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RULE 103, RULE 108, RA 9048, AS AMENDED

CHANGE OF NAME

I RULE 103

A. Relevant laws:

READ:

1. Article 376 Civil Code – NO person can change his name or surname
without judicial authority.

2. RA 9048- (March 22, 2001) - Clerical Corrections Act- A law authorizing

the Local Civil Registrar or the Consul General to Effect changes in the first
name or nickname and correction of clerical errors

3. Effect of RA 9048 on the applicability of Rule 103

4. What is a name and its import and what name may be changed under rule
103 and RA 9048

READ:

a. In the Matter of the Petition for the Change of Name and/or

Correction of Entry of Julian Carulasan Wang, GR No. 159966,
March 30, 2005
b. In the matter of the adoption of Stephany Astorga Garcia, GR No.
1483112 March 31, 2005;
c. Republic v. CA 209 SCRA 189
d. Ng Yao v. Republic GR No. L-20306, March 31, 1966

5. Provisions of the Civil Code on the use of names and surnames

READ:

a. Art. 364- Surname of legitimate and legitimated children

b. Art. 365- Surname of an adopted child

c. Art. 368- Surname of an illegitimate child

d. Art. 370, 371, 372, 373, - Surname that may be used by a

married woman

e. Art. 374, 375- Name or surname to be used in case of identity of

names and surnames

f. Art. 377, 378- Sanction for usurpation of name

g. Art. 379- Use of pen names

B. Jurisdiction In Proceedings For Change Of Name

READ:

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1. REPUBLIC OF THE PHILIPPINES Versus LORENA OMAPAS SALI G.R. No.

206023 April 3, 2017- Jurisdiction of the courts and of administrative
offices in the light of RA 9048

2. FRANCLER P. ONDE, v. THE OFFICE OF THE LOCAL CIVIL REGISTRAR

OF LAS PIÑAS CITY, G.R. No. 197174, September 10, 2014

3. Silverio vs. Republic GR No. 174689, October 22, 2007

4. Republic v. Cagandahan
5. R.A 9048

C. Procedure

1. Who may file and where

READ:

a. Section 1, Rule 103

b. Ong Tuan Tin v. Republic G.R. No. L-16085, Nov. 1961- An alien may
file a petition to change name in the Philippines

2. Form and Contents/Allegations of the petition

READ:

a. Section 2, Rule 103

May a minor verify a petition for change of name

3. Parties to the petition

-Participation of the Office of the Solicitor General

4. Order of Hearing/Notice of Hearing

READ:
a. Section 3, Rule 103
b. Rule on fixing the date, time and place of hearing the petition
c. Republic v. Hernandez, 253 SCRA 509; Tan v. Republic, GR No. L-
16834, April 26, 1962- Necessity and significance of publication
d. Republic v. Bolante, GR No. 160597, July 20, 2006- Requisites of a valid
publication
e. Tan v. Republic, GR No. L- 16834, April 26, 1962- Effect of discrepancy
in the petition and the published order/notice of hearing

5. Hearing on the Petition

READ:

a. Section 3, Rule 103

b. Section 4, Rule 103- Opposition, Participation of the State through

the Solgen.

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6. Judgment

READ:

a. Section 5, Rule 103

b. In the Matter of the Petition for the Change of Name and/or

Correction of Entry of Julian Carulasan Wang, GR No. 159966,
March 30, 2005; Que Liong v. Republic GR No. L-23167, Aug. 17,
1967; Yu chin Han V. Republic L-22712; Republic vs. Wong G.R.
No. 97906, May 21, 1992; Oshita v. Republic GR No. L-21180,
March 31, 1967- Valid grounds for change of name

c. Effects/consequences of change of name

READ:

1. Ang Chay v. Republic, 34 SCRA 224

2. Secan Kok v. Republic, August 30, 1973

d. Service of judgment

1. Section 6, Rule 103

2. Go vs. Republic L-20160, Nov. 29, 1965- How change is properly

effected

3. Who must be served copies of the judgment

e. Appeal

II CHANGE OF NAME UNDER RA 9048

A. Jurisdiction

B. Section 1- Coverage of RA 9048- first name and nickname only

C. Section 3- Who may file/apply for change of name and venue/place of

filing petition

D. Section 5- Form, Contents, supporting documents of the Petition

E. Posting and publication requirements

F. Section 6, 7- Procedure before the local civil registrar/consul

general/Civil Registrar General

G. Section 4- Grounds for allowing change of first name/nickname

III RA 9048 VS. RULE 103 (DISTINGUISH)

IV RULE 108 CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL

REGISTRY

A. Relevant laws:

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READ:

1. Art. 407- 412 Civil Code

2. RA 9048- Clerical Correction law
3. RA 10172- Expanding the coverage of RA 9048
4. Applicability of Rule 108 vis a vis RA 9048 and RA 10172

READ:
a. REPUBLIC OF THE PHILIPPINES Versus LORENA OMAPAS SALI
G.R. No. 206023 April 3, 2017

b. FRANCLER P. ONDE, v. THE OFFICE OF THE LOCAL CIVIL

REGISTRAR OF LAS PIÑAS CITY, G.R. No. 197174, September 10,
2014
c. Silverio vs. Republic GR No. 174689, October 22, 2007
d. Republic v. Cagandahan

5. Clerical vs. substantial errors

READ:
a. Republic vs. Mercadera 637 SCRA 654
b. Yu vs. Civil Registrar of Manila GR No. L-36478

6. Section 2, Rule 108- What may be cancelled or corrected

B. Jurisdiction and venue in Rule 108 and RA 9048

READ:

1. Section 1, RA 9048
2. Section 1, Rule 108

C. Parties to a petition for correction/cancellation under Rule 108

READ:

1. Section 1, Rule 108- Petitioner- Any person interested

2. Section 3, Rule 108- Respondent/s – Civil registrar and all persons who
have or claim any interest which would be affected

a. Yu vs. Civil Registrar of Manila 121 SCRA 873- Sec. 3 -mandatory

b. Ceruila vs. Delantar Dec. 9, 2005- Section 3- mandatory
c. Republic vs. Lugsanay G.R. No. 198010 August 12, 2013- Sec. 3-
mandatory, effect of non-compliance, curing effect of publication if
not complied
d. Appropriate Adversarial proceeding- meaning
e. Lee v. Court of Appeals- Summary vs. Adversarial proceeding

D. Notice of Hearing

READ:

a. Section 4, Rule 108

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b. Republic vs. Lugsanay G.R. No. 198010 August 12, 2013- necessity and
purpose of publication and notice
c. Republic v. Bolante, GR No. 160597, July 20, 2006

E. Hearing and Judgement

F. Correction of clerical errors under RA 9048 and RA 10172

a. Jurisdiction of the LCR and Consul General

b. Coverage- Clerical error defined
c. Grounds
d. Procedure before the LCR or the Consul General

G. Distinguish Rule 108 from RA9048 as amended by RA 10172

H. Distinguish Rule 103 from Rule 108
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Some reminders to make COVID-19 Quarantine/Lockdown productive

(At least insofar as your study of Spec. Pro. is concerned)

C- Concentrate on fundamental provisions of law.

O- Organize your materials.

V- Verify vague concepts, principles, etc.

I- Internalize basic principles of law.

D- Discuss with a classmate (chat group) what you have read or studied.

19- Point Agenda During Lockdown/Quarantine

(For your study of law)

1. READ- Your textbooks are waiting.
2. WRITE- Practice writing legibly. Improve your handwriting.
3. DIGEST- Read and digest cases. No more excuses. You have all the time.
4. TEST- Do some self-administered simulated/mock exams.
5. OUTLINE- Make your own memory aid.

(For your health)

6. EAT- Nourish yourself with nutritious foods.
7. EXERCISE- Be physically active even if you can’t go out.
8. THINK- Be mentally active. Get off the TV and Facebook.
9. REST- Get enough sleep. You need it.
10. CLEAN- Sanitize your surroundings. Organize/declutter your physical and
electronic files.

(For your community)

11. HELP- Find time to be of service to others.
12. GIVE- Share. Do Not hoard.
13. COOPERATE- Support your community leaders and volunteers during this
crisis.
14. LISTEN- Follow rules and/or instructions from the authority.
15. VOLUNTEER- Be ready, willing and available to render service to the
community when needed.

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(For your spiritual and mental health)

16. PRAY- Acknowledge that God is in control and will see us through this
health crisis.
17. REFLECT- Be still. Be quiet. Look inside.
18. PLAN- Talk about future plans. It is psychologically healthy. It encourages
us to hope for the better.
19. RE-DIRECT- Deflect negative thoughts and energies.

Stay safe folks. Nothing is more important now than our safety and health.

God Bless Us All.