatriz Labayo in the birth
failure to implead the civil register of Makati City and his certificates of her children. The petition also seeks
parents rendered the petition fatally defective. Thus, the change of her status from "married" to "not
when a petition for cancellation or correction of an entry married" at the time of her daughter's birth, thereby
in the civil register involves substantial and changing the status of her child Victoria Miclat from
"legitimate" to "illegitimate." The change of 103 petition - that the procedural vehicle is not a
petitioner's name from Beatriz Labayo/Beatriz Rule 103 petition but it is a Rule 108 petition and the
Labayo to Emperatriz Labayo is a mere innocuous change there is a consequence.
alteration wherein a summary proceeding is
appropriate. It is like a domino effect, because of the change,
correction or the cancellation in the marriage
AEL: You have to take note of that because not all certificate of my parents.
of these things are true now.
Like for example, the typographical errors, we don’t So in this scenario, it is feasible for me to pray that
need to go to court for that. We just need my surname be changed from Luardo to Bojos, so
administrative correction. that henceforth, I will be known as Edgardo with no
middle name then Bojos as my family name. And
Petitioner Emperatriz Labayo-Rowe filed a petition that change in my surname is a consequence of me
for correction of entries in the Civil Registry, becoming an illegitimate child.
pertaining to entries in the birth certificate—not hers,
but those of her children—specifically her name, civil If you’re an illegitimate child, you have the option to
status, and date of marriage; because she said that use the surname of either your mother or your father.
in reality, she was not married to the father of her If there is a petition for correction, part of the prayer
children. for that petition is the change of the surname
because of the status of legitimacy, from marital
Q: Is there also a need to implead the children, child to non-marital child. There may be a valid
who are the owners of the birth certificates petition for correction in the RTC of Bogo. In fact,
sought to be corrected? theoretically speaking, I can even file that petition
A: According to the Supreme Court, yes. here in the RTC of Lapu-Lapu. If the LCR will
oppose by petition, it can invoke improper venue.
Thus, there was a defect in the petition because it
was not made adversarial, for failure to comply with But remember, the RTC has jurisdiction. Even if I file
Rule 108, Sec. 3. it in Bogo or Lapu-Lapu, as long as I file it in the
RTC, the RTC has jurisdiction. However, the venue
GR: All persons who have an interest should be is improperly laid.
impleaded.
XPN: Interested persons who are unknown to the TN: If there’s a prayer for change of name, which
petitioner is a consequence of the correction, then the
proper venue would have to be the RTC in the
place where the LCR concerned is found. In this
case, in Bogo.
Petition under Rule 103 CANNOT be Interchanged
with Petition under Rule 108 Republic v. Coseteng-Magpayo
You cannot file a petition for a change of name DOCTRINE: When a petition for cancellation or
under Rule 103 if the correct remedy is a petition for correction of an entry in the civil register involves
correction under Rule 108. Incidentally, it is possible substantial and controversial alterations
that you will incorporate a change in name and a including those on citizenship, legitimacy of
petition for correction. paternity or filiation, or legitimacy of marriage, a
strict compliance with the requirements of Rule
Where do you file the petition in terms of the 108 of the Rules of Court is mandated.
venue? A Rule 103 petition is supposed to be filed
in the RTC of the place of residence of the petitioner. FACTS: Julian Edward Emerson Coseteng Magpayo
A Rule 108 petition on the other hand shall be filed in (respondent) is the son of Fulvio M. Magpayo Jr. and
the place where the LCR concerned is located. Anna Dominique Marquez-Lim Coseteng who, as
respondent’s certificate of live birth shows,
Illustration: I was born in Bogo and I am now a contracted marriage on March 26, 1972. Claiming,
resident of Lapu-Lapu. If I will file a petition for however, that his parents were never legally married,
change of name under Rule 103, because I want to respondent filed a Petition to change his name to
change my surname, I will file it at my place of Julian Edward Emerson Marquez Lim Coseteng.
residence (RTC of Lapu-Lapu). But if I will file a
petition under Rule 108 in the same certificate, I will The Republic contends that the deletion of the entry
have to file it in the RTC of Bogo. on the date and place of marriage of the
respondent’s parents from his birth certificate has the
Thus, if I can establish that the surname of my father effect of changing his civil status from legitimate to
is difficult to pronounce or I have been known illegitimate, hence, any change in civil status of a
growing up as Edgardo Bojos or any factual person must be effected through an appropriate
justification to change the surname, and there is also adversary proceeding.
the main reason that because I am now an
illegitimate child, I have the option either to use the ISSUE: Whether or not the petition for change of
surname of my father or the surname of my mother. name involves the change of respondent’s civil status
And my choice is to use the surname of my mother from legitimate to illegitimate and, therefore should
then the change in my surname is not really a rule be made through the appropriate adversarial
proceeding.
Section 3. Parties. — When cancellation or

RULING: YES. The change being sought in correction of an entry in the civil register is sought,
respondent’s petition goes so far as to affect his legal the civil registrar and all persons who have or claim
status in relation to his parents. It seeks to change any interest which would be affected thereby shall
his legitimacy to that of illegitimacy. Rule 103 then be made parties to the proceeding.
would not suffice to grant respondent’s supplication.
The ff. must be impleaded as parties in the
Since respondent’s desired change affects his civil proceeding:
status from legitimate to illegitimate, Rule 108
applies. 1. Civil registrar; and
2. All persons who have claim or any interest which
The procedure recited in Rule 103 regarding change would be affected by a proceeding concerning the
of name and in Rule 108 concerning the cancellation cancellation of an entry in the civil register
or correction of entries in the civil registry are
separate and distinct. They may not be substituted TN: While the proceedings under Rule 108 is one in
one for the other for the sole purpose of expediency. rem, publication cannot cure the lack of summons
on a person whose birth certificate is sought to be
Q: What if the petitioner will implead the LCR, his cancelled.
father, and every interested persons but he will
captioned his petition as “A Petition for Change ● In Ceruila v. Delantar, it was held that no party
of Name”? could be more interested in the cancellation of
A: The trial court may treat the petition although Rosilyn’s birth certificate than Rosilyn herself. Her
erroneously captioned as “A Petition for Change of filiation, legitimacy, and date of birth are at stake.
Name” under Rule 103. That even that the Thus, summons must still be served, not for the
requirement of making it an adversarial proceeding purpose of vesting the courts with jurisdiction, but
has been complied with, the trial court may in fact to comply with the requirements of fair play and
treat it as a Rule 108 petition. due process. This is but proper to afford the
person concerned the opportunity to protect her
Q: What if the venue is improperly laid? interest if she so chooses.
A: It is dismissible.
Notice and Publication; Opposition
Q: Aside from the venue, what are the
differences in the procedure between Rule 103
and 108? Section 4. Notice and publication. — Upon the
A: Actually, there is not much difference in terms of filing of the petition, the court shall, by an order, fix
the steps. It is only the requirement that Rule 108 the time and place for the hearing of the same, and
petition should be adversarial in character. So as cause reasonable notice thereof to be given to the
long sa the petition is filed in the proper venue, even persons named in the petition. The court shall also
if it is erroneously captioned as a Rule 103 petition, it cause the order to be published once a week for
may be treated as a Rule 108 petition. three (3) consecutive weeks in a newspaper of
general circulation in the province.
Section 5. Opposition. — The civil registrar and

Correction of Entry under Rule 108
any person having or claiming any interest under the
is a proceeding in rem
entry whose cancellation or correction is sought
may, within fifteen (15) days from notice of the
Substantial corrections or cancellations of entries in civil petition, or from the last date of publication of such
registry records affecting the status or legitimacy of a notice, file his opposition thereto.
person may be effected through the institution of a
petition under Rule 108 of the Revised Rules of Court,
with the proper Regional Trial Court. Rule 108 mandates two sets of notices to different
“potential oppositors”:
Being a proceeding in rem, acquisition of jurisdiction
over the person of petitioner is therefore not required. It 1. First Notice - Given to to persons named in the
is enough that the trial court is vested with jurisdiction petition
over the subject matter.
2. Second Notice (through publication) - given to
In Alba vs. Court of Appeals, the Court held that the other persons who are not named in the petition,
service of the order at No. 418 Arquiza St., Ermita, but may be considered interested or affected
Manila and the publication thereof in a newspaper of parties; e.g. creditors
general circulation in Manila, sufficiently complied with
the requirement of due process, the essence of which is TN: While there may be cases wherein it was held that
an opportunity to be heard. The publication of the the failure to implead and notify affected or
order is a notice to all indispensable parties, which interested parties may be cured by the publication of
binds the whole world to the judgment that may be the notice of hearing, earnest efforts were made by
rendered in the petition, including Armi and petitioner petitioners in bringing to court all possible interested
minor. parties.
Such failure was likewise excused and may be

Indispensable parties must be impleaded cured through publication of the notice where:
1. The interested parties themselves initiated the the name of the father written on the birth
correction proceedings; certificate of June.
2. There is no actual or presumptive awareness of the
existence of the interested parties; or Here, there was a petition for correction of entries in
the certificate of birth filed by Nadina. In the
3. When a party is inadvertently left out. amended petition for correction, Nadina impleaded
as respondents her ex-husband Francisco and also
Barco v. CA Congressman Gustilo.
DOCTRINE: A petition for correction is an action in Q: Why do you think there’s a need to implead
rem, an action against a thing and not against a these individuals?
person. The decision on the petition binds not only A: All persons who have or who claim interest in the
the parties thereto but the whole world. An in rem case which may be affected by the cancellation or
proceeding is validated essentially through correction shall be impleaded under Sec 3, Rule
publication. Publication is notice to the whole 108. They have to be named as respondents.
world that the proceeding has for its object to bar
indefinitely all who might be minded to make an This brings us now to the issue involving Milagros
objection of any sort against the right sought to Barco representing that illegitimate daughter of
be established. Congressman Gustilo, Mary Joy.
FACTS: Nadina was first married to Francisco. They Mary Joy was not impleaded in the original petition
separated in fact and obtained a divorce decree by or in the amended petition. Milagros Barco sought to
the Catholic Diocese of Bacolod City. Despite the intervene in the proceedings in the CA because
notation in June's birth certificate, Nadina there was a petition to annul the RTC order granting
subsequently claimed that all along, the real father of the changes in the civil status of June Salvacion. It
her child was Armando Gustilo, a former was filed by Jose Vicente Gustilo and Milagros
Congressman with whom she maintained Barco intervened, alleging that her daughter is also
relationship. It was on 1983 that Nadina filed in her the daughter of Congressman Gustilo. She said that
own name a petition for Correction of Entries in the her daughter has a legal interest in the annulment of
Certificate of Birth of her daughter June with the RTC the RTC order because Gustilo was her father.
of Makati. The following changes were requested: (1)
June’s full name should be June Salvacion Gustilo Q: Supposedly, if Mary Joy was an illegitimate
and that (2) Gustilo be named as father rather than child of Gustilo, shouldn’t she be impleaded as a
Francisco. Gustilo filed a Constancia acknowledging respondent as well? Is there a need to implead?
June as his child. A: Yes. There’s a need to implead pursuant to Sec
3, Rule 108, all who are interested.
RTC granted the petition. Barco only contested the
decision of the RTC after the estate proceedings of GR: The general rule is ALL interested parties have
Gustilo was instituted. Barco claimed that she had a to be impleaded.
legal interest because she had a child with Gustilo.
XPN: Just like in this case, when failure to implead
ISSUE/S: may be cured:
1. Whether or not the RTC acquired jurisdiction 1. when there is a publication; and
over Barco. 2. when the petitioner does not know in good
2. Whether or not the RTC had jurisdiction over faith of the existence of that interested party.
Nadina’s petition.
AEL: The crucial question is: “Petitioner, do you
RULING: know all of these interested parties?” Remember
1. Yes, RTC acquired jurisdiction over Barco. A that you cannot expect petitioner to know all the
petition for correction is an action in rem, an action interested parties, especially those illegitimate
against a thing and not against a person. Barco is children. Here, the mother of the illegitimate child,
among the parties referred to in Section 3 of Rule the private respondent, would not know if
108. Her interest was affected by the petition for Congressman Gustilo also had relationship with
correction, as any judicial determination that June other women and may have other illegitimate
was the daughter of Armando would affect her ward's children.
share in the estate of her father. However, even
though Barco was not impleaded in the petition, the The rule is: If an interested party is known to the
Court of Appeals correctly pointed out that the defect petitioner, the petitioner is obliged to implead. They
was cured by compliance with Section 4, Rule must be named as respondents, so that they will
108, which requires notice by publication. receive notices from the court.
2. Yes, the RTC acquired jurisdiction over Nadina’s But if other interested persons who are unknown to
petition. It has been established that substantial the petitioner may complain later that they haven’t
corrections to the civil status of persons recorded in impleaded, contrary to the Rule 108, the answer is
the civil registry may be effected through the filing of the petitioner can validly not implead those
a petition under Rule. Any further attempt to limit the unknown parties, as long as there is publication
scope of application of Rule 108 runs against the wall and petitioner is able to prove that she did not
of judicial precedent cemented by legislative know about their existence.
affirmation. Here, Nadina filed a petition before the
RTC to change the name of her child as well as
effect changes in their respective birth certificates.

Q: There’s no notice because they were not
impleaded, does it automatically violate the
Carlito also asked the court in behalf of his minor
jurisdictional requirement that all interested
children to order the correction of some entries in
person should be at least notified?
their birth certificates. During the hearing, an
A: NO. As long as you have the publication,
additional correction in the birth certificates of
publication is constructive notice.
Carlito’s children was requested to the effect that
the first name of their mother be rectified from
Q: If publication is public notice, what’s the point
“Maribel” to "Marivel".
of impleading them when in fact they may be
constructively notified?
ISSUE: Whether the failure to implead Marivel and
A: The rule remains that they have to be impleaded
Carlito’s parents rendered the trial short of the
if they are known, so that they will really know about
required adversary proceeding and the trial courts
the existence of the proceedings.
judgment void.
The only time that the exception comes in is if it can
RULING: No. OSG did not raise any objection to the
be proven that their identity or existence is not
non-inclusion of Marivel and Carlito’s parents as
known.
parties to the proceeding.
Otherwise, if the party is known yet not 1. Marivel - It seems highly improbable that Marivel
impleaded, that is a JURISDICTIONAL DEFECT was unaware of the proceedings to correct the
that will render the proceeding invalid and that entries in her children’s birth certificates,
may be dismissible. especially since the notices, orders and decision
of the trial court were all sent to the residence
However, the dismissal will be without prejudice she shared with Carlito and the children.
to refiling. Thus, the petition can be refiled and 2. Carlito’s mother - She was declared at the
there, ALL known parties must already be witness stand that she was not married to Juan
impleaded. Kho who died in 1959.
AEL: But as we said, it’s going to be a waste of time A similar issue was earlier raised in Barco v. Court
and a waste of money. Although ultimately, this will of Appeals, where the Court ruled that the
succeed, but the petitioner will be back to square publication of the order of hearing under Section 4 of
one, because they have to refile and spend for the Rule 108 cured the failure to implead an
publication again. indispensable party.
Republic v. Kho
Expediting Proceedings and Order
DOCTRINE: The publication of the order of
hearing under Section 4 of Rule 108 cures the Section 6. Expediting proceedings. — The court
failure to implead an indispensable party. in which the proceeding is brought may make orders
expediting the proceedings, and may also grant
The essential requisite for allowing substantial preliminary injunction for the preservation of the
corrections of entries in the civil registry is that the rights of the parties pending such proceedings.
true facts be established in an appropriate
adversarial proceeding. This is embodied in Section Section 7. Order. — After hearing, the court may
3, Rule 108 of the Rules of Court . either dismiss the petition or issue an order granting
the cancellation or correction prayed for. In either
Undoubtedly, Barco is among the parties referred to case, a certified copy of the judgment shall be
in Section 3 of Rule 108. Her interest was affected by served upon the civil registrar concerned who shall
the petition for correction, as any judicial annotated the same in his record.
determination that June was the daughter of
Armando would affect her ward’s share in the estate
of her father. OUTLINE OF THE PROCEDURE under RULE 108
Yet, even though Barco was not impleaded in the

This is not only about birth records. There are other
petition, the Court of Appeals correctly pointed out
records in Civil Register like death of person, etc.
that the defect was cured by compliance with Section
4, Rule 108, which requires notice by publication.
RULE 103 RULE 108
The purpose precisely of Section 4, Rule 108 is to
bind the whole world to the subsequent judgment on A written opposition is
the petition. The sweep of the decision would cover No need for a written required within a
even parties who should have been impleaded under opposition but there specific reglementary
Section 3, Rule 108, but were inadvertently left out. may still be an period. But the person
opposition. who intends to oppose
FACTS: Carlito and his siblings filed a verified may nevertheless
petition for correction of entries in the civil registry to Opposition may be filed appear on the initial
4) Judgments of legal separation, annulment of

hearing even without
marriage, nullity of void marriage
at any time even up to having filed a written
5) Legitimation (date of parents’ marriage, date of
initial hearing. opposition.
birth of child)
6) Adoption (whether judicial or administrative)
During the initial
7) Acknowledgments of natural children
hearing, manifest the
8) Naturalization, election, loss or recovery of
verbal opposition to the
citizenship
proceeding.
9) Civil interdiction
1. Filing of petition 10) Judicial determination of filiation
STEPS: 2. Issuance of order 11) Voluntary emancipation of a minor
3. Service of notice 12) Changes of name (consequence of correction
1. Issuance of order 4. Publication or cancellation of entry)
2. Notice of hearing 5. Filing of ● e.g.: (a) parents were not actually married,
3. Publication opposition or (b) parents are actually married; but the
4. Initial hearing 6. Initial hearing birth certificate says otherwise; so there
5.Hearing on the merits 7. Hearing on the might be a consequent change in the name
6.Decision merits of the child.
7.Appeal 8. Decision
8.Finality 9. Appeal XPN: RA 9048, as amended by RA 10172, and its
9. Execution 10. Finality IRR
11. Execution 1. Clerical or typographical errors
2. Change of first name or nickname
AEL: Identical steps, 3. Day and month in the date of birth
except for the filing of 4. Sex of a person
the opposition vis-a-vis where it was patently clear that there was a
the Rule 103 petition. clerical or typographical error or mistake in the
entry, which can be corrected or changed by the
concerned city or municipal civil registrar or
The Local Civil consul general
Registrar may now
order the correction or Parties
Correction or change change in the day or
in the day or month of month of the date of Who may file
the date of birth of the birth of the person. It ➣ Any interested person
person used to be that of ● This refers not only to the owner of the
substantial changes records sought to be corrected.
that need a court order. - e.g.: death certificate, where the owner
Now, you can go to of the record could no longer file for its
Local Civil Registrar. correction (hehe :p)
● “Interested person” may also include
The jurisdiction is with someone who would want to cancel an entry
the RTC. The judge will in the birth certificate of another person.
issue the judicial order - e.g.: birth certificate indicating the name
but for the exception to of Mr. Y as the father, when in fact he is
Sex of a person the rule, the Civil not. Mr. Y would then have the
Registrar or the Consul personality to file a petition for the
General who has cancellation or correction of entry under
authority to issue the Rule 108.
order either for the
change or correction or Who to implead as respondent
cancellation. ➣ Civil registrar
➣ All interested persons
- Rationale: to make the proceedings adversarial
1. Filing of the Petition
Ordinary Proceedings Special Proceedings
Scope
Elements of a cause of GR: The person
GR: No entry in a civil register shall be changed or action: initiating the complaint
corrected, without a judicial order (Art. 412, Civil is not filing a suit
1. Right in favor of the
Code) against anybody. Thus,
plaintiff
there is no adverse
What are the entries that may be corrected or 2. Obligation on the party.
canceled? part of the
defendant XPN: Petition for
1) Births (xpn: sex; day and month of birth) correction or
3. Violation of the
2) Marriage (date, place, officiating officer) cancellation of entry
plaintiff's right by the
3) Death (date, place) under Rule 108, the
To emphasize: All persons who have interest in

defendant rules require that the
the petition, whose rights may be prejudiced
petitioner implead:
under the circumstances, have to be impleaded
(1) the civil registrar,
to make the proceedings adversarial.
and (2) all interested
persons.
Venue (Where to file the action)
➣ Rule 108 – RTC of the place where the subject
TN: You must name ALL interested persons as civil registry is located.
respondents. ➣ Rule 103 – RTC of the place of residence.
Illustration: Ms. Z was originally married to Mr. X Form of the Petition
(ex-husband). They had three children. However,
Ms. Z and Mr. X eventually separated. ➣ Caption/Title
- If there is a prayer for a change of name –
Thereafter, Ms. Z entered into a relationship with Must incorporate all the known names of the
another man, who was not her husband—Mr. B petitioner and the name that the petitioner
(boyfriend). Ms. Z then gave birth to a new baby. wants to use after the petition.
This is like an incident to the prayer for a
Scenario # 1: The child’s biological father is Mr. B. change of correction of entries.
However, scared that the birth certificate of the
newborn child may be used against her in ➣ Contents of Petition:
prosecution for adultery, she named Mr. X as the 1. Personal circumstances of parties
father of her child. - State that the petitioner is of legal age,
Filipino citizen, and a resident of ______.
After Ms. Z obtained a judgment nullifying her Also describe that the respondent Local Civil
marriage with Mr. X, she then wanted to correct the Registrar is a nominal party, of legal age,
birth certificate of the child and change the name of and provide the address of the civil registrar.
the father from Mr. X into Mr. B. Incidentally, Ms. Z Other respondents impleaded: of legal age,
and Mr. B ended up separating as well. Filipino citizens, and their residences.
Q: Who should be impleaded in the petition for 2. Allegations in support of the petition
correction in the petition of entries in the birth
record of the new child? ➣ Verification + Certification of Non-forum Shopping
These are requirements under the Rules on Civil
A: (1) Mr. X, as the father on record. He is an Procedure but these are also applicable, as far as
interested party because changing the entry would practicable, in Special Proceedings.
mean that he would be losing his rights as a father
to the child. 2. Issuance of Order Setting the Case
(2) Mr. B, as the biological father. He is also an for Initial Hearing
interested person because changing the entry
would mean that he would be named as the father
of the child, and there is a possibility that he might Just like Rule 103, the very first act of the court
not be the father. before it issues the order is to examine the petition:
Is it sufficient in form and substance?
Scenario # 2: Mr. X is the biological father of the
child. However, out of spite against her husband, When we talk about the form, this means that
Ms. Z named her new partner, Mr. B, as the father of petition is verified. There is Certification of Non-
her newborn child in the latter’s birth certificate. forum Shopping. With respect to the substance, you
However, she and Mr. B later separated; and she got have to allege the sufficient basis for the correction.
back together with her legal spouse, Mr. X. She now
wants to change the name of the child’s father from RTC is the proper venue because this is where the
Mr. B into Mr. X. LCR concerned is located.
Q: Who should be impleaded in the petition for Contents of Order

correction in the petition of entries in the birth 1) Time, date, and place for initial hearing
record of the new child? 2) Direct the publication of the order at petitioner’s
expense, once a week for 3 consecutive
A: (1) Mr. B, as the current father on record; weeks in a newspaper of general circulation in
(2) Mr. X, as the would-be father on record; and the province or city
(3) The three older children of Ms. Z and Mr. X,
as heirs of Mr. X. They are interested persons There will be raffling of cases in the court.
because adding another child under the name of
their father would mean that there would be a 3. Service of Notice of Order
fourth potential heir of their father, which would
prejudice their legitimes later. Note: If they are still
minors, they have to be named there as nominal To whom notice is served
parties for purposes of complying with the rules; ➣ Petitioner through counsel, or both petitioner and
but the notices would be sent to their mother, who counsel
is the petitioner as well. ➣ LCR
➣ OSG
➣ Other party respondents affidavit of publication will be Exhibit E-4.
TN: The assigning of letters for the marking of

4. Publication of Order
exhibits is a matter of personal taste of the lawyer.
Rationale of Publication After the marking, the lawyer will say “Your Honor,
➣ Proceedings are in rem, to bind the whole world. with the marking of the exhibits, we now formally
offer them to prove that the petitioner has complied
Secure copy of the newspaper clippings and with the jurisdictional requirements”.
affidavit from the managing editor.
2) Court interpreter reads title of the petition and
5. Filing of Opposition asks if there are oppositors
After offering these exhibits, the court will then ask

Basis the court interpreter to read the title of the petition 3
➣ Unlike Rule 103, Rule 108 expressly requires the filing times and announce or ask if there is any oppositor.
of a formal, written opposition The interpreter will then say that there are no
oppositors if no one has opposed.
In Rule 108, there is an intermediate step, that is the
filing of the opposition before the initial hearing. In the matter of the petition for correction of the Birth
Certificate of Talpolano. Talpolano v. Local Civil
Although there is no express provision in Rule 103 Registrar of the City of Lapu - Lapu, etc. Are there
requiring a formal written opposition, an interested any oppositors?
party may still file an opposition. But for Rule 108,
there is really a formal requirement. This will be asked three times.
Q: Who can file an opposition? 3) If no oppositors, petitioner prays for order of

A: LCR, or any person with interest in the entry general default, except as against the state
whose cancellation or correction is made for.
Q: What is the implication of this?
Q: If there is no written opposition, may the LCR, A: The publication makes the proceeding in rem. It is
or any interested party for that matter, file or constructive notice to the whole world. Despite the
enter a verbal opposition during the initial notice, nobody appeared to oppose. They will be
hearing? declared in default. But the state cannot be declared
A: Yes. In the interest of justice, if they can justify in default even if the Office of the SolGen has not yet
the failure to file a formal written opposition, the court entered its appearance.
may still entertain the verbal opposition. Perhaps the
court may give them 3-5 days from the initial hearing If there is no oppositor, what the court does usually
to file a written opposition. But the interested party is upon the prayer of the petitioner’s counsel, the
must appear during the initial hearing, otherwise this counsel will say “Your honor we pray for an order of
will be deemed waived. general default, except as against the state for the
first prayer and your honor we would also like to
When to file opposition pray to present our evidence ex parte. And we would
➣ Within 15 days from notice of the petition or from like to pray that the court designate the branch clerk
the last date of publication of court as the commissioner to receive our
➣ This is the reglementary period. evidence”.
6. Initial Hearing If there is an oppositor, what the court does usually

is upon the prayer of the petitioner’s counsel, the
counsel will say “Your honor we pray for an order of
Proceedings during Initial Hearing general default, except as against the state and
against this particular oppositor. The rest, those who
1) Petitioner marks and offers (initial) exhibits to have not appeared today should be declared in
prove compliance with jurisdictional facts default.”
➢ Petition
➢ Order The purpose of the last part is so that those who are
➢ Notice of Order not there won't be able to disturb the proceedings
➢ Entry of Appearance of OSG with later on.
deputation of the prosecutor’s office
➢ Newspaper clippings 4) Court schedules presentation of evidence on
➢ Affidavit of Publication the merits or, upon petitioner’s prayer, directs
petitioner to present evidence ex parte before
These documents are supposed to be marked and branch COC acting as commissioner
offered in evidence to prove compliance with the
jurisdictional requirements. What happens is the petitioner through the counsel
will coordinate with the branch clerk of court for the
Exhibit E-1 or E-2 will be the newspaper clippings purpose of the presentation of evidence.
Then Exhibit F will be the affidavit of publication and
you can also have them together wherein the If there is no opposition, it will be presentation of
evidence ex parte. But if there is an opposition there

will be a need to schedule the presentation of Mode of Appeal
evidence by the parties on the merits in open court.
GR: Ordinary appeal to CA
The court will usually ask the counsel of the
petitioner the number of witnesses. Usually, the LCR ➢ File with same court (RTC/trial court) a notice
will not present any witnesses but will rely on the of appeal (no need for record on appeal)
legal arguments. ➢ File within 15 days from receipt of decision
(or the resolution denying the MR)
➢ Mixed questions of fact and law
TN: You don’t go the CA to file a notice of appeal.
7. Presentation of Evidence
You file it in the RTC. File the notice of appeal with
the same court (RTC). The same court here is the
Sequence RTC. RTC will forward the case files. No need for
a record on appeal because this is only one
1) Petitioner’s evidence incident.
➣ Testimonial
➣ Documentary XPN: Petition for review on certiorari under Rule 45
to the Supreme Court
Usually, it is the petitioner who will present the
evidence of his documentary exhibits. ➢ File with SC directly
➢ File within 15 days from receipt of decision (or
Then after the petitioner completes the presentation the resolution denying the MR)
of evidence presents their evidence. The petitioner ➢ Pure questions of law
will then formally offer the exhibit of documents, then
the petitionier will rest his or her case. Q: What are the methods by which a party may
file an appeal?
2) Oppositor’s (if any) evidence A: Generally, an ordinary appeal to the CA. It has to
be mixed questions of fact and law.
If there is any oppositor, the evidence will be
testimonial and documentary as well. Q: What to file?
A: The appellant has to file a notice of appeal.
After this, the court will decide the case.
TN: There is no need for a record on appeal.
8. Decision
Q: Why?
A: The requirement for a record on appeal is for the
Under the constitution, the court has 90 days to purpose of those proceedings that have multiple
decide. After the case has been submitted for incidents that are appealable, like petition for
decisions, there are possible dispositions. administration, or probate of will. But, for a change of
name, there is no nothing left in the proceeding. The
Q: What are the probable dispositions? decision takes care of everything. Hence, notice of
A: The court may grant or disprove the allegations. appeal is sufficient; and the reglementary period is
only 15 days from receipt of the decision.
Dispositions
a) If evidence proves allegations If you are the lawyer, after you received the decision,
➢ Grant the petition it would make sense for you to not appeal
➢ Direct LCR to effect the cancellation or immediately. Instead, you can file a motion for
correction reconsideration. Make the trial court see the
b) If evidence does not prove allegation arguments that you have because it's possible for
➣ Deny/Dismiss the petition the trial court to change its mind after receiving your
motion for reconsideration. But, if the court denies
Service of Decision the MR, the 15-day reglementary period will have to
The decision will be served upon all interested be reckoned from the date when the party receives
persons. the resolution denying the MR.
➣ Petitioner through counsel, or both petitioner and In certain exceptional cases, if the only issue is
counsel purely a question of law, then, it can bypass the
➣ Oppositors, if any Court of Appeals and proceed directly to the
➣ OSG Supreme Court by filing a petition for certiorari under
➣ Prosecutor’s Office Rule 45. The reglementary period is 15 days and if
➣ LCR there is a need for the petitioner more time to
prepare the petition, then there is a need for him to
Q: What happens if somebody is dissatisfied pray for an extension of time. So, what the
with the decision? petitioner’s counsel can do is to ask the court for an
A: Somebody may file an appeal. additional period of time to prepare the petition.
Probably, file the appellant docket fees and instead
9. Appeal of filing the petition for review itself, the counsel can
file a motion for extension of time to file a petition for
merely clerical
● Adversary (in nature) – if rectification affects the
review
civil status, citizenship or nationality of a party
(these are deemed substantial)
10. Finality
While judicial authority is required for a change
When does the decision become final? of name or surname, there is no such
a) If there is no appeal; or requirement for the continued use of a surname
b) If appeal has been decided with finality by the which a person has already been using since
appellate court childhood.
If there is nobody who appeals from the decision, or The doctrine that disallows such change of name as
the appeal has become final after the appellate court would give the false impression of family relationship
has decided it, there will now be an opportunity for remains valid, but only to the extent that the
the court to issue a certificate of finality. So, if the proposed change of name would in great
decision is already final and executory, it will have to probability cause prejudice or future mischief to
be implemented. the family whose surname it is that is involved or
to the community in general.
11. Execution FACTS: Chule Y. Lim claimed that she was born on
October 29, 1954 in Buru-an, Iligan City. Her birth
Procedure was registered in Kauswagan, Lanao del Norte but
the Municipal Civil Registrar of Kauswagan
1) Petitioner files with LCR of his residence the transferred her record of birth to Iligan City.
ff:
➢ Letter-request She alleged that both her Kauswagan and Iligan City
➢ Certified copy of petition, decision, and records of birth have four erroneous entries, and
certificate of finality prays that they be corrected.
Q: What is the difference between the Registrar, During the hearing, Lim claims the following:
Register and Registry? 1. That her surname “Yu” was misspelled as “Yo”.
A: The registrar is obviously the person – the head She has been using “Yu” in all her school records
of office. On the other hand, the register is the and in her marriage certificate.
record; this is somewhat like a very big book. Lastly, 2. That her father’s name in her birth record was
the registry is the office. So, when you go to the written as “Yo Diu To (Co Tian)” when it should
Local Civil Registry, address your request to the have been “Yu Dio To (Co Tian)”.
registrar for the purpose of entering the decision in
the register. 3. Her nationality was entered as Chinese when it
should have been Filipino considering that her
2) LCR’s actions (ministerial): father and mother never got married. (Deceased
➢ Record the decision in the register father was Chinese, while her mother is Filipina.
➢ Annotate the cancellation or correction in That her being a registered voter attests to the
subject birth, death, or other certificate fact that she is a Filipino citizen.
➢ Endorse birth (or other) certificate with 4. It was erroneously indicated in her birth
annotations and the relevant documents to certificate that she was a legitimate child when
the OCRG she should have been described as illegitimate
considering that her parents were never married.
TN: The LCR’s acts are ministerial in
character. Thus, the LCR has no discretion to
Republic avers that respondent did not comply with
deny/ to refuse to do these acts.
the constitutional requirement of electing Filipino
citizenship when she reached the age of majority
3) Petitioner files with the OCRG the
(pursuant to Art. 4, Sec. 1 (3) of 1935 Consti:
endorsement, corrected birth certificate, and
citizenship of a legitimate child born of a Filipino
other documents from the LCR.
mother and an alien father followed the citizenship of
● If the petitioner is willing the counsel can fly the father, unless, upon reaching the age of majority,
to the Manila and make a personal filling. the child elected Philippine citizenship;
Commonwealth Act No. 625: legitimate children born
● If the petitioner is willing to take the risk of of Filipino mothers may elect Philippine citizenship by
possible lost of the records, then you can file expressing such intention).
via courier service.
RTC granted the petition.
The records will then be forwarded to the PSA.
CA confirmed RTC’s decision.
Republic v. Lim ISSUES:

1. Whether the Court of Appeals erred in ordering the
DOCTRINE: Rule 108 provides procedure for correction of the citizenship of respondent Chule Y.
cancellation or correction of entries in Civil Registry. Lim from “Chinese” to “Filipino” despite the fact that
The proceedings in Rule 108 could either be: respondent never demonstrated any compliance with
● Summary (in nature) – if correction sought is
the legal requirements for election of citizenship. majority, should elect Philippine citizenship.
2. Whether the Court of Appeals erred in allowing
respondent to continue using her father’s surname Q: What if he is unable to elect Filipino
despite its finding that respondent is an illegitimate citizenship and after some time files a petition
child. for a correction under Rule 108?
A: The petition for correction or cancellation under
Rule 108 would not be a viable remedy in that
RULING: scenario.
1st Issue — No, CA did not err in ordering the
correction of the citizenship of respondent Chule Y.
Lim from “Chinese” to “Filipino” despite the fact that Lee v. CA
respondent never demonstrated any compliance with
the legal requirements for election of citizenship. DOCTRINE: There can be no doubt that when an
opposition to the petition is filed either by the
Article IV, Section 1(3) of the 1935 Constitution and Civil Registrar or any person having or claiming
Section 1 of Commonwealth Act No. 625 are not any interest in the entries sought to be canceled
applicable in this case since this constitutional and and/or corrected and the opposition is actively
statutory requirements of electing Filipino citizenship prosecuted, the proceedings thereon become
apply only to legitimate child adversary proceedings.
In this case, Lim, by being an illegitimate child of a In the case at bar, SC agreed with CA that the
Filipino mother, respondent automatically became a proceedings taken in both petitions for cancellation
Filipino upon birth. She is a Filipino since birth and/or correction of entries in the records of birth of
without having to elect Filipino citizenship when she petitioners in the lower courts are appropriate
reached the age of majority. The records show that adversary proceedings. In both cases, notices of the
respondent elected Filipino citizenship when she orders were ordered served upon the Solicitor
reached the age of majority. In fact, She registered General, the Civil Registrars of Manila and Kalookan
as a voter in Misamis Oriental when she was 18 and upon the petitioners herein.
years old. The exercise of the right of suffrage and
the participation in election constitute a positive act of FACTS: Private respondents, legitimate children of
election of Philippine citizenship. Lee Tek Sheng and Keh Shiok Cheng, filed in 1992
and in 1993 two (2) separate petitions for the
Hence, CA did not err. cancellation and/or correction of entries in the
records of birth of petitioners praying that the entry of
2nd issue — No, CA did not err in allowing the name of "Keh Shiok Cheng" as their mother be
respondent to continue using her father’s surname substituted with the name "Tiu Chuan," their true birth
despite its finding that respondent is an illegitimate mother and mistress of their father, Lee Tek Sheng.
child. They alleged that after the death of their mother on
May 9, 1989, their father insisted that all his children,
Section 1 of Commonwealth Act No. 142, which including all the petitioners, be included in the
regulates the use of aliases, allows a person to use a obituary notice of their mother's death. Investigation
name "by which he has been known since conducted by the National Bureau of Investigation
childhood". (NBI) disclosed that Lee Tek Sheng falsified all the
entries in the birth certificate of petitioners and made
In this case, what CA allowed was the correction of it appear that Keh Shiok Cheng, instead of Tiu
her father’s misspelled surname which she has been Chuan, delivered petitioners.
using ever since she can remember and not the
respondent’s use of her father’s surname. The court Petitioners moved to dismiss on the ground that the
held that prohibiting the respondent to use her petitions under Rule 108 can not assail legitimacy
father’s surname would only sow confusion. The and filiation, that these were essentially an action to
Republic has not shown that the Yu family in China impugn legitimacy that cannot be filed before the
would probably be prejudiced or be the object of death of the father and that the same has already
future mischief. In respondent's case, the change in prescribed. Both motions were denied. Petitioners
the surname that she has been using for 40 years elevated the case to the Court of Appeals reiterating
would even avoid confusion to her community in their allegations in their motions to dismiss with the
general. additional ground of forum-shopping asserting that
private respondents had filed complaints for
Hence, CA did not err. falsification against them and their father, a petition to
cancel their father's naturalization certificate and a
As to the citizenship requirement, the only time, if a petition for partition of their mother Keh Shiok
person born under the regime of the 1935 Cheng's estate.
Constitution, when he or she may be allowed to
introduce a change in the citizenship via a petition ISSUE: Whether the correction or cancellation of
for correction under Rule 108 if he is a non-marital or entries in the civil register under Rule 108 is
illegitimate child of a Filipino mother and an alien summary in nature? YES
father. If he is a legitimate child, a Rule 108 petition
is not a viable remedy. The Constitutional RULING: The Court held that substantial errors may
requirement is the child, upon reaching the age of be corrected in a petition for correction of entries in
the civil registry: dissolution of the marriage. It authorizes our courts to

adopt the effects of a foreign divorce decree
1. where the aggrieved parties avail of the precisely because the Philippines does not allow
appropriate adversary proceedings; divorce. Philippine courts cannot try the case on the
merits because it is tantamount to trying a divorce
2. that the petitions filed in the case at bar is not case. Under the principles of comity, our jurisdiction
a collateral attack on the legitimacy of private recognizes a valid divorce obtained by the spouse of
respondents but to establish that private foreign nationality, but the legal effects thereof, e.g.,
respondents are not the children of Lee Tek on custody, care and support of the children or
Sheng; property relations of the spouses, must still be
determined by our courts.
3. where there is no specific law or rule
specifically prescribing the period for filing of FACTS: Marelyn Tanedo Manalo was married to a
an action or petition the same must be Japanese national. She later filed for divorce against
brought within 5 years from the time the right her husband, and a divorce decree was issued by a
of action accrues pursuant to Article 1149 of Japanese court.
the Civil Code.
She sought the cancellation of the entry of marriage
In the case at bar, the cause of action of private in the Civil Registry of San Juan, Metro Manila by
respondents accrued in 1989 when they discovered virtue of the said divorce decree. She later amended
the falsified entries in petitioners' birth certificates her petition for the judicial recognition of the divorce
and that they filed the petitions in 1992 and 1993, decree.
both within the five (5) year prescriptive period; and
that there is no forum-shopping where there is no RTC denied Marelyn's petition, arguing that the
identity of parties, rights or causes of action and divorce obtained by Marelyn in Japan should not be
reliefs among the cases filed. recognized. The RTC held that based on Article 15 of
the New Civil Code, the Philippine law "does not
In terms of personality of private respondents to file afford Filipinos the right to file for a divorce whether
a petition to either correct or introduce changes in they are in the country or living abroad, if they are
the entries of the birth certificates of the petitioners. married to Filipinos or to foreigners, or if they
celebrated their marriage in the Philippines or in
Ordinarily, if one seeks correction or cancellation, it another country" and that unless Filipinos "are
should be the owner of the birth certificate. But in naturalized as citizens of another country, Philippine
this case, the one who sought the correction is not laws shall have control over issues related to
the owner of the birth certificate. Filipinos' family rights and duties, together with the
determination of their condition and legal capacity to
Under rule 108, persons who may file the petition is: enter into contracts and civil relations, including
1. Anyone interested or who has an interest. marriages."
(Private respondents in this case falls in
this category) Upon appeal, the CA overturned RTC's ruling. CA
held that Article 26 of the Family Code of the
The share of the petitioners as illegitimate children or Philippines (Family Code) is applicable even if it was
non-marital children would be half the share of the Manalo who filed for divorce against her Japanese
private respondents. So there is actually a husband because the decree may obtained makes
clarification here on the successional rights. the latter no longer married to the former,
capacitating him to remarry. OSG's motion for
Q: Going back to Rule 108, who are the persons recommendation was denied by CA. Hence, the
who may file a petition for cancellation or instant petition.
correction of entries in the civil registry?
A: Of course, the owner of the record. But the term ISSUE: Whether or not a Filipino citizen has the
used in Sec. 1 is “any person interested.” IOW, the capacity to remarry under Philippine law after
private respondents in this case fall under interested initiating a divorce proceeding abroad and obtaining
persons. Anyone as long as he has an interest in the a favorable judgment against his or her alien spouse
entry. who is capacitated to remarry.
It’s not just for Birth Certificate, but also Baptismal, RULING: Yes. Although the SC held that a Filipino
Death, Marriage, or any record or entry in the Civil may initiate divorce against a foreign spouse,
Registry. Marelyn's case was still remanded to the RTC to
allow Marelyn to present evidence as proof of the
In this case, there is interest because it has relevant Japanese law on divorce.
something to do with the successional rights of the
person filing the petition. Substantive Aspect:
Paragraph 2 of Article 26 of the Family Code
speaksof "a divorce x x x validly obtained abroad by
Republic v. Manalo the alien spouse capacitating him or her to remarry."
Based on a clear and plain reading of the provision, it
DOCTRINE: Paragraph 2 of Article 26 confers only requires that there be a divorce validly obtained
jurisdiction on Philippine courts to extend the effect of abroad. The letter of the law does not demand that
a foreign divorce decree to a Filipino spouse without the alien spouse should be the one who initiated the
undergoing trial to determine the validity of the proceeding wherein the divorce decree was granted.
It does not distinguish whether the Filipino spouse is

the petitioner or the respondent in the foreign divorce
Our courts do not take judicial notice of foreign laws.
proceeding.
Even if the petitioner uses a Rule 108 petition as the
procedural vehicle to introduce that foreign divorce
Procedural Aspect:
decree to our records, she would have to prove as
Jurisprudence has set guidelines before the
well the foreign law, etc. So in this case, in the SC as
Philippine courts recognize a foreign judgment
mentioned, remand of the case for the receipt of the
relating to the status of a marriage where one of the
necessary evidence to prove the foreign law.
parties is a citizen of foreign country. Presentation
solely of the divorce decree will not suffice. The fact
of divorce must still first be proven. Before a foreign Co v. Civil Registrar of Manila
divorce decree can be recognized by our courts, the
party pleading it must prove the divorce as a fact and DOCTRINE: The proceedings in Rule 108 of the
demonstrate its conformity to the foreign law allowing Rules of Court are summary if the entries in the
it. civil register sought to be corrected are clerical
or innocuous in nature. However, where such
If the opposing party fails to properly object, as in this entries sought to be corrected or changed are
case, the divorce decree is rendered admissible by a substantial: i.e., the status and nationality of the
written act of the foreign court. As it appears, the petitioners or the citizenship of their parents, the
existence of the divorce decree was not denied by proceedings are adversarial in nature.
the OSG; neither was the jurisdiction of the divorce
court impeached nor the validity of its proceedings FACTS: Co Boon Peng filed an application for his
challenged on the ground of collusion, fraud, or clear naturalization as a citizen of the Philippines. His
mistake of fact or law, albeit an opportunity to do so. application was granted, and he was conferred Phil.
citizenship under P.D. No. 1055. Co Boon Peng took
On the propriety of the remedy of the petition for his oath and his children, Hubert and Arlene Co
cancellation of entry in the marriage certificate as the finished college and earned their respective degrees
medium for introducing the foreign divorce decree: from Philippine schools.
Ordinarily when you have a foreign divorce decree, The children then filed for a Petition under Rule 108
what the concerned person or the Filipino spouse for the Correction of Entries in their Birth Certificate.
does is file a petition for recognition of a foreign They alleged that upon the grant of naturalization to
judgment. In this case, what the private respondent their father, they became Filipino Citizens through
did was file a petition for the cancellation of entry in the derivative mode of naturalization.
the marriage certificate. This is a Rule 108 petition.
However, the court a quo issued an order dismissing
Q: What would be the explanation why a petition the petition outright on the ground that the petition
for the cancellation/correction of entry in the was insufficient, solely because the petitioner’s father
marriage certificate is a viable remedy? Co Boon Peng applied for naturalization under the
A: There are actually 2 options: LOI No. 270 and was conferred Phil. Citizenship by
naturalization under PD. No. 1055 and not under
1. Petition for recognition of a foreign divorce Commonwealth Act (CA) No. 473. The petitioners
judgment/decree filed for a motion for reconsideration, however, this
2. Petition for the cancellation/correction of was denied by the RTC stating that LOI No. 270 and
entry under Rule 108 CA 473 are statutes relating to the same subject
matter but these do not provide the same beneficial
Q: What is the rationale in allowing a Petition for effects with respect to the minor children. The court a
Rule 108 in a case like this? quo stressed that legislative grants, whether they be
A: Remember that there is a marriage certificate of of property, rights or privileges, whether granted to
the petitioner that would show that she was married corporations or individuals, must be strictly construed
to a foreign spouse. But since there is already a valid against the grantee and in favor of the grantor.
divorce decree,
The petitioner now contends that the trial court erred
So the petitioner can then seek the correction or in holding that their petition was insufficient. They
cancellation of the entry of her marriage but even if a assert that contrary to the ruling of the trial court, they
petition for cancellation under Rule 108 is a viable are qualified to claim the benefit of Section 15 of CA
remedy, you have also to reconsider that there are No. 473, which provides that minor children of
certain formal requirements in a petition for persons naturalized thereunder who were born in the
recognition that have to be complied with. Philippines shall likewise be considered citizens
thereof. The petitioners invoke the rule that statutes
TN: When the petitioner files the petition, formalities in pari materia are to be read together.
will follow a Rule 108 petition. But when the
publication and initial hearing are done therein, They posit that CA No. 473 and LOI No. 270 should
the presentation of the evidence on the merits, be harmonized and reconciled since "all statutes
there is a need for the petitioner to prove as well relating to the same subject, or having the same
as a fact, the foreign law, whether or not the general purpose, should be read in connection with
divorce was in accordance with the procedure in it, and should be construed together as they
the foreign jurisdiction. constitute one law."
ISSUE: WON Rule 108 is the appropriate remedy in and they will have to enter
this case. appearance on behalf of the state
but they will not actually participate
RULING: Yes. The petitioners’ recourse to Rule 108 in the proceedings. The SolGen will
of the Rules of Court, as amended, is appropriate. delegate their authority to appear to
The Court approved Rule 108 of the Rules of Court the resident Public Prosecutor.
to provide for a procedure to implement the law. The
proceedings in Rule 108 of the Rules of Court are Q: In case there are a lot of aliases and one of
summary if the entries in the civil register sought to the aliases is not included in the title of the
be corrected are clerical or innocuous in nature. petition, will it render the entire petition
However, where such entries sought to be corrected defective, jurisdictionally speaking?
or changed are substantial: i.e., the status and A: Yes, because the requirement includes “all
nationality of the petitioners or the citizenship of their aliases”.
parents, the proceedings are adversarial in nature.
Q: In relation to Aliases, does this contemplate
In this case, the petitioners alleged in their petition aliases in social media?
that they are the legitimate children of Co Boon AEL: The cases so far do not include social media
Peng, who was naturalized as a Filipino citizen, but aliases. Although there are no decisions by the
that their certificates of birth still indicate that he is a Supreme Court on that matter, I would say you have
Chinese national. In view of their father’s to include it.
naturalization, they pray that the entries in their
certificates of birth relating to the citizenship of their Social media is a more recent phenomenon and it
father be changed from "Chinese" to "Filipino." would be interesting because the younger
generation nowadays make weird aliases on social
The petitioners’ recourse to the procedure in Rule media.
108 of the Rules of Court, as amended, being
appropriate, it behooved the trial court to do its duty But given that the rules use the generic term alias,
under Section 4, Rule 108 of the Rules of Court. and you are the one using it and you have friends
who know you as such (your social media name),
After hearing, the court shall issue an order either you are also known by your birth name but because
dismissing the petition or issue an order granting the you are using your name on that social media
same. In either case, a certified copy of the judgment account. I would like to believe it has to be included
shall be served upon the civil registrar concerned in the caption of the petition.
who shall annotate the same in the certificates of
birth of the petitioners. The judgment of the court If you are the lawyer, you would rather care on the
shall form part of the records of the local civil register side of caution, you know the rules, so just include it.
Q: When you have a mere clerical or TN: The reason or objective why aliases or other
typographical error, do you still file a petition names are included in the caption so that those
under Rule 108 now? people who know the petitioner not as the person in
A: NO. The petition should be filed under RA 9048, the birth certificate but as the person using the alias
with the Local Civil Registrar. or other name, they are so minded, and they will
know about the filing of the petition and they will
AEL: What is left under Rule 108 is substantial have an opportunity to file an opposition.
changes; thus, you have to comply with the
requirements to make the proceedings adversarial. Q: In relation to Co v. Republic, what if the
change of name is under Rule 108 is a
Q: How do you make the proceeding consequence of correcting something in his
adversarial? birth certificate, can you also include in the
A: By impleading the parties of the case. prayer the change of name for the wife and
children considering that the subject of rule 108
Q: Who would be the interested persons in a is a change of his status?
scenario like this? AEL: Our jurisprudence is not yet so clear or there is
A: no categorical pronouncement or ratio decidendi.
1. Civil Local Register But, I would like to believe that if the correction is a
a. As required under Rule 108 (3). consequence—for example, the surname of the
b. May or may not interpose an father, he had it corrected. Now the father would
opposition. In case it opposes, s/he want his children to use his new surname. The
can represent her/himself. question is, can you file a single petition and not just
change the surname of his minor children but also
2. Solicitor General with respect to the wife?
a. This is more properly treated as a
counsel for the state, not really a The matter on the wife is debatable because the
party respondent of the case. surname of the wife will not necessarily change
Technically speaking it has no when she marries her husband.
interest with respect to the state.
b. With or without the SolGen But when we go to the children, I would like to think
impleaded as respondent, it will still that there may be a single petition praying for the
be furnished a copy of the petition change in the surname of the main petitioner, the
father of the children. But that will trickle down as the petitioner, the minor, represented by the parent.
well on the surname of the children. The concept to Come to think, that’s a child, he/she has no legal
my mind, is like a joinder of the causes of action, so capacity. So, if ever we implead those other
that there is no need to file multiple cases. That’s children, but who will represent them in court? It
expensive and that would add additional cases in would have to be the legal guardian.
the court dockets. I think it is a viable option to file a
single petition provided that the change is related to If we talk about other children, not the owner of
me (father) and consequently to my children. the birth certificate, they really have to be named
Again the answer to the question, I tend to believe as respondents. Let their parents represent on their
that is a feasible option. behalf or opposed in any case.
Q: In relation to question posed in Labayo-Rowe
v. Republic, regarding the question on the need But with respect to the owner of the birth
to implead the minor child, whose name was also certificate that is a minor: Its not going to be
in concern under the petition for Rule 108. “Minor child A, petitioner represented by Father vs.
Wouldn’t including the child as one of the Minor Child A” Right? So, I think that is correct
petitioners for the Rule 108 petition, comply with because there is notice going to the petitioner and
the necessity of impleading the child as an that would take care of the requirement for
interested party? impleading these interested parties for the purpose
A: I think so. That’s precisely the point why you have of giving them notice on the proceeding. If you are
to name the respondent, it’s absurd because the real the one initiating the proceeding, of course you
party in interest is really the minor. He is just know. Although in reality, child has no idea with the
represented by the parent. And the objective of that action of the legal guardian. But you know its still
is to receive notices from the court. The petitioner his/her legal guardian. As long as he/she is a minor,
will receive notice, and you know in actual practice the actions of the legal guardian will bind them.
they will not receive notices on the side of the
petitioners. That will go the counsel for the
petitioners, but that is already constructive notice on
Rule 103 vs. Republic Act No. 9048, as amended vs. Rule 108
Rule 103 RA 9048, as amended Rule 108
Scope Change of full name or sur- Change of first name or Correction of substantial errors
name (substantial corrections) nickname, Day and Month in or cancellation of entries in the
the Date of Birth, or Sex of a Civil Registry
Person
Nature of Judicial Administrative 1. Judicial

Proceedings 2. Adversarial in nature;
involves substantial changes
and affects individual’s
status
Hearing Necessary Not required Necessary
Who may Person desiring to change Any person having direct and Any person interested in any
File one’s name personal interest in the act, event, order or decree
correction of a clerical or concerning the civil status of
typographical error in an entry persons which has been
and/or change of first name or recorded in the civil register
nickname
Initiatory Signed and verified petition Sworn affidavit Verified petition

Pleading
Venue RTC of the province in which a. Local civil registry office of RTC of city or province where
Where to File petitioner resided for 3 years the city or municipality where corresponding civil registry
prior to filing the record being sought to is located
be corrected or changed is
kept;
b. Local civil registrar of the
place where interested party
is presently residing or
domiciled; or
c. Philippine Consulate
Contents of 1. That petitioner has been a 1. Facts necessary to establish

the Petition bona fide resident of the the merits of the petition;
province where the petition x
is filed for at least 3 years 2. Particular erroneous entry or
prior to the date of filing; entries, which are sought to
be corrected and/or the
2. The cause for which the change sought to be made;
change of petitioner’s name and
is sought; and
3. Petition shall be supported
3. The name asked for with the ff. documents:
a) A certified true machine

copy of the certificate or of
the page of the registry
book containing the entry or
entries sought to be x
corrected or changed;
b) At least 2 public or private

documents showing the
correct entry or entries
upon which the correction
or change shall be based;
and
c) 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.
Grounds a. Name is ridiculous, tainted a. Petitioner finds the first Upon good and valid grounds
with dishonor and extremely name or nickname to be
difficult to write or ridiculous, tainted with
pronounce; dishonor and extremely
difficult to write or
b. Consequence of change of pronounce;
status;
b. The new first name or
c. Necessity to avoid nickname has been
confusion; habitually and continuously
used by petitioner and he
d. Having continuously used has been publicly known by
and been known since that first name or nickname
childhood by a Filipino in the community; or
name, unaware of her alien
parentage; c. The change will avoid
confusion.
e. A sincere desire to adopt a
Filipino name to erase signs
of former alienage all in
good faith and without
prejudicing anybody; or
f. Surname causes em-

barrassment and there is no
showing that the desired
change of name was for a
fraudulent purpose or that
the change of name would
prejudice public interest.
Notice and At least once a week for 3 At least once a week for two At least once a week for three
Publica- consecutive weeks in a consecutive weeks (publish the consecutive weeks in a
tion newspaper of general whole affidavit) – in change of newspaper of general
circulation (notice of hearing) first name or nickname circulation (notice of hearing)
Posting Not required Duty of the civil registrar or Not required

Consul to post petition in a
conspicuous place for 10
consecutive days
Persons to 1. Solicitor General Civil Registrar 1. Civil Registrar

be Notified 2. Provincial Fiscal 2. Consul
3. City Fiscal 3. All persons who have
4. Interested Parties claim or any interest which
would be affected by a
proceeding concerning the
cancellation of an entry in
the civil register
Coverage 1. Correction of clerical or 1. Correction of clerical or 1. Births;

typographical errors in any typographical errors in the 2. Marriages;
entry in civil registry civil registry, including date 3. Deaths;
documents of birth and sex; and 4. Legal separations;
5. Judgments of annulments
XPN: Corrections involving the 2. Change of first name or of marriage;
change in: nickname in the civil registry 6. Judgments declaring
a. Sex; marriages void from the
b. Age; beginning;
c. Nationality; and 7. Legitimations;
d. Status of a person 8. Adoptions;
9. Acknowledgments of
2. Change of a person’s first natural children;
name or nickname in his/her 10. Naturalization;
civil registry (refer to the 11. Election, loss or recovery of
grounds) citizenship;
12. Civil interdiction;
13. Judicial determination of
filiation;
14. Voluntary emancipation of a
minor; and
15. Changes of name.
Where to Court of Appeals under Rule 41 a. Civil Registrar General Court of Appeals under Rule 41
Appeal under Sec. 7; or
b. Court of Appeals under Rule
43
***
ADOPTION Purpose
The purpose of adoption proceedings is to effect the new

Definition and Concept status of relationship.
ADOPTION is the process of making a child, whether Adoption is impressed with social and moral
related or not to the adopter, possess in general, the responsibility, and its underlying intent is geared to
rights accorded to a legitimate child. favor the adopted child; to promote the welfare of the
child, and to enhance his opportunities for a useful and
happy life.
The act of adoption fixes a status: that of a parent and a
child. It is an act by which paternity and affiliation are
recognized between persons not so related by nature. How adoption statutes construed
It has been defined as the taking into one’s family if the The law should be construed liberally.
child if another, as son or daughter and heir, and
conferring on them a title to the rights and privileges as However, the discretion to approve adoption
such. proceedings is not to be anchored solely on the best
interests of the child; but likewise, with due regard to the
Adoption not only establishes a relationship of paternity natural rights of the parents over the child.
and filiation, but also endows that child with a
legitimate status. It is the State’s policy to ensure that every child remains
under the care and custody of his parents and is
provided with love, care, understanding, and security for
the full and harmonious development of his personality.

Deputy Director for
Services of the
As such, it is only when such efforts prove insufficient
NACC
and no appropriate placement or adoption within the
child’s extended family is available shall adoption by an
10 Review of RACCO Deputy Director for
unrelated person be considered.
Recommendation Services of the NACC
11 Final Review and Executive Director of

Approval of the the NACC
DOMESTIC ADMINISTRATIVE ADOPTION Petition
12 Objection/Opposition Any person

I. Salient Procedural Points to the Petition
The Procedure 13 Decision and Executive Director of

Issuance of Order of the NACC
1. CDCLAA Adoption
2. Counseling
3. Case Study 14 MR and/or Appeal/ NACC En Banc;
4. Matching Judicial Recourse CA, SC
5. Pre-Adoption Placement Authority (PAPA)
6. Supervised Trial Custody (STC) 15 Finality and Adopters; LCR
7. Filing of Petition Execution
8. Publication of Petition
9. RACCO Action
10. Deputy Director Review
11. Executive Director Approval Issuance of CDCLAA
12. Objection (at any time before the Executive
Director issues the Order of Adoption)
What is a CDCLAA?
13. Issuance of Order of Adoption
14. MR/Appeal ● Certificate Declaring a Child Legally Available for
15. Finality and Execution Adoption
- Final written administrative order issued of the
NACC
- Stating that a child is legally available for
Offices and Persons Involved adoption
- After finding such child to be abandoned and
1 Issuance of National Authority for neglected, or after the parents or legal guardians
CDCLAA Child Care (NACC) have voluntarily committed such child (ALSO:
Executive Director after the discovery of a foundling)
2 Counseling Services Regional Alternative What is a CLAA?

Child Care Office ● Child Legally Available for Adoption
(RACCO) - a child in whose favor a certification was issued
by the NACC stating that such child is legally
3 Case Study Adoption social worker available for adoption after the fact of
abandonment or neglect has been proven though
4 Matching Process Regional Child the submission of pertinent documents, or one
Placement Committee who was voluntarily committed by his/her parents
(RCPC) or legal guardian
5 Issuance of Pre- RACCO May the parents or legal guardian recover the legal
Adoption Placement custody and parental authority over a voluntarily
Authority (PAPA) committed child?
● Yes, by:
6 Supervised Trial Adoption social worker
1. Filing a Petition for Restoration of Legal
Custody (STC)
Custody and Parental Authority with the
7 Filing of Petition for Prospective Adoptive NACC; and
Administrative Parents (PAPs) 2. Showing to the satisfaction of the NACC that
Adoption with the they are in a position to adequately provide for
RACCO the needs of the child
8 Publication of Prospective Adoptive ● Reglementary period – within 3 months from the

Petition Parents (PAPs) signing of the DVC
9 Issuance of RACCO When is a CDLAA issued, and who issues it?

Recommendation,
Transmittal to the For whom Who issues When
2. RACCO issues Notice and authorizes the

Involuntarily Issued by the Within 3 months
committed posting thereof for 5 consecutive days in a
NACC following the
child conspicuous place in the locality
involuntary
commitment
3. RACCO renders recommendation and transmits it
Voluntarily Issued by the Within 3 months from to the Executive Director within 15 days from
committed Executive the filing of the DVC completion of posting
child Director
4. Executive Director issues CDCLAA within 7
Foundlings Issued by the Within 3 months from working days, transmits CDCLAA to petitioner and
Executive the issuance of the all interested persons
Director foundling’s birth cert.
5. Opposition to the petition for CDCLAA – at any
Who may file a Petition for CDCLAA? time before finality of the issuance of CDCLAA
● Head or Executive Director of a licensed or
accredited child-caring or child-placing agency 6. Appeal to the CA within 10 days from receipt of the
or institution managed by the government, LGU, order granting or denying the CDCLAA
NGO, or provincial, city, or municipal SWDO who
has actual custody of the minor. What are the legal effects of the issuance of a
CDCLAA?
● If the child is in the custody of any other individual, ● CDCLAA issued by the NACC Executive Director –
the child-caring or child-placing agency or institution shall be, for all intents and purposes, the best
shall do so with the consent of the child’s evidence that the child is legally available in a
custodian. domestic adoption and inter-country adoption
proceeding
What is the form of a Petition for CDCLAA?
● In an affidavit form ● Rights of parents, guardians, or other custodian to
● Contains: exercise authority over the child shall cease upon
1. Facts to establish the merits of the petition; and the issuance of the CDCLAA.
2. The circumstances of the abandonment,
neglect, or voluntary commitment, or the Is the CDCLAA required in all cases?
discovery of the foundling ● Under R.A. 11642, the CDCLAA is required for the
adoption of:
What are the attachments to the Petition for a. Abandoned children;
CDCLAA? b. Neglected children;
1. Social Case Study Report by the LGU, RACCO, or c. Voluntarily committed children; and
agency or institution d. Involuntarily committed children
e. TN: Also for Foundlings
2. Proof of Efforts to locate parents or known relatives
of child ● CDCLAA appears to be NOT required for the
adoption of:
a) Written certification from local or national radio
or TV station that the case was aired on 3 a. an illegitimate child by any of his/her
different occasions biological parent;
b) Publication in a newspaper of general b. a step-child by his/her step-parent;
circulation, except in step-parent or relative c. a child by a relative within the 4th degree
adoption of consanguinity or affinity (Per IRR of R.A.
c) Police report or barangay certification or 9253, which R.A. 11642 has expressly
tracing report of the PNRC-NHQ repealed)
d) Returned registered mail to the last known d. ALSO: adult?
address of parents or known relatives
3. DVC signed by the biological parent/s (for

Who may adopt
voluntarily committed child)
4. Birth Certificate, if available GR: Spouses shall adopt jointly.

XPNs: Except in the following cases:
5. Photo of child (recent and another one upon
abandonment or admission to the agency or (a) one spouse seeks to adopt the legitimate child
institution) of the other (step-parent adoption)
(b) one spouse seeks to adopt the his/her own
What is the procedure leading to the issuance of a illegitimate child: Provided, that the other spouse
CDCLAA? (step-parent of the child) signifies consent
1. File the petition with the RACCO of the place thereto; or
where the child is found, abandoned, voluntarily (c) the spouses are separated from each other
committed, or discovered
1. Filipino citizen
➢ at least 25 years of age 3. Illegitimate child by a qualified adopter (includes

➢ with full civil capacity and legal rights biological parent) to improve status to legitimacy
➢ has not been convicted of crime involving moral
turpitude 4. Filipino of legal age, if prior to the adoption he/she
has been consistently treated by the adopters as
➢ of good moral character and can model the their child for a period of at least 3 years
same
➢ emotionally and psychologically capable of 5. Foster child
caring for children
➢ GR: Age gap: at least 16 years older than 6. Child whose adoption has been previously
adoptee rescinded
XPN:
(a) adopter is adoptee’s biological parent; or 7. Child whose biological or adoptive parents have
(b) adopter is the spouse of adoptee’s parent died: Provided, that no proceeding shall be initiated
➢ in a position to support and care for his children within 6 months from the death of such parent
in keeping with family’s means
8. Relative of the adopter (i.e., “someone other than
2. Legal guardian with respect to the ward after the family members, within the 4th civil degree of
termination of guardianship and clearance of consanguinity or affinity”)
financial accountabilities
3. Foster parent (i.e., person duly licensed by the Whose consent is necessary
NACC to provide foster care, or planned temporary
substitute parental care) with respect to the foster
child 1. Adoptee (i.e., child to be adopted), if 10 years old or
over (children below 10 shall be “counseled and
consulted,” but shall not be required to execute a
4. Philippine Government officials and employees
written consent
deployed or stationed abroad: Provided, that they
are able to bring the child with them
2. GR: Biological parents, if known, or legal
guardian, or the child-placement agency, or the
5. Foreign nationals
government instrumentality that has legal custody
● GR: Permanent and habitual resident of PH of the child
for at least 5 years XPN: except in the case of a Filipino of legal age if,
prior to the adoption, he/she has been consistently
XPNs: treated as their own child by the adopters for at least
(a) former Filipino habitually residing in the 3 years
Philippines, who seeks to adopt a relative
within the 4th civil degree of consanguinity 3. Legitimate and (other) adopted children, 10 years
or affinity; of age or over, of the adopter, if any, and the
(b) one who seeks to adopt the legitimate adoptee
child of the Filipino spouse; or
(c) one who is married to a Filipino and seeks 4. Illegitimate children, 10 years of age or over, of
to adopt jointly with the spouse a relative the adopter if:
within the 4th civil degree of consanguinity (a) living with said adopter; or
or affinity of the Filipino spouse (b) over whom the adopter exercises parental
authority and the latter’s (i.e., adopter’s)
● Same qualifications as Filipinos spouse, if any; and
● Country has diplomatic relations with PH 5. Spouse of the person adopting or to be adopted
● Laws of adopter’s country will:
✔ acknowledge the Certificate of Adoption as Remedies
valid;
✔ acknowledge the child as legal child of the Motion for Reconsideration and/or Appeal
adopters, and
✔ allow entry of the child into such country as What is the petitioner’s remedy if the executive
an adoptee director denies the petition?
● File a Motion for Reconsideration with the

Who may be adopted NACC, through the Executive Director, within 15
days from receipt of the order denying the petition
1. Child who has been issued a CDCLAA NOTE: The NACC En Banc is the Appeals
Committee for contested denials of petition and
2. Legitimate child of one spouse by the other spouse is composed of:
(i.e., by the step-parent) 1. The DSWD Secretary as ex officio chair;
plus
2. Six (6) other members: parental care, with the adopters having full parental
- at least one psychologist or authority over the child
psychiatrist,
- two lawyers with qualification of an 5. All legal ties between biological parents and the
RTC judge, child shall be severed and shall then be vested
- one registered social worker, and on the adopters.
- two representatives of NGOs engaged
in child care or placement 6. If spouses adopt jointly, or if one spouse adopts the
to be appointed by the President for a non- illegitimate child of the other, joint parental
renewable term of 6 years. authority shall be exercised by the spouses.
● File an appeal under Rule 43 with the CA 7. In testate and intestate succession: Adopters and
within 10 days:
adoptee shall have reciprocal rights of
(a) from receipt of the order of the Executive succession; but if there is a will, the law on
Director denying the petition (without filing
testamentary succession shall govern.
an MR with the NACC En Banc); or
(b) from receipt of the order of the NACC En
Banc denying reconsideration of the order
of the Executive Director
What is the reglementary period of filing an MR with

the NACC? An appeal with the CA?
Policy on Confidentiality
MR to NACC Appeal to CA
GR: All petitions, documents, records, and papers
15 days from receipt 10 days from:
relating to administrative adoption proceedings in the
of the order denying (a) receipt of the Executive
the petition files of the city or municipal SWDOs, the RACCOs, the
Director’s order
NACC, the DSWD, or any other agency or institution
denying the petition; or
participating in the proceedings shall be strictly
(b) receipt of the NACC’s
confidential.
order denying the MR
XPN: Allowable limited disclosures of necessary

information to third persons under exceptional cases.
Legal Effects
What are the requisites for the limited disclosure of
1. Adoptive parents shall start enjoying: information related to the adoption proceedings?
● All the benefits entitled to biological parents, 1. For security reasons or for purposes connected
including benefits that can be availed of through with or arising out of the administrative adoption
the SSS, GSIS, DOLE, BIR, Philhealth, HMOs, 2. The disclosure will be for the best interest of the
among others, from the date of issuance of the child
Order of Adoption (TN: reckoning point is
NOT Date of Finality of the Order of Adoption) 3. Released information must be for the specified
restricted purpose/s, in accordance with existing
● GR: Paid maternity or paternity leaves, but laws on data privacy
only within one year from the date of issuance of 4. Upon the written request of the adoptee (or
the Order of Adoption his/her legal guardian or adoptive parent)
XPN: Adult adoptions and all cases where the 5. Upon order of:
adoptive child has been in the care and custody (a) the Executive Director; or
of the adoptive parent for at least three years (b) any lawful authority (e.g., the courts in proper
before the issuance of the Order of Adoption. cases)
2. Adoptee is considered legitimate child of the

adopters, entitled to all the rights and obligations of II. Post-Adoption Incidents
a legitimate child under the law
Who may file for Rescission
3. Legitimate filiation (NOTE: along with its legal
consequences) — extends to the adopter’s: Only the following persons may file a petition for
- Parents; rescission:
- Legitimate siblings; and 1. The adoptee, if already of age;
- Legitimate descendants. 2. The adoptee with the assistance of the SWDO if still
a minor;
4. Upon issuance of Order of Adoption, the adoption 3. The adoptee with the assistance of the SWDO if
shall cease as alternative care and shall become already of age but incapacitated; or
4. The guardian of the adoptee. ● Petitioners have the option to immediately

withdraw pending judicial petitions for domestic
TN: Adoption, being for the best interest of the child, adoption regardless of the stage of the proceedings.
shall NOT be subject to rescission by the adopters, - Otherwise, the courts shall continue to hear
but the latter may disinherit the adoptee, for causes and decide such pending petitions.
under Article 919 of the CC.
● The courts shall give petitioners time to manifest
their intent to withdraw.
Grounds for Rescission - If petitioners fail to notify the court within the
set period, they are considered to have waived
1. Repeated physical or verbal maltreatment by the the option to withdraw their petitions.
adopter despite having undergone counseling;
2. Attempt on the life of the adoptee; ● Petitioners, and their respective counsels, who
avail of the benefits of R.A. 11642 without first
3. Sexual abuse or violence; or withdrawing their pending petitions before the
4. Abandonment and failure to comply with parental courts shall be sanctioned under the Rules of Court.
(forum shopping?)
obligations.
● GR: Domestic adoption provisions in the Rule on
Adoption are now rendered ineffective.
XPN: Except for pending domestic adoption cases
before the courts not withdrawn by petitioners.
Effects of Rescission
● Rescission of adoption under Section 47 of R.A.
11642 covers judicial adoptions (i.e., adoptions
1. Restoration of the legal custody of the NACC, if granted under the old Domestic Adoption Act of
the adoptee is still a child 1998 and the Rule on Adoption under A.M. No. 02-
6-02-SC dated August 2, 2002)
2. Extinguishment of the reciprocal rights and
obligations of the adopters and the adoptee ● Inter-country adoption petitions pending before
the courts pursuant to Part B of the Rule on
Adoption shall be dismissed.
3. Biological parents, who are in a position to support
and care for the child, may petition the NACC to ● All courts are required to submit to the OCA a list
restore their parental authority over the child, and status report of all pending adoption cases,
provided that this is in the child’s best interest including archived cases.
4. Cancelation of the amended birth certificate and Salient Points of DSWD M.C. No. 03, series of 2022
restoration of the original birth certificate
● Issuing authority: The DSWD and the NACC,
5. Reversion of successional rights to its pre- which is the former Inter-Country Adoption Board
adoption status but rights vested before the (ICAB)
rescission shall be respected
● Purpose of M.C. No. 03, series of 2022:
1. To guarantee the continuous processing of
III. Transitory Considerations child placement and adoption processing
services while the IRR of R.A. 11642 is still
Salient Points of A.M. No. 02-6-02-SC underway; and
2. To serve as basis for the implementation of
Dated April 19, 2022 Section 56 (Transitory Clause) of R.A. 11642.
● Highlights of Section 56 of R.A. 11642:

● Adoption is now an administrative proceeding.
1. There will be a three-year transition phase for
● Upon the effectivity of R.A. 11642, courts may no the implementation of R.A. 11642.
longer receive or accept petitions for domestic
adoption. 2. During the pendency of the establishment of the
NACC, functions relating to foster care,
● R.A. 11642 took effect on January 28, 2022, with the issuance of CDCLAA, and adoption processes
goal of making domestic adoption proceedings under R.A. 11222 or the Simulated Birth
simpler and less costly. The law also seeks to Rectification Act of 2019 will remain under the
streamline alternative child care services. DSWD.
● Jurisdiction over domestic adoption cases shall now ● Vital procedures that the DSWD will continue to
be with the NACC, a quasi-judicial agency attached facilitate in coordination with the NACC:
to the DSWD.
1. Adoption cases withdrawn from the court
2. New petitions for administrative adoption 8. NACC social worker reviews the petition and
attachments and the SCSR
3. Child case management by DSWD Residential
Care Facility, Child-Caring Agency, and Local 9. Return petition to RACCO or forward it and the
Social Welfare and Development Office Order of Aproval (OOA) or Denial (OOD) to the
Executive Director
4. New applications for adoptive parents in the
RACCO and child placing agencies
10. Executive Director signs the OOA or OOD and
5. Matching and issuance of Inter-Country endorses it to DSWD Sec. for approval
Adoption Clearance
11. DSWD Sec. or his rep shall act on the OOA or
6. Foster care and simulated birth rectification OOD
7. Inter-Country Adoption 12. OOA indicates name of child and directs actions
from PAPs and LCR
8. Disrupted pre-adoptive placement
13. Transmit OOA to PAPs, RACCO, & LCR
9. Registration of order of adoption
10. Petition for rescission of the adoption; and 14. MR before NACC Transition Team and/or appeal to
CA under Sec. 35
11. Travel clearance for cases under the NACC
jurisdiction
● Adoption now is an administrative proceeding.
● For domestic administrative adoption cases and
Therefore, it is not a special proceeding
inter-country adoption processes, a transition team
anymore. (Special proceedings mean special judicial
composed of the DSWD and the ICAB shall act proceedings.)
as the NACC, with the ICAB Executive Director
serving as chairperson and the DSWD-Program
● Now, you cannot anymore file a petition for
Management Bureau (PMB) Director will serve as
adoption in court. By virtue of R.A. 11642,
the vice chairperson of the transition team.
adoption cases have become administrative.
Thus, if you want to file, go to the Regional
● The DSWD and the ICAB, which is now the NACC, Authoritative Childcare Office. (RACO)
will ensure the efficient and effective implementation
of the guidelines in order to uphold the best interest
of children at all times. ● Adoption still has a judicial aspect, but it’s on
the appellate remedy.
● Interested or prospective adoptive parents may
coordinate with the RACCO located in the different TN: There are still petitions for adoption that are now
Field Offices of the DSWD for application for pending in court. Once they acquire jurisdiction,
adoption during the transition period and before the they will not lose it even when there is a new law that
issuance of the IRR. changes the procedure altogether. But under the
issuance of the S.C., the policy would depend on the
petitioner.
Procedure for Adoption Cases ● If the petitioner wishes to withdraw their

Withdrawn from Court judicial petition: They can go to RACO.
● If the petitioner does not want to withdraw

1. File petition with RACCO (include court order
their petition: They can proceed and let the
releasing docs)
RTC decide on the petition.
2. RACCO issues NOTICE of receipt of petition and The usual appellate remedy if there is a denial on
records to PAPs the petition:
File an MR → Denial of MR → CA → SC
3. RACCO social worker shall require an UPDATED
social case study report (SCSR) TN: The procedure is in the law, but the IRR is still
not yet out.
4. PAPs secure UPDATED SCSR from adoption
social worker
5. RACCO Social Worker assesses case and submits

report to RACC Officer
-o0o-
6. RACC officer shall render a recommendation
7. Transmit recommendation + petition w/

attachments to NACC

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University of Cebu School of Law | 2nd Semester, A.Y.

2021-2022 | Special Proceedings

● As notice to all, publication serves to indefinitely

CHANGE OF NAME, CORRECTION OF Official Name

RULE 103 A person’s name in the civil register, for legal

Purpose of the Rule Siong v. Republic

even require that the citizenship of the petitioner be

The rule regarding the use of a child’s surname is

It is only when the illegitimate child is legitimated by the

name. Supreme Court can revisit the doctrine in a decision

● The evidence presented need only be

The petition for change must be filed by the person

CFI of Samar for change of name to “Antonio C.

Q: What is the proper way of writing the caption

The tenor of the order is that there is an order or

Yasin v. Hon. Judge, Shari’a District Court Petition was GRANTED.

FACTS: Petitioner Hatima C. Yasin was formerly Republic v. Sali

In this case, petitioner’s registered name is Hatima

May the mother file a petition to change the

Substance To whom notice is served

The petitioner cannot be the one to decide where the

cases for the day. The Petition is case no. 3.

Affidavit of Publication ○ As Exhibit “C” – the notice of the order;

ILLUSTRATION: In the court calendar, there are 10

6. Presentation of Evidence 2) LCR’s actions (ministerial):

8. Appeal After six months to one year, one can already

GR: Ordinary appeal to the Court of Appeals

● Now, there may be administrative corrections in

Procedure ● Clerical errors, typographical errors, day and

The petition shall be supported with the following

have retroactive effect insofar as it does not prejudice

Rule 43 of the Rules of Court and the proper court is

child. And if you were not acknowledged by your

Q: Is it only a clerical error in the first name that

Q: Does the RTC have the jurisdiction to change

the party seeking relief has given legal warning to the

Congress’ response to the confusion wrought by the

AEL: Based on what the SC said, if you have an CHANGE OF SEX

The basis here for the change of the name is that he

The sex of a person is determined at birth, visually

Jennifer Cagandahan here thinks of himself as a her.

was already a teenager and there was a filing that

policy. They only interpret it. Of course, there may be

controversial alterations including those on citizenship,

Section 3. Parties. — When cancellation or

Section 5. Opposition. — The civil registrar and

Such failure was likewise excused and may be

effect changes in their respective birth certificates.

Yet, even though Barco was not impleaded in the

4) Judgments of legal separation, annulment of

To emphasize: All persons who have interest in

Q: Who should be impleaded in the petition for Contents of Order

➣ Other party respondents affidavit of publication will be Exhibit E-4.

TN: The assigning of letters for the marking of

After offering these exhibits, the court will then ask

Q: Who can file an opposition? 3) If no oppositors, petitioner prays for order of

6. Initial Hearing If there is an oppositor, what the court does usually

evidence ex parte. But if there is an opposition there

Republic v. Lim ISSUES:

the civil registry: dissolution of the marriage. It authorizes our courts to

It does not distinguish whether the Filipino spouse is

Rule 103 RA 9048, as amended Rule 108