DIFFERENCES UNDER RULE 103, R.A. NO.

9048 AND RULE 108

SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108

AND RA 9048

Rule 103 Rule 108 RA 9048

Cancellation or Correction
of
Name of Law Change of Name Clerical Error Law
Entries in the Civil Registry
Change or correction in the Change of first name and
Change of full name
civil nickname
(Substantial
Subject and civil entries (only
Matter registry (Substantial typographical
corrections)
corrections) or Clerical errors)

Any person interested in

any act,
Any person having direct
event, order or decree and
A person desiring to change concerning the civil status personal interest in the
his of correction of
Who may File
a clerical or typographical error
name (Section 1) persons which has been in an
recorded in the civil entry and/or change of first
register. name or
(Section 1) nickname. (Section 3)

1.) Local civil registry office of

th
e city or municipality where the
RTC of the province in which
record being sought to be
petitioner resides for three RTC of City or province
corrected
years where
or changed is kept.
the corresponding civil
Venue prior to filing, or, in the City of registry
2.) Local civil registrar of the
Manila, to the Juvenile and is located.
place where the interested party
is
Domestic Relations Court.
presently residing or domiciled.
Philippine Consulates. (Section
3)

Contents of
(a) That the petitioner has The petition shall be in the
the
A petition for change of name been form
Petition
shall be signed and verified a bona fide resident of of an affidavit, subscribed and
by the the sworn

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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.
(Section
5)
(a) when the name is The petition for change of first
ridiculous, name
dishonorabl or nickname may be allowed in
e or extremely any
difficult to write or of the following
pronounce; cases:
Th
(b) when the change results 1. e petitioner finds the
as a first name or nickname to be
consequenc ridiculous, tainted with dishonor
legal e such as or
legitimation;
Upon good and valid grounds, extremely difficult to write or
(c) when the change will
avoid the entries in the civil register pronounce.
Grounds
confusio may be cancelled or
n; corrected. 2. The new first name or
nickname has habituall
on
(Section 2) been y and
(d) when e has continuously
continuously used by the
an
petitioner
used d been known since
and he has been publicly known
childhood by a Filipino name,
by
and
that by that first name or
was unaware of alien
nickname
parentage;
in the community:
or
desir adop Th
(e) a sincere e to t a 3. e change will avoid
Filipin nam sign
o e to erase s of confusion.
former alienage, all in good
(Section
faith
4)
and without prejudicing
anybody;

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 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. g-
Magpay G. No
o, R. . 189476,
February 2,
2011)

Summary in nature if the

correction is clerical or
typographical only. Can be Administrative proceeding. (Only
What kind of Judicial Proceeding. (Hearing is an
Proceeding necessary) converted to an adversarial investigation may be conducted.)
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. File a verified petition for the File an affidavit.
cancellation or correction of
any
entry.

At least once a week for two

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

Duty city or municipal civil

registrar
or the consul general to whom the
petition is presented shall
examine
the petition and its supporting
Posting No posting No posting 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 The Civil Registrar concerned

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

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 petition.

Appeal the Decision to the Appeal the Decision to the

Court Court
Where to Appeal decision to the To the Civil
of appeals, fifteen (15) days
from of appeals, fifteen (15) days
Appeal Register General (Head of NCSO)
receipt of judgment. from receipt of judgment.

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