SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108 AND RA 9048

DIFFERENCES UNDER RULE 103, R.A. NO. 9048 AND RULE 108 DIFFERENCES UNDER RULE 103, R.A. NO. 9048 AND RULE 108

SUMMAR

SUMMARY OF DISTINCTIONS

Y OF DISTINCTIONS BETWEEN RULE 103, RULE 108

BETWEEN RULE 103, RULE 108

AND RA 9048

AND RA 9048

Rule 103

Rule 103 Rule 108Rule 108 RA 9048RA 9048

Name ! La"

Name ! La" Change of NameChange of Name

Cancellation or Correction Cancellation or Correction

of 

of  _{Clerical Error LawClerical Error Law} Entries in the Civil

Entries in the Civil RegistrRegistryy Change of full name

Change of full name (Substantial  (Substantial 

Change or correction in the Change or correction in the

civil civil

Change of rst name and Change of rst name and

nickname nickname Su#$e%&

Su#$e%& Ma&&e'

Ma&&e' registryregistry (Substantial (Substantial 

and civil entries

and civil entries (only (only  typographical  typographical  corrections)

corrections)

c

coorrrreeccttiioonnss)) oor r CClleerriiccaal l eerrrroorrss)) Any person interested in

Any person interested in any act,

any act,

event, order or decree event, order or decree

Any person having direct Any person having direct

and and W( ma) F*le

W( ma) F*le

A person desiring to change A person desiring to change

his his

concerning the civil status concerning the civil status

of  of 

personal interest in the personal interest in the

correction of  correction of  name

name (Section 1)(Section 1) persons which has beenpersons which has been

a clerical

a clerical or typographical erroror typographical error in an

in an recorde

recorded in d in the civilthe civil register register

entry and!or change of rst entry and!or change of rst

name or name or (Section 1)

(Section 1) nicknamenickname (Section 3)(Section 3)

"

"## LoLocacal cl civivil il rregegisistrtry oy o$$ce ce of of  R%C of the province in which

R%C of the province in which

th th e

e city or municipality where thecity or municipality where the record being sought to be record being sought to be

corrected corrected petitioner resides for three

petitioner resides for three years

years

R%

R%C of C of City or City or provinceprovince where

where

or changed is kept or changed is kept +e,ue

+e,ue prior to ling, or, in the City of prior to ling, or, in the City of 

the corresponding civil the corresponding civil

registry registry

&

&## LLooccaal cl ciivviil rl reeggiissttrraar or of tf thhee '

'aanniillaa, , tto o tthhe e ((uuvveenniille e aanndd iis s llooccaatteedd _{place where the interested partyplace where the interested party} is

is )omestic Relations Court

)omestic Relations Court

presently residing or domiciled presently residing or domiciled *hilippine Consulates

*hilippine Consulates (Section(Section 3) 3) C,&e,&- !  C,&e,&- !  &(e &(e

A petition for change of name A petition for change of name

+a# %hat the

+a# %hat the petitioner haspetitioner has been

been

 %he petition s

 %he petition shall be in thall be in thehe form form .e&*&*,

.e&*&*,

shall be signed and veried shall be signed and veried

by the by the

a bona de resident of  a bona de resident of 

the the

of an a$davit, subscribed and of an a$davit, subscribed and

sworn sworn

Page

Page

of

of

perso

n desiring his name province where the petition is

to before any person authoried by

changed, or some other person on

led for at least three +-#

years the law to administer oaths %he his behalf, and shall set

forth.

prior to the date of such

ling/ a$davit shall set forth facts +b# %he cause for which the

necessary to establish the merits of 

+a# %hat the petitioner has been a

change of the petitioner0s

name the petition and shall show bona de resident of the

province is sought/

a$rmatively that the petitioner is

where the petition is led for at

+c# %he name asked for (Section

competent to testify to the matters

least three +-# years prior to

the 2)

stated %he petitioner shall state the

date of such ling/

particular erroneous entry or entries,

+b# %he cause for which

the which are sought to be corrected change of the petitioner0s

name is and!or the change sought to be sough

t/ made

+c# %he name asked for

(Section  %he petition shall be supported

2)

with the following documents. " A certied tru e machine copy of the certicate or of the page

of the registry book containing the

entry or entries sought to be corrected or

changed

& At least two +&# public or private

document

s showing the correct entry or entries upon which

the correction or change shall be based/ and

-

1ther 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

 %he petition and its supporting papers shall be led in three +-# copies to be distributed as

petitioner

(Section 5)

+a# when the name is ridiculous,

 %he petition for change of rst name

or nickname may be allowed in any dishonorabl e or e3tremely of the following cases. di$cult to write or pronounce/

+b# when the change results

as a "  %h e petitioner nds the rst name or nickname to be legal conse4uenc

e such as ridiculous, tainted with dishonor_or legitimation/

5pon good and valid grounds, e3tremely di$cult to write or

/'u-+c# when the change will

avoid the entries in the civil register pronounce confusio

n/

may be cancelled or

corrected & %he new rst name or +d# when

on

e has continuously (Section 2)

nickname has been

habituall y and continuously used by the

petitioner used

an

d been known since _{and he has been publicly known} by

childhood by a 6ilipino name, and

that by that rst name or nickname

was unaware of alien

parentage/ _{in the community.}

or +e# a sincere

desir e to

adop

t a _-  %h_{e change will avoid}

6ilipin o nam e to erase sign s of  _confusion

former alienage, all in good

faith (Section

 4) and without pre7udicing

anybody/

Page

and

+f# when the surname causes

embarrassment and there is no

showing that the desired

chang e of name was for a fraudulent purpose or that the change of  name would pre7udice public interest (RP vs. Coseten g-agpay  o! ". R. #o . 1$%4&'! ebruary 2! 211)

8ummary in nature if the correction is clerical or W(a& *, !   (udicial *roceeding +9earing is

typographical only Can be Administrative proceeding +1nly an

converted to an adversarial

'%ee*2 necessary# investigation may be c onducted# proceeding if there are

substantial changes and e:ect to

the status of an individual +9earing is necessary#

W(a& & F*le A signed and veried petition 6ile a veried petition for the 6ile an a$davit cancellation or correction of 

any entry

1nce a week for three At least once a week for two consecutive weeks in a

newspaper of  consecutive weeks in a

1nce a week for three

general circulation 6urthermore, the

newspaper of general circulation

N&*%e a consecutive weeks in a

petitioner shall submit a certication +notice of 

hearing#

u#l*%a&* newspaper of general from the appropriate law ;; hearing shall not be

conducted circulation +notice of hearing#

enforcement agencies that he has no

w!in -< days prior to election nor

pending case or no criminal record

w!in = months after last +publish the whole a$davit# publication of notice;;

in a conspicuous place provided for

that purpose for ten +"<# consecutive

days after he nds the petition and

its supporting documents su$cient

in form and substance a'&*%*a&

!'m

 %he Civil Registrar concerned is

made a party to the

proceedings  %he Civil Registrar or the Consul &(e

/e',me,&  %he 8olicitor 2eneral must be _{as respondent} notied by service of a copy of 

the

Page

petition

W(e'e &

Appeal the )ecision to the Court

Appeal the )ecision to the Court

Appeal decision to the %o the Civil of appeals, fteen +"># days

from of appeals, fteen +"># days

A33eal Register 2eneral +9ead of NC81#

receipt of 7udgment from receipt of 7udgment

*age 59 of 59