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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
A person desiring to change his name shall file a petition to the Regional Trial Court of the city or province where he has been residing for at least three (3) years prior to the filing of the petition. (Section 1, Rule 103, Rules of Court)
“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.” – Republic of the Philippines v. Michelle Soriano Gallo (G.R. No. 207074, January 17, 2018)
Jurisprudence says:
“The name through which one is known is generally, however, not chosen by the individual who bears it. Rather, it is chosen by one’s parents, in this sense, the choice of one’s name is not a product of the exercise of autonomy of the individual to whom it refers.
In view of the State’s interest in names as markers of one’s identity, the law requires that these labels be registered. Understandably, in some cases, the names so registered or other aspects of one’s identity that pertain to one’s name are not reflected with accuracy in the Certificate of Live Birth filed with the civil registrar.
Changes to one’s name, therefore, can be the result of either one of two (2) motives. The first, as an exercise of one’s autonomy, is to change the appellation that one was given for various reasons. The other is not an exercise to change the label that was given to a person; it is simply to correct the date as it was recorded in the Civil Registry.”
The case of In the Matter of the Adoption of Stephanie Nathy Astorga Garcia (G.R. No. 148311, March 31, 2005) says:
“A man’s name is the designation by which he is known and called in the community in which he lives and is best known. It is defined as the word or combination of words by which a person is distinguished from the individuals and, also, as the label or appellation which he bears for the convenience of the world at large addressing him, or personal as well as public interest that every person must have a name.”
In the case of Republic of the Philippines v. Michelle Soriano Gallo (G.R. No. 207074, January 17, 2018), the Supreme Court ruled that “a change of name under Rule 103 can be granted only on grounds provided by law. In order to justify the request for a change of name, there must be a proper and compelling reason for the change and proof that the person requesting will be prejudiced by the use of his official name. To assess the sufficiency of the grounds invoked therefor, there must be adversarial proceedings.”
Further, the Supreme Court ruled that “a change of name does not define or effect a change of one’s existing family relations or in the rights and duties flowing therefrom. It does not alter one’s legal capacity or civil status.”
Jurisprudence says:
“In requests for a change of name, what is involved is not a mere matter of allowance or disallowance of the request, but a judicious evaluation of the sufficiency and propriety of the justifications advances, mindful of the consequent results in the event of its grant.” (Republic of the Philippines v. Michelle Soriano Gallo, G.R. No. 207074, January 17, 2018, citing the case of Republic v. Mercadera, 652 PHIL 195, 2010)
A person desiring to change his name shall file a petition to the Regional Trial Court of the city or province where he has been residing for at least three (3) years prior to the filing of the petition. (Section 1, Rule 103, Rules of Court)
Under Rule 103 of the Rules of Court (ROC), the following is the procedure for change of name:
- Filing of a Petition for Change of Name
The law says:
“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.” (Section 2, Rule 103, ROC)
- Issuance and Publication of the Court Order setting the hearing date
The law says:
“If the 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, and shall direct that a copy of the 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, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) months after the last publication of the notice.” (Section 3, Rule 103, ROC)
The Court Order fixing the date and place of hearing shall be published at least once a week for three (3) successive weeks in a newspaper of general circulation.
- Hearing on the Petition
The law says:
“Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.” (Section 4, Rule 103, ROC)
- Issuance of Judgment granting or denying the change of name
A copy of the judgment shall be served upon the civil registrar, who shall annotate the same. The law says:
“Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed in accordance with the prayer of the petition.
Judgments or orders rendered in connection with this rule 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.” (Sections 5 and 6, Rule 103, ROC)
Did you know?
In addition to the change of first name, the day and month of birth, and the sex of a person may now be changed without judicial proceedings. Republic Act No. 10172 clarifies that these changes may now be administratively corrected where it is patently clear that there is a clerical or typographical mistake in the entry. It may be changed by filing a subscribed and sworn affidavit with the local civil registry office of the city or municipality where the record being sought to be corrected or change is kept. (Republic of the Philippines v. Michelle Soriano Gallo, G.R. No. 207074, January 17, 2018)
The law says:
“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, the day and month in the date of birth or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, 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.” (Section 1, R.A. No. 10172)
Read also:
“First Name or Sex Cannot Be Changed on the Ground of Sex Reassignment”
https://www.alburolaw.com/first-name-or-sex-cannot-be-changed-on-the-ground-of-sex-reassignment/
“Grounds for Changing First Name or Nickname”
https://www.alburolaw.com/grounds-for-changing-first-name-or-nickname/
“Correction of Entry in the Certificate of Live Birth Without Filing a Case in Court”
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