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Attorneys of the Philippines Legal News

Welcome to our legal news pages. Here is where we provide updates about what's happening in Philippines legal news, and publish helpful articles and tips for Pinoys researching legal matters.

Changing A Minor's Surname According To The Law

No one can predict what the future will bring for couples. Even when you are compatible, there are still some circumstances that will tear you apart. Even when love bears children, they are the ones who suffer when things go wrong. It is not just a simple battle of custody and support. 

When pride and ego get in the way, there is more to separation than just coming to an agreement. Making sure that nothing and no one will remind you of your ex is part of the moving on process. This is why, some single moms prefer to have their children use their surname instead. 

Unfortunately, it is not an easy process. In fact, it takes more than a simple affidavit to grant such a request. Under Article 376 of the Civil Code, changing one's surname should have judicial authority.

Republic Act No. 9048 provides detailed information about the correct process of filing a petition. 

Section 3. Who May File the Petition and Where. – 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 register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

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. The two (2) local civil registrars concerned will then communicate to facilitate the processing of the petition.

Citizens of the Philippines who are presently residing or domiciled in foreign countries may file their petition, in person, with the nearest Philippine Consulates.

The petitions filed with the city or municipal civil registrar or the consul general shall be processed in accordance with this Act and its implementing rules and regulations.

All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once.

Section 4. Grounds for Change of First Name or Nickname. – The petition for change of first name or nickname may be allowed in any of the following cases:

(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 by that first name or nickname in the community: or

(3) The change will avoid confusion.

The New Law In Correcting Typographical Or Clerical Errors In The Civil Registry

When it comes to correcting clerical or typographical errors in an entry in the Civil Registry, you have to go through long procedures that will even make a dent in your pocket. This problem with costly and tedious procedures have already been addressed by Republic Act. No. 9048. This act authored by Rep. Magtanggol Gunigundo is known as Clerical Error Law. This legislation allows you to correct typographical errors without court intervention. The law removes the burden of the old procedure in correcting clerical errors such as wrong spelling from marriage, birth and even death certificates.

Republic Act No. 9048

No entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.

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 register may file, in person, a verified petition with the local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept.

(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 by that first name or nickname in the community: or

(3) The change will avoid confusion.

The petition shall be supported with the following documents:

(1) 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.

(2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and

(3) 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.

When Your Name Becomes Your Bane: Change Of Name

Your name serves as a weapon of identification, but it can be a bane of one's existence if the surname sounds funny or change. Perhaps you were one of those people making fun of your classmate's surname when you were in grade school or you were one of the hapless victims of bullying because you were not "blessed" with a nice sounding surname. There is nothing new to this scenario. In fact, people who hear funny names will instantly laugh just because. Well, you do not have to endure the problem with your surname because you now have the option to change it.

Changing surnames is now covered by the Rules of Court of the Philippines Special Proceedings. However, you need to file a petition at the Court of First Instance. You should also have valid reasons for changing your name. For instance, if you are changing your name because it has been a subject to ridicule, you need to substantiate the claims. Having a witness is also encouraged when filing a petition as this reduces the chance of the petition being denied. The reason to change your name is also highlighted under Section 4 of the Republic Act No. 9048.

" SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first name or nickname may be allowed in any of the following cases:

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 by that first name or nickname in the community: or
3. The change will avoid confusion."

Rule 103 (Change of Name)

"A person can effect a change of name under Rule 103 (CHANGE OF NAME) 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.[17]  Respondent’s reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however."

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