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DIFFERENCES UNDER RULE 103, R.A. NO.

9048 AND RULE 108

SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108


AND RA 9048
Rule 103

Name of Law

Subject
Matter

Change of Name
Change of full name
(Substantial
corrections)

Rule 108
Cancellation or Correction
of
Entries in the Civil Registry
Change or correction in the
civil
registry (Substantial
corrections)

RA 9048

Clerical Error Law


Change of first name and
nickname
and civil entries (only
typographical
or Clerical errors)

Any person interested in


any act,

Who may File

A person desiring to change


his
name (Section 1)

RTC of the province in which


petitioner resides for three
years
Venue

prior to filing, or, in the City of


Manila, to the Juvenile and

event, order or decree


concerning the civil status
of
persons which has been
recorded in the civil
register.
(Section 1)

RTC of City or province


where
the corresponding civil
registry
is located.

Domestic Relations Court.

Contents of
the
Petition

A petition for change of name


shall be signed and verified
by the

(a) That the petitioner has


been
a bona fide resident of
the

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of 69

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. (Section 3)
1.)
Local civil registry office of
th
e city or municipality where the
record being sought to be
corrected
or changed is kept.
2.)
Local civil registrar of the
place where the interested party
is
presently residing or domiciled.
Philippine Consulates. (Section
3)
The petition shall be in the
form
of an affidavit, subscribed and
sworn

perso
to before any person authorized
n
desiring his name province where the petition is by
changed, or some other
filed for at least three (3)
person on
years
the law to administer oaths. The
his behalf, and shall set
prior to the date of such
forth:
filing;
affidavit shall set forth facts
necessary to establish the merits
(b) The cause for which the of
(a) That the petitioner has
change of the petitioner's
been a
name
the petition and shall show
bona fide resident of the
affirmatively that the petitioner
province
is sought;
is
where the petition is filed for
(c) The name asked for.
competent to testify to the
at
(Section
matters
least three (3) years prior to
stated. The petitioner shall state
the
2)
the
date of such
particular erroneous entry or
filing;
entries,
(b) The cause for which
the
which are sought to be corrected
change of the petitioner's
name is
and/or the change sought to be
sough
t;
made.
(c) The name asked for.
(Section
The petition shall be supported
with the following
2)
documents:
A
tru
1.
certified
e
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
document
private s
showing the
correct entry or entries upon
which
the correction or change shall be
based; and
Other documents which
3.
the
petitioner or the city or
municipal
civil registrar or the consul
general
may consider relevant and
necessary
for the approval of the
petition.
The petition and its supporting
papers shall be filed in three (3)
copies to be distributed as
follows:
first copy to the concerned city
or
municipal civil registrar, or the
consul general; second copy to
the
Office of the Civil Registrar
General;
and third copy to the

petitioner.

(a) when the name is


ridiculous,
dishonorabl
e
or
extremely
difficult to write or
pronounce;
(b) when the change results
as a
consequenc
legal
e
such as
legitimation;
Grounds

(c) when the change will


avoid
confusio
n;
on
(d) when e has continuously
an
used d
been known since
childhood by a Filipino name,
and
was unaware of alien
parentage;
desir
adop
(e) a sincere e
to t
a
Filipin nam
sign
o
e
to erase s
of
former alienage, all in good
faith
and without prejudicing
anybody;

(Section
5)
The petition for change of first
name
or nickname may be allowed in
any
of the following
cases:
Th
1.
e
petitioner finds the
first name or nickname to be
ridiculous, tainted with dishonor
or
Upon good and valid grounds, extremely difficult to write or
the entries in the civil register pronounce.
may be cancelled or
2.
The new first name or
corrected.
nickname has
habituall
been
y and
(Section 2)
continuously used by the
petitioner
and he has been publicly known
by
that by that first name or
nickname
in the community:
or
Th
3.
e
change will avoid
confusion.
(Section
4)

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of 69

and
(f) when the surname
causes
embarrassment and there is
no
showing that the
chang
desired
e
of name was for a fraudulent
purpose or that the change of
name would
prejudice
public
Coseten
interest. (RP vs.
gMagpay G.
No
o,
R.
.
189476,
February 2,
2011)

Summary in nature if the


correction is clerical or
typographical only. Can be

Administrative proceeding. (Only


an
investigation may be conducted.)

What kind of
Proceeding

Judicial Proceeding. (Hearing is


converted to an adversarial
necessary)
proceeding if there are
substantial changes and
effect to
the status of an individual.
(Hearing is necessary)

What to File

A signed and verified petition.

Notice and
Publication

At least once a week for two


consecutive weeks in a
newspaper of
consecutive weeks in a
general circulation. Furthermore,
newspaper of general
Once a week for three
the
circulation.
petitioner shall submit a
(notice of
consecutive weeks in a
certification
hearing)
newspaper of general
from the appropriate law
** hearing shall not be
enforcement agencies that he has
conducted
circulation. (notice of hearing)
no
w/in 30 days prior to election
pending case or no criminal
nor
record
w/in 4 months after last
(publish the whole affidavit)
publication of notice**

File a verified petition for the


cancellation or correction of
any
entry.

File an affidavit.

Once a week for three

Posting

No posting

No posting

Duty city or municipal civil


registrar
or the consul general to whom the
petition is presented shall
examine
the petition and its supporting
documents. He shall post the
petition

in a conspicuous place provided


for
that purpose for ten (10)
consecutive
days after he finds the petition
and
its supporting documents
sufficient
in form and substance.
Participant
from
the
Government

The Civil Registrar concerned


is
made a party to the
proceedings
The Civil Registrar or the Consul.
The Solicitor General must be
as respondent.
notified by service of a copy of
the

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of 69

petition.

Where to
Appeal

Appeal the Decision to the


Court
of appeals, fifteen (15) days
from
receipt of judgment.

Appeal the Decision to the


Court
of appeals, fifteen (15) days
from receipt of judgment.

Page 69 of
69

Appeal decision to the To the Civil


Register General (Head of NCSO)