RULE 103.

Change of name
It is a special proceeding to establish a person involving his relation with others, that is, his legal position in, or with
regard to, the rest of the community. It is a proceeding in rem and, as such, strict compliance with jurisdictional
requirements, particularly on publication, is essential in order to vest the court with jurisdiction therefor. For this
purpose, the only name that may be changed is the true or official name as recorded in the civil register. (Republic v.
Court of Appeals, G.R. No. 97906, May 21, 1992, 209 SCRA 189.)

Name
The name of an individual has two parts: (1) the given or proper name and (2) the surname or family name. The
given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other
individuals. The surname or family name is that which identifies the family to which he belongs and is continued from
parent to child. The given name may be freely selected by the parents for the child, but the surname to which the child is
entitled is fixed by law. (In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31,
2005.)

The real name of a person is that given him 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, or which he has adopted, and that the only remedy left to him in case
he desires to change his name in the register, which is his official name, is for him to file the special proceedings
embodied in Rule 103 of the Rules of Court. (Chomi v. Civil Registrar of Manila, G.R. No. L-9203, September 28, 1956.)

The State has an interest in the names borne by individuals and entities for purposes of identification, and that a
change of name is a privilege and not a right, so that before a person can be authorized to change his name given him
either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason
which may justify such change. Otherwise, the request should be denied. (In re: Petition for change of name and/or
correction/cancellation of entry in civil registry of Julian Lin Carulasan Wang also known as Julian Lin Wang, to be
amended/corrected as Julian Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005.)

A change of name granted by the court affects only a petitioner. A separate petition for change of name must be filed for
his/her spouse and children. Section 2 of Rule 103 of the Revised Rules of Court provides that a petition for a change of
name shall be signed and verified by the person desiring his name to be changed, or some other person in his behalf.
There is need therefore for a separate petition to be filed by the [spouse], who is already of age, in her own behalf and in
behalf of her minor children. (Secan Kok v. Republic, G.R. No. L-27621, August 30, 1973.)

Aliases
All aliases of the applicant must be set forth in the petitions title. Such defect is fatal, even if said aliases are contained
in the body of the petition. (Go Chiu Beng v. Republic, G.R. No. L-29574, August 18, 1972.)

Change of Names of Aliens
Rule 103 does not say that only citizens of the Philippines may petition for a change of name. Section 1 provides that "a
person desiring to change his name shall present the petition to the Court of First Instance of the province in which he
resides, or, in the City of Manila to the Juvenile and Domestic Relations Court." Here the word "person" is a generic term
which is not limited to Filipino citizens, but embraces all natural persons. (Yu v. Republic, G.R. No. L-20874, May 25,
1966.)

The broad general doctrine is that the status of an alien individual is governed and controlled by the lex domicilii.
Implicit in this precept is that an alien may be allowed to change his name here only if he be domiciled in the
Philippines. And "domicile" means "permanent home, the place to which, whenever absent for business or pleasure, one
intends to return, and depends on facts and circumstances, in the sense that they disclose intent." (Huan Tin v. Republic,
G.R. No. L-20997, April 27, 1967.)

Legal Separation, NOT a ground for change of name under Rule 103
It is doubtful whether Rule 103 of the Rules of Court, which refers to change of name in general, may prevail over the
specific provisions of Article 372* of the New Civil Code with regard to married women legally separated from their
husbands. Even, however, applying Rule 103, the fact of legal separation alone is not sufficient ground to justify a
change of name, because to hold otherwise, would be to provide an easy circumvention of the mandatory provisions of
said Article 372. (Laperal v. Republic, G.R. No. L-18008, October 30, 1962.)

[*When legal separation has been granted, the wife shall continue using her name and surname employed before the
legal separation. (CIVIL CODE, Article 372.)]

Adoptees Name
A decree of adoption grants the adoptee the right to use the adopters surname but not to change the formers first
name which relief must be sought in a discrete petition under Rule 103. (Republic v. Hernandez, G.R. No. 117209,
February 9, 1996.) However, the new rule laid down by Sections 7(6) and 10 of A.M. No. 02-6-02-SC, approved on July
31, 2002, the application for change of name of the adoptee can be included in the petition for adoption.

Importance of Publication
The proceeding under Rule 103 is also an action in rem which requires publication of the order issued by the court
to afford the State and all other interested parties to oppose the petition. When complied with, the decision binds
not only the parties impleaded but the whole world. As notice to all, publication serves to indefinitely bar all who might
make an objection. It is the publication of such notice that brings in the whole world as a party in the case and vests
the court with jurisdiction to hear and decide it. (Republic v. Merlyn Mercadera, G.R. No. 186027, December 8, 2010; See
also Republic v. Court of Appeals, supra.)

Valid Publication Requirements
In the context of Section 3, Rule 103 of the Rules, publication is valid if the following requisites concur: (1) the petition
and the copy of the order indicating the date and place for the hearing must be published; (2) the publication must be at
least once a week for three successive weeks; and, (3) the publication must be in some newspaper of general circulation
published in the province, as the court shall deem best. Another validating ingredient relates to the caveat against the
petition being heard within 30 days prior to an election or within four (4) months after the last publication of the notice
of the hearing. (Republic v. Bolante, G.R. No. 160597, July 20, 2006.)

Rule 103 vs. R.A. 9048
Rule 103 applies to judicial proceeding for change of ones name while R.A. 9048 authorizes the correction of clerical or
typographical error and change of first name or nickname administratively, that is, without need of a judicial
proceeding.

RULE 108.

*Rule 108 concerns SUBSTANTIAL CHANGES in entries in the civil registry, excluding name which is governed by Rule
103.
Change of Name in Rule 108
The Rules of Court provides the requirements and procedure for change of name. Here, the appropriate remedy is
covered by Rule 103,

a separate and distinct proceeding from Rule 108 on mere cancellation and correction of entries in
the civil registry (usually dealing only with innocuous or clerical errors thereon). (Republic v Capote, G.R. No. 157043,
February 2, 2007.) However, RA 9048 now governs the change of first name. It vests the power and authority to
entertain petitions for change of first name to the city or municipal civil registrar or consul general concerned. Under
the law, therefore, jurisdiction over applications for change of first name is now primarily lodged with the
aforementioned administrative officers. (Silverio v. Republic, G.R. No. 174689, October 22, 2007.)

Rule 108 vs. Rule 103
The procedure recited in Rule 103 regarding change of name and in Rule 108 concerning the cancellation or correction
of entries in the civil registry are separate and distinct. They may not be substituted one for the other for the sole
purpose of expediency. To hold otherwise would render nugatory the provisions of the Rules of Court allowing the
change of ones name or the correction of entries in the civil registry only upon meritorious grounds. If both reliefs are
to be sought in the same proceedings all the requirements of Rules 103 and 108 must be complied with. (Republic v.
Belmonte, G.R. No. L-32600, February 26, 1988.)

Summary vs. Adversary
Proceedings under Article 412* of the Civil Code and Rule 108 of the Rules of Court may either be summary or
adversary in nature. If the correction sought to be made in the civil register is clerical, then the procedure to be adopted
is summary. If the rectification affects the civil status, citizenship or nationality of a party, it is deemed substantial, and
the procedure to be adopted is adversary. (Republic v. Bautista, G.R. No. L-35316, October 26, 1987.)

[*No entry in a civil register shall be changed or corrected, without a judicial order. (CIVIL CODE, Article 412.)]

R.A. 9048, as amended by R.A. 10172.
(R.A. 9048 approved on March 22, 2001)
(R.A. 10172 approved on August 15, 2012)

Intent and Effect
The intent and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name)
and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an
administrative petition for change of name is first filed and subsequently denied.

It likewise lays down the
corresponding venue,

form and procedure. In sum, the remedy and the proceedings regulating change of first name are
primarily administrative in nature, not judicial. (Silverio v. Republic, supra.)

Correcting Surnames
R.A. 9048 does not cover clerical error on surnames. Where the entry to be corrected is that of a surname, even if the
error is merely clerical and will not affect the status, citizenship, or filiation of the person, it must be done judicially.
(Batbatan v. Office of the Civil Registrar, G.R. No. L-33724, November 29, 1982, 118 SCRA 745.)

Clerical or typographical error
It refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry
in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the
entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to
the understanding, and can be corrected or changed only by reference to other existing record or records: Provided,
however, That no correction must involve the change of nationality, age, or status of the petitioner. (Section 2)

All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only
once. (Section 3)

Appropriate Adversary Proceeding
It is one having opposing parties as distinguished from an ex parte application; one in which the party seeking relief has
given legal warning to the other party, and afforded the latter as opportunity to contest it. (Republic v. Valencia, G.R. No.
L-32181, March 5, 1986)

CASES.
CASES.

Silverio v. Republic
562 Phil. 953 (2007)
FACTS:
Petitioner filed a petition for the change of his first name and sex in his birth certificate from Rommel Jacinto to
Mely, and Male to Female, respectively, due to the fact that he underwent sex reassignment surgery in Bangkok
and was engaged to be married.

ISSUE:
(1) Whether or not a persons first name can be changed on the ground of sex reassignment.
(2) Whether or not a persons sex can be changed on the ground of sexual reassignment.

HELD:
In both issues, the Supreme Court held no.

(1) Petitioners basis in praying for the change of his first name was his sex reassignment. He intended to make his first
name compatible with the sex he thought he transformed himself into through surgery. However, a change of name
does not alter ones legal capacity or civil status. RA 9048 does not sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing petitioners first name for his declared purpose may only
create grave complications in the civil registry and the public interest. Before a person can legally change his given
name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he
must show that he will be prejudiced by the use of his true and official name. In this case, he failed to show, or even
allege, any prejudice that he might suffer as a result of using his true and official name.

(2) No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment. RA 9048 only
allows correction of clerical or typographical errors. A correction in the civil registry involving the change of sex is not a
mere clerical or typographical error. The birth certificate of petitioner contained no error. All entries therein, including
those corresponding to his first name and sex, were all correct. No correction is necessary.

People v. Cagandahan
586 Phil. 637 (2008)
FACTS:
Petitioner filed for change of her first name and sex in her birth certificate from Jennifer to Jeff, and Female to
Male, respectively, due to the effect of Congenital Adrenal Hyperplasia, which is a condition where persons thus
afflicted possess both male and female characteristics.

ISSUES:
Whether or not intersexuality is a valid ground for change of name and change of entry of sex in the civil registry.

HELD:
Yes. Where the person is biologically or naturally intersex the determining factor in his gender classification would be
what the individual, having reached the age of majority, with good reason, thinks of his sex. Sexual development in cases
of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such
persons is fixed.

Failure to implead the local civil registrar as well as all persons who have or claim any interest did not render the
petition fatally defective. Cagandahan furnished the local civil registrar a copy of the petition, the order to publish, and
all pleadings, orders or processes in the course of the proceedings. There was therefore substantial compliance of the
provisions of Rules 103 and 108 of the Rules of Court.


DISTINGUISH RULE 103, RULE 108, AND R.A. 9048 (as amended by ..

RULE 103 RULE 108 R.A. 9048
As amended by RA 10172
Name of Law Change of Name Cancellation/Correction of
Entries in the Civil Registry
Clerical Error Act
Subject
Matter
Change of full name
(substantial
corrections)
Cancellation or corrections in the
civil entries:
(a) births
(b) marriages
(c) deaths
(d) legal separations
(e) judgments of annulments of
marriage
(f) judgments declaring
marriages void from the
beginning
(g) legitimations
(h) adoptions
(i) acknowledgment of natural
children
(j) naturalization
(k) election, loss, or recovery of
citizenship
(l) civil interdiction
(m) judicial determination of
filiation
(n) voluntary emancipation of a
minor
(o) changes of name
(Section 2)
(substantial corrections)
Change of first name and
nickname, civil entries, day and
month of birth, and sex of a person
(only typographical or clerical
errors)
Who may File A person desiring to
change his name
(Section 1)
Any person interested in any act,
event, order or decree
concerning the civil status of
persons which has been
recorded in the civil register
(Section 1)
For change of first name or
nickname, or civil entries:
Any person of legal age, 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 the petition. (Rule 3, R.A. 9048
IRR)

For correction of entry on the day
and/or month in the date of
birth:
Any person of legal age, having
direct and personal interest* in the
correction of a clerical or
typographical error in the day
and/or month in the date of birth
of a person in the civil register for
birth, may file the petition. (Rule
3, R.A. 10172 IRR)

(*A person is considered to have
direct and personal interest
when he is the owner of the record,
or the owner's spouse, children,
parents, brothers, sisters,
grandparents, guardian, or any
other person duly authorized by
law or by the owner of the
document sought to be corrected;
Provided; however, that when a
person is a minor or physically or
mentally incapacitated, the petition
may be filed on his/her behalf by
his/her spouse, or any of his/her
children, parents, brothers; sisters;
grandparents, guardians, or
persons duly authorized by law.)

For correction of a clerical or
typographical error in sex:
The petitioner affected by such
error shall personally file the
petition with the civil registry
office where the birth certificate is
registered. (Rule 3, R.A. 10172
IRR)
Opposition Any interested person The civil registrar and all
persons who have or claim any
interest which would be affected
thereby shall be made parties to
the proceeding.
N/A

Note: The Civil Registrar General is
given the power to object to the
decision of the Local Civil
Registrar.
Venue RTC of the province in
which petitioner
resides for 3 years
prior to filing, or, in the
City of Manila, to the
Juvenile and Domestic
Relations Court
RTC of city or province where
the corresponding civil registry
is located.
1. Local civil registry office of the
city or municipality where the
record being sought to be
corrected or changed is kept;
2. Local civil register of the place
where the interested party is
presently residing or domiciled;
3. Philippine Consulates
What kind of
Proceeding
Judicial Proceeding Summary Proceeding

This can be concerted to an
Adversarial Proceeding if there
are substantial changes and
affect the status of an individual.
Administrative Proceeding
What to File File a signed and
verified petition.
File a verified petition for the
cancellation or correction of any
entry.
File a Petition in the form of an
Affidavit, subscribed and sworn to
before any person authorized by
law to administer oath.
Contents of
Petition
(a) That the petitioner
has been a bona
fide resident of the
province where the
petition is filed for
at least (3) years
prior to the date of
such filing;
(b) The cause for
which the change
of the petitioners
(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 petitioners
name is sought;
(c) The name asked for.
(Section 2)
(a) Facts necessary to establish
the merits of the petition;
(b) Particular erroneous entry or
entries, which are sought to
be corrected and/or the
change sought to be made.
(c) The petition shall be
supported with the following
documents:

*For change of name or
name is sought
(Petitioner must
show a proper or
compelling reason
for the change of
name plus the fact
that he will be
prejudiced by the
use of his official
name.);
(c) The name asked
for.
(Section 2)

Note: Names or Aliases
of the Applicant must
appear in the caption of
the petition.

nickname:
(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.

*For change of day and
month of birth, or sex of a
person:
(1) earliest school record or
earliest school documents
such as, but not limited to,
medical records, baptismal
certificate and other
documents issued by
religious authorities.

*For change of gender:
(1) a certification issued by an
accredited government
physician attesting to the
fact that the petitioner has
not undergone sex change
or sex transplant

(d) The petitioner shall submit a
certification from the
appropriate law
enforcements, agencies that
he has no pending case or no
criminal record. (Section 5)
Grounds Jurisprudence has
recognized, inter alia,
the following grounds
as being sufficient to
warrant a change of
name:
1. When the name is
ridiculous,
dishonorable, or
extremely difficult
to write or
Upon good and valid grounds,
the following entries in the civil
register may be cancelled or
corrected.
Grounds for change of name or
nickname:
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
pronounce;
2. When the change
results as a legal
consequence of
legitimation or
adoption;
3. When the change
will avoid confusion;
4. When one has
continuously used
and been known
since childhood by a
Filipino name, and
unaware of alien
parentage;
5. When the change is
based on a sincere
desire to adopt a
Filipino name to
erase signs of
former alienage all
in good faith and
without prejudicing
anybody; and,
6. 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.
(Republic v. Hernandez,
G.R. No. 117209,
February 9, 1996)
publicly known by that first
name or nickname in the
community; or
3. The change will avoid
confusion.
(Section 4)
Notice and
Publication
The petition and the
copy of the order
indicating the time and
place for the hearing
must be published at
least once a week for
three (3) consecutive
weeks in some
newspaper of general
circulation (notice of
hearing)
At least once a week for three (3)
consecutive weeks in some
newspaper of general circulation
(notice of hearing)
At least once a week for two (2)
consecutive weeks (publish the
whole affidavit)
Posting No posting No posting Duty of the civil registrar or Consul
to post the petition in a
conspicuous place for 10
consecutive days
Who
participates
on the part of
the
government
The Solicitor General or
the proper provincial
or city fiscal shall
appear on behalf of the
Government of the
The Civil Registrar The Civil Registrar or the Consul
Philippines
Where to
appeal
Appeal decision with
the Court of Appeals
Appeal decision with the Court of
Appeals
Appeal decision with the Civil
Registrar General (head of NCSO)
Procedure of
Changing of
Name
1. Filing of petition for
change of name.

2. Court shall
promulgate an order
fixing a date and
place for hearing the
petition. The date set
for the hearing shall
not be:
Within 30 days
prior to an
election AND
Within 4 months
after the last
publication of the
notice.

3. Court shall direct a
copy of the order to be
published before the
hearing
At least once a
week for 3
successive weeks
In some
newspaper of
general
circulation
published in the
province.

4. Hearing shall be
conducted.
The SolGen or the
proper provincial
or city fiscal shall
appear on behalf
of the Government
of the Republic.

5. Judgment granting
or denying the change
of name.

6. Copy of judgments
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.

2. 1. Filing of petition
3.
4. 2. Court shall promulgate an
order fixing the time and
place for hearing the petition
and cause reasonable notice to
be given to the persons named in
the petition.
Civil registrar and all
persons who have or claim
any interest which would
be affected thereby shall be
made parties to the
proceeding

3. Court shall direct a copy of the
order to be published before
the hearing
At least once a week for 3
successive weeks
In some newspaper of
general circulation
published in the province.

4. 4. File opposition
Within 15 days from
notice of the petition or
from the last date of
publication

5. Hearing shall be conducted.

Court may expedite the
proceedings and also
grant preliminary
injunction for
preservation of rights of
the parties

6. Judgment granting or denying
the change of name.

7. Copy of judgments shall be
furnished the civil registrar
concerned who shall annotate
the same in the records.

1. Filing of petition and its
supporting papers in 3 copies to be
distributed to:
The concerned city or
municipal civil registrar or
the consul general
The Office of the Civil
Registrar General
The petitioner

2.The City or Municipal Registrar
or the Consul General shall post
the petition in a conspicuous
place for ten 10 consecutive days
after he finds the petition and its
supporting documents sufficient in
form and substance.

3.The petition shall be published
at least once a week for 2
consecutive weeks in a
newspaper of general circulation.


4.The City or Municipal Registrar
or the Consul General shall render
a decision not later than 5
working days after the
completion of the posting and/
or publication requirement. He
shall transmit a copy of his
decision together with the records
of the proceedings to the Office of
the Civil Registrar General within 5
working days from the date of the
decision.
Where the petition is denied
by the city or municipal civil
registrar or the consul
general, the petitioner may
either appeal the decision to
the civil registrar general or
file the appropriate petition
with the proper court.

5.The Civil Registrar General shall,
within 10 working days from
receipt of the decision granting a
petition, exercise the power to
impugn such decision by way of an
objection.
Grounds for objection
(a) The error is not clerical
or typographical
(b) The correction of an
entry or entries in the
civil register is
substantial or
controversial as it
affects the civil status
of a person
(c) The basis used in
changing the first
name or nickname of a
person does not fall
under one of the valid
grounds.

If the civil registrar general fails to
exercise his power to impugn the
decision of the city or municipal
registrar or of the consul general
within the period, such decision
shall become final and executory.

6.The civil registrar general shall
immediately notify the city or
municipal civil registrar or the
consul general of the action taken
on the decision.

7.Upon receipt of the notice
thereof, the city or municipal civil
registrar or the consul general
shall notify the petitioner of such
action.

8.Appeal. The petitioner may seek
reconsideration with the civil
registrar general or file the
appropriate petition with the
proper court.




REFERENCES.

Regalado, Atty. Florenz D. Remedial Law Compendium. Vol. II. 11
th
ed. 2008.
Festin, Atty. Gemy Lito L. Special Proceedings: A Foresight to the Bar Exam. 2
nd
ed. October 2013.
National Statistics Office Website. Civil Registry Laws. <http://www.census.gov.ph/civilregistration/civil-
registration-laws>.
RULES OF COURT, Rules 103 and 108.
REPUBLIC ACT 9048, July 24, 2000.
REPUBLIC ACT 10172, August 15, 2012.
R.A. 9048 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2001).
R.A. 10172 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2012).
Cases as cited.