STATUTORY BASIS: Article 376 of the Civil Code which provides that “[n]o person can change his
name and surname without judicial authority.”
JURISDICTION & VENUE: With the Regional Trial Court of the place where the petitioner resides. An alien may file a petition for change of name provided he is domiciled in the Philippines. (Ong Huan Tin v. Republic, G.R. No. L-20997, 27 April 1967).
Jurists Spec Pro Pointers 2015. All rights reserved 2015 by Jurists Review Center, Inc. Unauthorized reproduction, use, or dissemination strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant Supreme Court.
Pointers in Special Proceedings by Prof. Manuel R. Riguera for Jurists Bar Review Center 32 A mother cannot file a petition for change of name in behalf of her minor daughter. The petition should be filed by the daughter herself when she reaches the age of majority. The decision to change one’s name is a personal one. (Republic v. Marcos, G.R. No. 31065, 15 February 1990).
NAME THAT MAY BE CHANGED UNDER R103. R103 covers principally the change of surname and middle name. For change of first name and/or nickname, the governing law is R.A. No. 9048 which authorizes the local civil registrar or the consul general to effect such change.
ADMINISTRATIVE CHANGE OF FIRST NAME/NICKNAME: The general rule is that a change of name may only be effected by a judicial order. (Article 412, Civil Code). However under R.A. No. 9048 (approved 22 March 2001), a change of first name or nickname may be done administratively under the procedure set forth therein.
CHANGE OF NAME CF. CORRECTION OF ENTRY OF NAME: In order to differentiate change of name from correction of entry of name, it must be understood that the real or official name of a person is that which is given in the civil register, not the name by which he was baptized in his church or by which he has been known in the community. (San Roque v. Republic, G.R. L-22035, 30 April 1968). Hence any petition which seeks to change the name recorded in the civil registry is a petition for change of name governed by R103. However mere correction of typographical or clerical errors in the entry of the name which are obvious to the understanding are governed by R108.
If what a petitioner seeks to do is simply to correct a typographical or clerical error in the entry of her name, then the procedure to be followed is Rule 108 and not Rule 103. On the other hand, Rule 103 is based on change of name which is not simply a correction of a typographical or clerical error, as where the name is dishonorable or is indicative of former alienage. Here the correction of a patently misspelled name (Marilyn to Merlyn) is proper under Rule 108. The RTC did not allow Mercadera to change her name. What it did allow was the correction of her misspelled given name which she has been using ever since she could remember. (Republic v. Mercadera, G.R. No. 186027, 8 December 2010).
Examples of clerical or typographical errors in name whose correction is proper under R108. 1. To change first name of “Sincio” to “Sencio.”
2. “Beatriz Labayo/Beatriz Labayu” to “Emperatriz Labayo.”
3. “Midael C. Mazon” to “Michael C. Mazon.” (Republic v. Mercadera, supra). The following are valid grounds for a change of name (DR DACUL):
a) When the name is ridiculous, dishonorable, or extremely difficult to write or pronounce; b) When the change results as a legal consequence, as in legitimation;
c) When the change will avoid confusion;
d) When the petitioner has been using a name for school purposes and his school records are in such name, then his name in the civil registry may be changed to the name that he has been using in school;
e) A sincere desire to adopt a Filipino name to erase signs of former alienage.
The above grounds are not exclusive. The matter of whether to grant a petition for change of name is left to the sound discretion of the court. The petition should be granted where there is proper and reasonable cause and where there is no showing that the petition was motivated by fraudulent intent or that the change of surname will prejudice public interest. (Oshita v. Republic, G.R. No. L-21180, 31 March 1967).
Q Is the Singaporean practice of not carrying a middle name enough to justify a child born of a
Singaporean father and a Filipino mother, but whose birth was registered in the Philippines, to change his name by dropping the middle name (surname of the mother)?
A No. To justify a change of middle name, the petitioner must not only show proper and
compelling reason therefor but also that he will be prejudiced by the use of his true name. Convenience for the child shall not suffice. (In Re Petition for Change of Name and/or Correction of Entry in the Civil Registry of Julian Lin Carulasan Wang, 30 March 2005)
Jurists Spec Pro Pointers 2015. All rights reserved 2015 by Jurists Review Center, Inc. Unauthorized reproduction, use, or dissemination strictly prohibited and shall be prosecuted to the full extent of the law, including administrative complaints with the Office of the Bar Confidant Supreme Court.
Pointers in Special Proceedings by Prof. Manuel R. Riguera for Jurists Bar Review Center 33 Unlike Rule 108, the local civil registrar need not be impleaded in a petition for change of name. However a copy of the judgment or order shall be furnished the civil registrar of the city or municipality where the court issuing the same is situated, who shall forthwith enter the same in the civil register. (S6 R103).
RULE 108. CANCELLATION OR CORRECTION