Change of name

by: John Richard A. Delos Reyes

What is a name?
For all practical and legal purposes, a man's name is:

 The designation by which he is known and called in the community in

which he lives and is best known.

 It is defined as the word or combination of words by which a person is

distinguished from other individuals and, also, as the label or appellation
which he bears for the convenience of the world at large addressing him,
or in speaking of or dealing with him.

 Names are used merely as one method of indicating the identity of

persons; they are descriptive of persons for identification. (Wang vs. Cebu
City Civil Registrar)
What consists a name?

The names of individuals usually have two parts:

• the given name or proper name – is that which is given to the individual at
birth or baptism, to distinguish him from other individuals.
• the surname or family name – is the name or family name is that which
identifies the family to which he belongs and is continued from parent to
child.

Note: The given name may be freely selected by the parents for the child; but
the surname to which the child is entitled is fixed by law. (Wang vs. Cebu City
Civil Registrar)
What are the characteristics of a name?

(1) It is absolute, intended to protect the individual from being confused with
others.
(2) It is obligatory in certain respects, for nobody can be without a name.
(3) It is fixed, unchangeable, or immutable, at least at the start, and may be
changed only for good.
(4) It is outside the commerce of man, and, therefore, inalienable and
intransmissible by act inter vivos or mortis causa.
(5) It is imprescriptible.
Related Provisions
 The Family Code of the Philippines
Article 174
Legitimate children shall have the right to bear the surnames of the father and
the mother, in conformity with the provisions of the Civil Code on Surnames.

Article 176
Illegitimate children shall use the surname and shall be under the parental
authority of their mother, and shall be entitled to support in conformity with this
Code.
Article 189
For civil purposes, the adopted shall be deemed to be a legitimate child of
the adopters and both shall acquire the reciprocal rights and obligations
arising from the relationship of parent and child, including the right of the
adopted to use the surname of the adopters.

Article 193
Judicial rescission of the adoption shall extinguish all reciprocal rights and
obligations between the adopters and the adopted arising from the
relationship of parent and child. The adopted shall likewise lose the right to use
the surnames of the adopters and shall resume his surname prior to the
adoption.
 Civil Code of the Philippines

Article 364
Legitimate and legitimated children shall principally use the surname of the
father.

Article 365
An adopted child shall bear the surname of the adopter.

Article 366
A natural child acknowledged by both parents shall principally use the
surname of the father. If recognized by only one of the parents, a natural child
shall employ the surname of the recognizing parent.
Article 367
Natural children by legal fiction shall principally employ the surname of the
father.

Article 368
Illegitimate children referred to in Article 287 shall bear the surname of the
mother.

Article 369
Children conceived before the decree annulling a voidable marriage shall
principally use the surname of the father.
Article 370. A married woman may use:

(1) Her maiden first name and surname and add her husband's surname, or

(2) Her maiden first name and her husband's surname or

(3) Her husband's full name, but prefixing a word indicating that she is his wife,
such as "Mrs."
Art. 371. In case of annulment of marriage, and the wife is the guilty party, she
shall resume her maiden name and surname. If she is the innocent spouse, she
may resume her maiden name and surname. However, she may choose to
continue employing her former husband's surname, unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to another person.

Art. 372. When legal separation has been granted, the wife shall continue
using her name and surname employed before the legal separation.

Art. 373. A widow may use the deceased husband's surname as though he
were still living, in accordance with Article 370.
Art. 374. In case of identity of names and surnames, the younger person shall
be obliged to use such additional name or surname as will avoid confusion.

Art. 375. In case of identity of names and surnames between ascendants and
descendants, the word "Junior" can be used only by a son. Grandsons and
other direct male descendants shall either:

(1) Add a middle name or the mother's surname, or

(2) Add the Roman Numerals II, III, and so on.

Art. 376. No person can change his name or surname without judicial
authority. (amended by R.A. 9048)
Change of name under
Republic Act 9048
WHAT IS REPUBLIC ACT 9048?

Republic Act (RA) 9048 authorizes the city or municipal civil registrar or the
consul general to correct a clerical or typographical error in an entry and/or
change the first name or nickname in the civil register without need of a
judicial order.

RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines,
which prohibit the change of name or surname of a person, or any correction
or change of entry in a civil register without a judicial order.
Definition of terms:

"City or Municipal civil registrar" refers to the head of the local civil registry
office of the city or municipality, as the case may be, who is appointed as
such by the city or municipal mayor in accordance with the provisions of
existing laws.

"Petitioner" refers to a natural person filing the petition and who has direct and
personal interest in the correction of a clerical or typographical error in an
entry or change of first name or nickname in the civil register.
"Clerical or typographical error" refers to a mistake committed in the
performance of clerical work in writing, copying, transcribing or typing an entry
in the civil register that is harmless and innocuous, such as misspelled name or
misspelled place of birth or the like, which is visible to the eyes or obvious to
the understanding, and can be corrected or changed only by reference to
other existing record or records: Provided, however, That no correction must
involve the change of nationality, age, status or sex of the petitioner.

"Civil Register" refers to the various registry books and related certificates and
documents kept in the archives of the local civil registry offices, Philippine
Consulates and of the Office of the Civil Registrar General.
"Civil registrar general" refers to the Administrator of the National Statistics
Office which is the agency mandated to carry out and administer the
provision of laws on civil registration.

"First name" refers to a name or nickname given to a person which may consist
of one or more names in addition to the middle and last names.
WHAT CORRECTIONS CAN BE MADE BY RA 9048?

RA 9048 allows the correction of clerical or typographical errors in any entry in

civil registry documents, except corrections involving the change in sex, age,
nationality and status of a person.

(A clerical or typographical error refers to an obvious mistake committed in

clerical work, either in writing, copying, transcribing, or typing an entry in the
civil register that is harmless and innocuous, such as a misspelled name or
misspelled place of birth and the like, and can be corrected or changed only
by reference to other existing record or records.)
What are the grounds for change of first
name or nickname?

o The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
o The new first name or nickname has been habitually and continuously used
by the petitioner and he has been publicly known by that by that first name
or nickname in the community: or
o The change will avoid confusion.
Who May File the Petition
Any person having direct and personal interest in the correction of a clerical or
typographical error in an entry and/or change of first name or nickname may
file it.

Note: Persons having direct and personal interest include owner of the record
that contains the error to be corrected or first name to be changed, owner's
spouse, children, parents, brothers, sisters, grandparents, guardian.
Where it should be filed?
It should be filed in the local civil registry office of the city or
municipality where the record being sought to be corrected or
changed is kept.
Exceptions:
o In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of
transportation expenses, time and effort to appear in person before
the local civil registrar keeping the documents to be corrected or
changed, the petition may be filed, in person, with the local civil
registrar of the place where the interested party is presently residing
or domiciled.
Note: The two (2) local civil registrars concerned will then
communicate to facilitate the processing of the petition.
o Citizens of the Philippines who are presently residing or domiciled in
foreign countries may file their petition, in person, with the nearest
Philippine Consulates.
Can the petition be availed several
times?

No. Republic Act 9048 provides that all petitions for the clerical or
typographical errors and/or change of first names or nicknames may
be availed of only once.
What should be the FORM of the petition?

The petition, whether it is for correction of clerical error or for a change

of first name, should be accomplished properly and in the prescribed
form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S.
2001 require that the petition should be in the form of an affidavit,
hence, it should be subscribed and sworn to before a person
authorized to administer oath.
What should be the content of the
petition?
The petition must contain the following facts or information:

o Merits of the petition

o Competency of the petitioner
o Erroneous entry to be corrected and proposed correction; first name to be
changed and the proposed new first name
What are the supporting documents
required?
o A certified true machine copy of the certificate or of the page of the
registry book containing the entry or entries sought to be corrected or
changed.
o At least two (2) public or private documents showing the correct entry or
entries upon which the correction or change shall be based;
Note: Examples of these documents are the following: baptismal
certificate, voter's affidavit, employment record, GSIS/SSS record, medical
record, school record, business record, driver's license, insurance, land
titles, certificate of land transfer, bank passbook, NBI/police clearance,
civil registry records of ascendants, and others.
o 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.
Is there any required publication?

Yes. The petition shall be published at least once a week for two (2)
consecutive weeks in a newspaper of general circulation.
The petition and its supporting papers shall be filed in three (3) copies to be
distributed as follows: first copy to the concerned city or municipal civil
registrar, or the consul general; second copy to the Office of the Civil Registrar
General; and third copy to the petitioner.

Note: The petitioner shall submit a certification from the appropriate law
enforcement agencies that he has no pending case or no criminal record.
What are the duties of the City or Municipal Civil
Registrar or the Consul General?

The city or municipal civil registrar or the consul general to whom the petition is
presented shall examine the petition and its supporting documents. He shall
post the petition in a conspicuous place provided for that purpose for ten (10)
consecutive days after he finds the petition and its supporting documents
sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the
petition and shall render a decision not later than five (5) working days after
the completion of the posting and/or publication requirement. He shall
transmit a copy of his decision together with the records of the proceedings to
the Office of the Civil Registrar General within five (5) working days from the
date of the decision.
What are the Duties and Powers of the Civil
Registrar General?

The civil registrar general shall, within ten (10) working days from receipt of the
decision granting a petition, exercise the power to impugn such decision by
way of an objection based on the following grounds:

o The error is not clerical or typographical;

o The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
o The basis used in changing the first name or nickname of a person does not
fall on the grounds abovementioned.
What is required to be done by the Civil Registrar
General should it grant the petition?

The civil registrar general shall immediately notify the city or municipal
civil registrar or the consul general of the action taken on the decision.
Upon receipt of the notice thereof, the city or municipal civil registrar
or the consul general shall notify the petitioner of such action.
Is there any remedy for the denial of the petition
before the City or Municipal Civil Registrar or the
Consul General?

Yes. The petitioner may seek reconsideration with the civil registrar general or
file the appropriate petition with the proper court.
What are the required filing fees?
The City or Municipal Civil Registrar or the Consul General are authorized to collect
from every petitioner the following rates of filing fees:

One thousand pesos (P1,000.00) for the correction of clerical erro

Three thousand pesos (P3,000.00) for the change of first name

In the case of a petition filed with the Consul General (CG), the fees are the same
for all Philippine Consulates. The fees are the following:

Fifty U.S. dollars ($50.00) for the correction of clerical or typographical error
One hundred fifty U.S. dollars ($150.00) for the change of first name

A migrant petitioner shall pay an additional service fee to the Petition Receiving
Civil Registrar (PRCR).
Is there any exception with the payment of
filing fees?

Yes. An indigent petitioner shall be exempt from

the payment of the said fee.
Change of Name under
Rule 103 of
Rules of Court
 What is the proper venue of the
petition?
A person desiring to change his name shall
present the petition to the:
o if residing in a province – Court of First
Instance of the province in which he resides,
or,
o if residing in City of Manila - to the Juvenile
and Domestic Relations Court. (Sec. 1)
What are the grounds thereof?
The grounds for filing the petition for change of name under
Rule 103 are the following:
 when the name is ridiculous, tainted with dishonor, or is
extremely difficult to write or pronounce;
 when the request for change is a consequence of a
change of status, such as when a natural child is
acknowledged or legitimated; and
 when the change is necessary to avoid confusion,
 having continuously used and had been known since
childhood by a Filipino name, unaware of her alien
parentage;
 a sincere desire to adopt a Filipino name to erase signs of
a former alienage, al in good faith and without prejudicing
surname causes embarrassment and here is no showing the
desired change of name was for a fraudulent purpose or that
it would prejudice public interest. (Wang vs. Cebu City Civil
Registrar)
 What are the contents of the petition?

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. (Sec. 2)
 What is the required notice and
hearing?
If the petition filed is sufficient in form and substance, the
court, by an order reciting the purpose of the petition,
shall:
o fix a date and place for the hearing thereof, and
o direct that a copy of the order be published before the
hearing at least once a week for three (3) successive
weeks in some newspaper of general circulation
published in the province, as the court shall deem best.

Note: The date set for the hearing shall not be within
thirty (30) days prior to an election nor within four (4)
month after the last publication of the notice. (Sec. 3)
Is publication of a petition for change
of name mandatory?

Yes, strict compliance is required, as it is a

proceeding in rem. It is only by way of
publication that the court acquires
jurisdiction over the subject matter. (Tan
vs. Republic)
Who may oppose the petition?

Any interested person may appear at the

hearing and oppose the petition. The
Solicitor General or the proper provincial
or city fiscal shall appear on behalf of the
Government of the Republic. (Sec. 4)
What is mandated to be done by the court
after all requirements have been complied
by the petitioner?
Upon satisfactory proof in open court on the date fixed
in the order that such order has been published as
directed and that the allegations of the petition are true,
the court shall, if proper and reasonable cause appears
for changing the name of the petitioner, adjudge that
such name be changed in accordance with the prayer
of the petition. (Sec. 5)
Who are the parties required to be
furnished with the copy of judgment?

Judgments or orders rendered in

connection with this rule shall be furnished
the civil registrar of the municipality or city
where the court issuing the same is
situated, who shall forthwith enter the
same in the civil register.
 Comparative chart: Rule 103 and R.A.
9048
Rule 103 R.A. 9048

Title Change of name Correct a clerical or

typographical error in an entry
and/or change of first name or
nickname
Nature Adversarial; Summary;
Judicial; Administrative; No judicial order
Substantial change necessary

Who may Any person desiring to Any person having direct and
file change his name personal interest in the
correction of a clerical or
typographical error
 Rule 103 R.A. 9048

Subject matter  First name,  clerical or typographical

 nickname, errors and
 middle name,  change of first name or
 surname nickname

Contents of a) That the petitioner has
petition been a bona fide resident
of the province where the
petition is filed for at least 3
years prior to the date of
such filing;
b) The cause for which
the change of the
petitioner's name is sought;
c) The name asked for.
The affidavit shall set forth
i) facts necessary to establish
the merits of the petition and
ii) shall show affirmatively that
the petitioner is competent to
testify to the matters stated.
iii) The petitioner shall state the
particular erroneous entry or
entries, which are sought to
be corrected and/or the
change sought to be made.
 Rule 103 R.A. 9048

Form A petition for change of The verified petition shall be

name shall in the form of an affidavit,
be signed and verified by subscribed and sworn to
the person desiring his name before any person authorized
changed, or some other by the law to administer
person on his behalf. oaths.
Notice and Court shall direct that a No requirement.
Publication copy of the order be
published before the
hearing at least once a
week for 3 successive weeks
in some newspaper of
general circulation
published in the province, as
the court shall deem best.
 Rule 103 R.A. 9048

 with the local civil registry

Venue  RTC of the province in office of the city or municipality
which he resides, or, where the record being sought
 in the City of Manila, to to be corrected or changed is
the Juvenile and kept.
 In case the petitioner has
Domestic Relations
already migrated to another
Court. place in the country - the
petition may be filed, in person,
with the local civil registrar of
the place where the interested
party is presently residing or
domiciled.
 Citizens of the Philippines who
are presently residing or
domiciled in foreign countries
may file their petition, in person,
with the nearest Philippine
Consulates.
 Rule 103 R.A. 9048

Grounds 1) when the name is ridiculous, 1. The petitioner finds the

tainted with dishonor, or is extremely first name or nickname to be
difficult to write or pronounce;
2) when the request for change is
ridiculous, tainted with dishonor
a consequence of a change of or extremely difficult to write or
status, such as when a natural child is pronounce.
acknowledged or legitimated; and 2. The new first name or
3) when the change is necessary nickname has been habitually
to avoid confusion,
4) having continuously used and
and continuously used by the
had been known since childhood by petitioner and he has been
a Filipino name, unaware of her alien publicly known by that by that
parentage; first name or nickname in the
5) a sincere desire to adopt a community: or
Filipino name to erase signs of a
former alienage, al in good faith and
3. The change will avoid
without prejudicing surname causes confusion.
embarrassment and here is no
showing the desired change of
name was for a fraudulent purpose
or that it would prejudice public
interest.
Related Jurisprudence
May a legitimate child of a mother who
marries another man after her husband’s
death change her surname to adopt the
surname of the stepfather?
No. Apply the ruling in the case of Republic vs. Court of
Appeals and Cynthia Vicencio

The touchstone for the grant of a change of name is that

there be proper and reasonable cause for which the
change is sought. A legitimate child generally bears the
surname of his or her father. It must be stressed that a
change of name is a privilege, not a matter of right,
addressed to the sound discretion of the court, which has
the duty to consider carefully the consequences of a
change of name and to deny the same unless weighty
reasons are shown.
“Confusion indeed might arise with regard to private respondents parentage
because of her surname. But even, more confusion with grave legal
consequences could arise if we allow private respondent to bear her step-
fathers surname, even if she is not legally adopted by him. Indeed, if a child
born out of a lawful wedlock be allowed to bear the surname of the second
husband of the mother, should the first husband die or be separated by a
decree of divorce, there may result a confusion as to his real paternity. In the
long run the change may redound to the prejudice of the child in the
community.”

“Private respondent, might sincerely wish to be in a position similar to that of

her step-fathers legitimate children, a plausible reason the petition for change
of name was filed in the first place. Moreover, it is laudable that Ernesto Yu has
treated Cynthia as his very own daughter, providing for all her needs as a
father would his own flesh and blood. However, legal constraints lead us to
reject private respondents desire to use her stepfathers surname. Further, there
is no assurance the end result would not be even more detrimental to her
person, for instead of bringing a stop to questions, the very change of name, if
granted, could trigger much deeper inquiries regarding her parentage.”
(Republic vs. Court of Appeals)
Can the adopter, in a petition for
adoption, seek for a change of the
first name of the adoptee?
No.

Article 189 of the Family Code allows the adoptee, as a matter of right
and obligation, to bear the surname of the adopter, upon issuance of the
decree of adoption. It is the change of the adoptees surname which is the
natural and necessary consequence of a grant of adoption and must
specifically be contained in the order of the court, in fact, even if not
prayed for by petitioner.
However, the given or proper name, also known as
the first or Christian name, of the adoptee must remain as it was originally
registered in the civil register. The creation of an adoptive relationship
does not confer upon the adopter a license to change the adoptees
registered Christian or first name. The automatic change thereof, premised
solely upon the adoption thus granted, is beyond the purview of a decree
of adoption. Neither is it a mere incident in nor an adjunct of an adoption
proceeding, such that a prayer therefor furtively inserted in a petition for
adoption, cannot properly be granted.
Further, as correctly argued by the OSG, a petition for
adoption and a petition for change of name are two
special proceedings which, in substance and purpose, are
different from and are not related to each other, being
respectively governed by distinct sets of law and rules. In
order to be entitled to both reliefs, namely, a decree of
adoption and an authority to change the given or proper
name of the adoptee, the respective proceedings for
each must be instituted separately, and the substantive
and procedural requirements therefor under Articles 183 to
193 of the Family Code in relation to Rule 99 of the Rules of
Court for adoption, and Articles 364 to 380 of the Civil
Code in relation to Rule 103 of the Rules of Court for
change of name, must correspondingly be complied with.
(Republic vs. Jose Hernandez)
Does the law allow one to drop the
middle name from his registered
name?
The answer in in negative.
In the case of Wang vs. Cebu City Civil Registrar, the Court ruled
that middle names serve to identify the maternal lineage or
filiation of a person as well as further distinguish him from others
who may have the same given name and surname as he has.
Our laws on the use of surnames state that legitimate and
legitimated children shall principally use the surname of the
father. An illegitimate child whose filiation is not recognized by
the father bears only a given name and his mothers surname,
and does not have a middle name. The name of the
unrecognized illegitimate child therefore identifies him as such. It
is only when the illegitimate child is legitimated by the
subsequent marriage of his parents or acknowledged by the
father in a public document or private handwritten instrument
that he bears both his mothers surname as his middle name and
his fathers surname as his surname, reflecting his status as a
legitimated child or an acknowledged illegitimate child.
Accordingly, the registration in the civil
registry of the birth of such individuals
requires that the middle name be indicated
in the certificate. The registered name of a
legitimate, legitimated and recognized
illegitimate child thus contains a given or
proper name, a middle name, and a
surname.
Republic vs. Coseteng-Magpayo
The End. Thank you!