Comparative Chart: Rule 103, R.A. No.

9048, and Rule 108

RULE 103 R.A. NO. 9048, as amended by R.A. No. 10172 RULE 108
Name of law
Change of Name Clerical Error Act Cancellation/Correction of Entries in the Civil Registry
Scope or Subject matter
Change of SURNAME or BOTH FIRST NAME AND SURNAME Change of FIRST NAME or nickname, DAY or MONTH (not Correction of SUBSTANTIAL errors or cancellation of entries
(substantial corrections) year) of birthdate, SEX, and correction of clerical errors of in the civil registry (substantial corrections)
entries in the Civil Registry (typographical or clerical errors
only)
Nature of proceedings
Judicial; hearing is necessary Administrative; no hearing required Judicial; hearing is necessary. Adversarial because it
involves substantial changes and affects the status of the
individual.
Who may file
A person desiring to change one’s name [Sec. 1] Any person having direct and personal interest in correction Any person interested in any act, event, order or decree
of a clerical or typographical error in an entry and/or concerning civil status of persons which has been recorded
change of first name or nickname [Sec. 3] in civil register [Sec. 1]
Initiatory pleading
Signed and verified petition. Verified petition in the form of affidavit. Verified petition.
Where to file
RTC of province where petitioner RESIDED for 3 years prior 1. Local civil registry of the city or municipality where the RTC of city or province where the corresponding CIVIL
to filing [Sec. 2] In City of Manila, in Family Courts. record being sought to be corrected or changed is kept. REGISTRY IS LOCATED.
2. If petitioner has already migrated to another place in the
country: Local civil registrar of the place where
interested party is presently residing or domiciled
3. If petitioner is citizen of the Philippines residing or
domiciled in foreign countries: Nearest Philippine
consulate
Coverage
Change of designation by which a person is known 1. Correction of clerical or typographical errors 1. Births
and called in the community in which he lives and is 2. Change of 2. Marriage
best known. i. FIRST NAME or NICKNAME 3. Deaths
ii. DAY and MONTH in date of birth, or 4. Legal separations
iii. SEX of a person where it is patently clear that there 5. Judgments of annulments of marriage
was a CLERICAL OR TYPOGRAPHICAL OR MISTAKE in the 6. Judgments declaring marriages void from the beginning
entry 7. Legitimations
8. Adoptions
 9. Acknowledgments of natural children
10. Naturalization
11. Election, loss or recovery of citizenship
12. Civil interdiction
13. Judicial determination of filiation
14. Voluntary emancipation of a minor
15. Changes of name [Sec. 2]

1. Name is ridiculous, tainted with dishonour and extremely
difficult to pronounce;
2. Results legal consequence of change of status, as in
legitimation;
3. Necessity to avoid confusion;
4. Having continuously used and been known since
childhood by a Filipino name, unaware of alien parentage;
5. A sincere desire to adopt a Filipino name to erase signs
of former alienage all in good faith and without prejudicing
anybody;
6. When the surname causes embarrassment 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.
7. Intersexuality.
MEMORIZE!!!
Grounds
1. Petitioner finds the first name or nickname to be Upon good and valid grounds [Sec. 2]
ridiculous, tainted with dishonour or extremely difficult to
write or pronounce;
2. The new first name or nickname has been habitually and
continuously used by petitioner and he has been publicly
known by the first name or nickname in the community;
3. The change will avoid confusion [Sec. 4]
Meaning of clerical or typographical error
A mistake committed in the performance of clerical work in
writing, copying, transcribing or typing an entry in the civil
register that
a. Is harmless and innocuous, such as
i. Misspelled name or place of birth
ii. Mistake in entry of day and month in date of birth or
sex or the like
b. Is visible to the eyes or obvious to the understanding
c. Can be corrected or changed only by reference to other
existing record or records
d. Does not involve the change of nationality, age, status or
sex of the petitioner [Sec. 2(3), R.A. 9048, as amended]

Notice and publication

At least once a week for 3 consecutive weeks in a
newspaper of general circulation in the province (notice and
hearing) [Sec. 3]
Not required.
At least once a week for 2 consecutive weeks (publish the
whole affidavit) – in cases of change of first name and
nickname, in addition to posting requirement.
Posting
Duty of the civil registrar or consul to post petition in a
At least once a week for 3 consecutive weeks in a
newspaper of general circulation in the province (notice and
hearing) [Sec. 4]
Not required.
 conspicuous place for 10 consecutive days.

In the case of migrant petitioner, the petition shall be

posted first at the office of the Petition-Receiving Civil
Registrar [PRCO] for 10 consecutive days before sending it
to the RKCR. Upon receipt, the RKCR shall post again the
petition in his office for another 10 consecutive days.
Persons to be notified
1. Solgen 1. Civil registrar 1. Civil registrar
2. Provincial fiscal 2. Consul 2. All persons who have or claim ay interest which would be
3. City fiscal affected thereby [Sec. 4]
4. Interested parties [Sec. 4]
Where to appeal
CA under Rule 41 Civil registrar General under Section 7, RA 9048 or CA CA under Rule 41
Jurists Mock Bar: An appeal from a judgment granting a under Rule 43.
petition for change of name is perfected by the filing of a
notice of appeal without the need for a record on appeal,
the reason being that the case does not involve multiple or
separate appeals.
Payment of fees
No provision as to the payment of fees. The city or municipal registrar or the consul general shall be No provision as to the payment of fees.
authorized to collect reasonable fees as a condition for
accepting the petition. An indigent petitioner shall be
exempt from the payment of the said fee.

The fees collected by the city or municipal civil registrar or

the consul general pursuant to this Act shall accrue to the
funds of the Local Civil Registry Office concerned or the
Office of the Consul General for modernization of the office
and hiring of new personnel and procurement of supplies,
subject to government accounting and auditing rules.