Rule 103 Change of

Name
AGUILAR, Charles Tito R.
2016-0267
SPECIAL PROCEEDINGS
Prof. Caridad H. Grecia-Cuerdo
What is Petition for Change of
Name?
• The petition for change of name is an available remedy
for a person to alter the "designation by which he is
known and called in the community in which he lives and
is best known".
• It is a privilege granted by the law and not a right.
What are the grounds for the filing of
the Petition for Change of Name?
• Name is ridiculous, dishonorable or extremely difficult to
write or pronounce;
• Change results as a legal consequence, as in legitimation;
• Change will avoid confusion;
• When one has continuously used and been known since
childhood by a Filipino name, and was unaware of alien
parentage;
What are the grounds for the filing of
the Petition for Change of Name?
• Sincere desire to adopt Filipino name to erase signs of
former alienage, all in good faith and without prejudicing
anybody;
• 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.
• (Republic v. Coseteng-Magpayo, G.R. No. 189476,
February 02, 2011).
When to file?
• When the person desires to change his name and that it
falls within the grounds set by the law.
Where to file?
• Rule 103, of the Revised Rules of Court, Section 1 Venue,
states that: A person desiring to change his name shall
present the petition before the Regional Trial Court of the
province in which he resides, or, in the City of Manila, to
the Family Court.
What is the order of hearing under
petition for change of name?
• If the petition filed is sufficient in form and substance,
the court, by an order reciting the purpose for the
petition, shall fix a date and place for the hearing thereof,
and shall direct that a copy of the order be published
before the hearing at least once a week for three
successive weeks in some newspaper of general
circulation published in the province, as the court shall
deem best. The date set for the hearing shall not be
within 30 days prior to an election nor within four
months after the last publication of the notice.
Contents of Petition for Change of
Name
• Rule 103, of the Revised Rules of Court, Section 2
Contents of the Petition, states that: A petition for
change of name shall be signed and verified by the person
desiring his name changed, or some other person on his
behalf, and shall set forth:
• (a) That the petitioner has been a bona fide resident of
the province where the petition is filed for at least three
(3) years prior to the date of such filing;
• (b) The cause for which the change of the petitioner's
name is sought;
• (c) The name asked for.
Contents of Petition for Change of
Name
• In the same vein, Under Rule 103, Section 2 and settled
jurisprudence dictates that the title for the petition for
change of name shall include, the following:
• The Applicant’s real name;
• If any, his aliases or other names;
• The name sought to be adopted even if the data is already
found in the body of the petition.
Contents of Petition for Change of
Name
• Under the Publication Requirement, the following
information must be stated/declared:
• Name or Names of the Applicant;
• The cause/s for the change of name;
• The new name being applied for
• Nota Bene: Non-confirmity with the stated contents and
procedure shall be a ground for a jurisdictional infirmity.
Reasons for the stringent procedures for
the petition for the change of name
• Change of name is imbued and a matter of public
interest:
• It is absolute, intended to protect an individual from
being confused with others.