What if your name was misspelled on your birth certificate? What if you discovered that the name you’ve been using isn’t the one indicated in your birth certificate? What if your name is embarrassing or difficult to pronounce?
In the Philippines, you have legal options to correct or change your name, whether it’s a minor clerical error or a substantial change. These processes are governed by Rule 103 of the Rules of Court and Republic Act (RA) 9048, as amended by RA 10172.
Judicial vs. Administrative Name Changes
There are two primary routes for legally changing or correcting your name:
Judicial Change of Name (Rule 103 of the Rules of Court)
This is done by filing a petition in the Regional Trial Court (RTC). It is typically used for substantial changes, such as changing a full name or surname entirely.
Judicial Procedure (Rule 103)
File a verified petition in the RTC where you have been a bona fide resident for at least 3 years
The petition must state:
- 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;
- The reason for the name change
- The name being requested
The petition, upon direction of the court, must be published once a week for three consecutive weeks in a newspaper of general circulation
The court hearing must not take place within 30 days before an election or within four months after the final publication
Administrative Change of Name (RA 9048, as amended by RA 10172)
This process is handled by the Local Civil Registrar and is used for minor corrections, such as:
- Misspelled names
- Changes in first names
- ridiculous, tainted with dishonor or extremely difficult to write or pronounce.
- 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
- change will avoid confusion
- Clerical or typographical errors
The Court has ruled in the case of Silverio vs. Republic, G.R. No. 174689, 19 October 2007, that for changes of first name, primary jurisdiction is with administrative officers or the city or municipal civil registrar or consul general concerned. The remedy and proceedings regulating change of first names are primarily administrative in nature.
Administrative Procedure (RA 9048 as amended by RA 10172)
To file an administrative name change:
The petition for correction of a clerical or typographical error, or for change of first name or nickname shall be filed in the form of a sworn affidavit with supporting documents to the Local Civil Registrar
a.Affidavit
- Shall be subscribed and sworn to before any person authorized by law to administer oaths.
- Shall set forth facts necessary to establish the merits of the petition.
- Shall show that the petitioner is competent to testify to the matters stated in the affidavit.
b. Supporting documents may include:
- Certified True Copy of the birth certificate or registry entry to be corrected
- At least two public or private documents showing the correct name or spelling
- Certification from law enforcement agencies showing no pending criminal case or record
- Other relevant documents required by the Local Civil Registrar concerned
The Petition shall be published at least once a week for two (2) consecutive weeks in a newspaper of general circulation.
The Petition must be filed om three (3) copies and distributed to: 1) the concerned city or municipal civil registrar, or the consul general; 2) the Office of the Civil Registrar General; and 3) the petitioner.
Conclusion
Whether your name was misspelled, or is simply causing you personal or professional difficulty, there is a legal process in place to help you. Understanding whether your case falls under the judicial or administrative route is key to ensuring a smooth name correction or change.
About Nicolas and De Vega Law Offices
If you need help in other family law matters, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com .
