PETITION FOR CHANGE

OF NAMES
GROUP 2: BARCELONA, WINFLOR MARIE S.
 AGNES SOLANO TO
AGNES VILLANUEVA
• Agnes’ parents were never married. She was born out of
wedlock but she was acknowledged by her father reason why
the surname indicated in her birth certificate is the same as
that of her father. After some time, her parents separated, and
her father failed to take up his responsibilities, now even
denying her publicly. Rumors started spreading within the
community she lives in, and now bears great confusion to the
general public as to why the child bears a different surname
from her mother. Agnes, as a child, felt like an outcast due to
the difference in the surname with the family she lives with.
 PURPOSE

• Names are labels for one's identity. They facilitate social

interaction, including the allocation of rights and
determination of liabilities. It is for this reason that the State
has an interest in one's name. …Judicial permission for a
change of name aims to prevent fraud and to ensure a
record of the change by virtue of a court decree. (Republic vs.
Gallo, 2018)
 WHERE TO FILE

• Regional Trial Court of the province in which he resides, or in

the City of Manila, to the Juvenile and Domestic Relations
Court
 GROUNDS UNDER RULE 103

• A person can effect a change of name under Rule 103 using

valid and meritorious grounds including:

a) when the name is ridiculous, dishonorable or extremely difficult to

write or pronounce;
b) when the change results as a legal consequence such as legitimation;
c) when the change will avoid confusion;
d) when one has continuously used and been known since childhood by
a Filipino name, and was unaware of alien parentage;
e) a sincere desire to adopt a Filipino name to erase signs of former
alienage, all in good faith and without prejudicing anybody; and
f) 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.
FORM AND CONTENT 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
 ORDER FOR HEARING

• If petition filed is sufficient in form and substance, the court,

by an order reciting the purpose of the petition, shall fix a date
and place for the hearing thereof.
• 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 4 month after the last publication
of the notice.
 EFFECTS OF NON-COMPLIANCE

• Sections 2 (contents of petition) and 3 (order for hearing),

Rule 103 of the Rules of Court prescribe the procedural and
jurisdictional requirements for a change of name.

• Noncompliance with these requirements would be fatal to the

jurisdiction of the lower court to hear and determine a petition
for change of name.
 EFFECTS OF GRANT OF PETITION

• That such name be changed in accordance with the prayer of

the petition;

• Judgments or orders 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.
 RA 9048, AS AMENDED

• 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.
WHAT CORRECTIONS CAN BE MADE

• 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.

• Change of a person's first name in his/her civil registry

document under certain grounds specified under the law
through administrative process.
• (1) The petitioner finds the first name or nickname to be ridiculous,
tainted with dishonor or extremely difficult to write or pronounce; (2)
The new first name or nickname has been habitually and continuously
used by the petitioner and he has been publicly known by that first
name or nickname in the community; or, (3) The change will avoid
confusion.
 WHO MAY FILE THE PETITION

• By a person of legal age who must have a direct and

personal interest in the correction of the error or in the
change of first name in the civil register

• Only the following persons are considered to have a direct and

personal interest in the correction of clerical error or change of
first name:
• 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, or any other person duly authorized by law or by the
owner of the document sought to be corrected
FORM AND CONTENT OF THE PETITION

• 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.
• Basically, the petition must contain the following facts or
information:
• Merits of the petition
• Competency of the petitioner
• Erroneous entry to be corrected and proposed correction; first name
to be changed and the proposed new first name
 SUPPORTING PAPERS

• As in the case of correction of clerical error, no petition for change of

first name shall be accepted unless the petitioner submits the required
supporting papers, as follows:

• Certified machine copy of the certificate containing the alleged erroneous entry or
entries
• Not less than 2 public or private documents upon which the correction shall be
based.
• Notice and Certificate of Posting
• Certified machine copy of the Official Receipt of the filing fee
• Other documents as may be required by the City/Municipal Civil Registrar
(C/MCR)
• Clearance from authorities such as clearance from employer, if employed; the
National Bureau of Investigation; the Philippine National Police; and other
clearances as may be required by the concerned C/MCR.
• Proof of Publication – an affidavit of publication from the publisher and copy of the
newspaper clippings should be attached.
 WHERE TO FILE THE PETITION

• The general rule is that petition shall be filed with the Local
Civil Registry Office (LCRO) where the record containing
the clerical error to be corrected or first name to be changed is
kept.
• However, in case the petitioner is a migrant within or outside
the Philippines, meaning his present residence or domicile is
different from where his civil registry record or records are
registered, he may file the petition in the nearest LCRO in his
area. His petition will be treated as a migrant petition.
 PETITION FOR
CORRECTION OF ENTRIES
GROUP 2: BARCELONA, WINFLOR MARIE S.
 HARI’S DATE OF BIRTH

• Hari Quezon was born on 1991, and he celebrates his birthday

every January 20. He just graduated recently and he requested
that instead of any gift, he be allowed to travel on his own. He
checked the requirements for the application of a passport, and
among these is a birth certificate. To his surprise, when he
secured his birth certificate the date of his birth in it is a year
older, i.e., January 30, 1990, making all his other IDs
inconsistent with such.
SCOPE & GROUND UNDER RULE 108

• Correction of substantial error or i) Acknowledgments of natural

cancellation of entries in the Civil children
Registry

• Entries subject to cancellation or

correction, upon good and valid
grounds:
a) births
b) marriage j) Naturalization
c) deaths k) Election, loss or recovery of
d) Legal separations citizenship
e) Judgments of annulments of l) Civil interdiction
marriage m) Judicial determination of filiation
f) Judgments declaring marriages void n) Voluntary emancipation of a minor
from the beginning o) Changes of name
g) Legitimations
 WHO MAY FILE THE PETITION &
WHERE TO FILE
• Any person interested in any act, event, order or decree
concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for
the cancellation or correction of any entry relating thereto,
with the Court of First Instance (now, Regional Trial Court)
of the province where the corresponding civil registry is
located.
 APPLICATION OF THE RULE

The civil registrar and all persons who have or claim any interest which
would be affected thereby shall be made parties to the proceeding.

Upon the filing of the petition, the court shall order the hearing of the
same, and cause reasonable notice thereof to be given to the persons
named in the petition. The court shall also cause the order to be published
once a week for three (3) consecutive weeks in a newspaper of general
circulation in the province.

Opposition may be filed within fifteen (15) days from notice of the
petition, or from the last date of publication of such notice.

The court may either dismiss the petition or issue an order granting the
cancellation or correction prayed for. In either case, a certified copy of the
judgment shall be served upon the civil registrar concerned who shall
annotated the same in his record.