ArticuLaw Primo
LSPU-LAW STAR CLASS
Rule 103
CHANGE OF NAME
Prepared by: Decemar Escalante
Section 1. A person desiring to change his name shall present the petition to the Regional Trial Court of the province in which he resides.
Question: Who may file petition for a change of name?
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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 in the civil registrar (RAs 9048 and 10172);
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Or some other person in his behalf; and
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Alien domiciled in the Philippines.
Question: Where to file?
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In Adoption Cases, Parental Authority and Change of Date of Birth’s Year shall file the petition at the Regional Trial Court of the province in which he resides;
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The Clerical or Typographical Error shall file the petition at the Office of City/Municipal Registrar; and
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At the nearest Philippine Consulate.
No Need for Change of Name by Married Woman
Despite the cessation of the married of a woman for whatever cause, the true and real name of such woman may continue to use. The use of the husband’s surname is merely permissive which the wife may and continue to use except in case legal separation.
There is no requirement for the continued use of a surname which a person had already been using since childhood.
The Legal Significance of a Person’s Name
- It is absolute, intended to protect the individual from being confused with others;
- It is obligatory in certain respects, for nobody can be without a name;
- It is fixed unchangeable, or immutable, at least at the start, and may be changed only for good cause and by judicial proceedings;
- It is outside the commerce of men, and, therefore, inalienable and intransmissible by act inter vivos or mortis causa; and
- It is imprescriptible
Section 2. Contents of Petition
The rule does not even require that the citizenship of the petitioner be stated in the petition or some other person in his behalf. It is enough that the petitioner set forth that:
A. The petitioner has been bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of filing;
B. The cause for which the change of the petitioner’s name is sought; and
C. The name asked for.
Strict compliance with the requirements
- The petition for change of name shall be signed and verified;
- The pleadings is filed in good faith. It is simply intended to secure an assurance that what are alleged in the pleadings are true and correct and not the product of the imagination or a matter of speculation.
The requirement verification of the pleading is a formal, not a jurisdictional requisite.
The Jurisdictional Requirements
Verified petition should be published for three (3) successive weeks in newspaper of general circulation in the province; and both the title and caption of the petition and its body shall recite the:
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the name or names of the applicant;
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cause for which the change of name is sought; and
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the new name ask for.
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Some Valid Grounds for Change of Name
As a general rule, the change of name should not be permitted if it will give a false impression of family relationship to another where none actually exists
- When a name is ridiculous, dishonorable or extremely difficult to write or pronounce;
- When the change results as a legal consequence, as in legitimation;
- When the change will avoid confusion;
- Having continuously used and 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 former alienage.
Section 3. Order of Hearing
If the petition filed is sufficient in form and substance:
- The court shall fix a date and place for the hearing which shall not be within 30 days prior to the election nor within 4 months after the last publication of the notice
- The court shall direct the copy of 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
Section 4. Hearing
Who are permitted to appear at the hearing:
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Any interested person and oppose the petition: and
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Solicitor General, or the proper individual or the Prosecutor in behalf of the government;
Section 5. Judgment
Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegation of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge such name be changed in accordance with the prayer of the petition
Section 6. Service of Judgment
The judgment rendered 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.