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1.

Rule 103. Change of name.

1. The Regional Trial Court has subject matter jurisdiction over petitions for change of name. This
is pursuant to the Section 19(7) of Batas Pambansa Blg. 129.

2. The Regional Trial Court of the place where the petitioner resides is the venue for special
proceedings for change of name.

3. Rule 103 covers principally the change of surname and middle name. For change of first name
and/or nickname, the principal governing law is R. A. no. 9048 which authorizes the local civil
registrar or the consul general to effect such change.

4. The general rule is that a change of name may only be effected by judicial order. However,
under R.A. no. 9048, change of name or nickname may be done administratively.

5. It must be understood that the real or official name of a person is that which is given 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.

6. Any petition which seeks to change the name recorded in the civil registry is a petition for
change of name governed by Rule 103. On the other hand, mere correction of typographical or
clerical errors in the entry of name which are obvious to the undertaking are governed by the
Rule 108.

7. Valid grounds for change of name (DR DACUL)

a. When the name is Dishonorable, Ridiculous or extremely Difficult to pronounce.

b. A sincere desire to Adopt a Filipino name to erase signs of former alienage.
c. When the change of name will avoid confusion.
d. When the petitioner has been Using a name for school purposes and his school records
are in such name, then his name in the civil registry may be change to the name he has
been using in school.
e. When the change results as a legal consequence as legal consequence as in
legitimation.

The above-mentioned grounds are not exclusive. The matter to grant a petition for change
of name is left to the sound discretion of the court. The petition should be granted where
there is proper and reasonable cause and where there is no showing that the petition was
 motivated by fraudulent intent or that the change of surname will be prejudice public
interest.

8. If the petition is sufficient in form and substance, the court, by an order reciting the purpose of
the petition shall fix the date and place for the hearing thereof, and shall direct that a copy of
the order be published before the hearing at least once a week for consecutive three weeks in
some newspaper of general circulation published in the province. The date set for hearing shall
not be within 30 days prior to an election nor within 4 months after the last publication.

9. To justify a change of middle name, the petitioner must not only show proper and compelling
reason therefor but also he will be prejudiced by the use of his true name.

Rule 108. Cancellation or correction of entries in the Civil Registry.

10. Any person interested in an act event, order or decree concerning the civil status of persons
which has been recorded in the civil register, may file a verified petition for cancellation or
correction of any entry relating thereto.

11. Correction of entries covers principally correction of entries which are not merely clerical or
typographical errors. For correction of clerical or typographical errors, the principal governing
law is the R.A. No. 9048 which authorizes the local registrar or the consul general to effect such
corrections.

12. Judiciary Act of 1948 provides that the Regional Trial Court shall have original and exclusive
jurisdiction over special proceedings not otherwise provided by law. This provision was not
repealed by B.P. Blg. 129.

13. The venue of petition for correction of entries lies in the place where the corresponding civil
registry is located.

14. When cancellation or correction of an entry in the civil registry is sought, the civil register and
all persons who have claim or any interest which would be affected thereby shall be made
parties to the proceeding. The failure to implead the civil registrar and the parties who would
naturally and legally be affected by the grant of the petition would render the proceedings and
the judgment void. Non-impleading, however, as respondent of one who is inadvertently left
out or is not established to be known by the petitioner to be affected by the grant of the
petition would not nullify the proceedings and judgment as they are deemed notified.

15. The civil register and any person having or claiming any interest under the entry whose
cancellation or correction is sought may, within 15 days from notice of the petition, or from the
last date of publication of such notice, file his opposition thereto.
 16. Rules of Court shall be liberally construed in order to promote their objective of securing a just,
inexpensive and speedy disposition of every action and proceeding.

17. Procedural infirmity, which relates to R103 rather than R108 may be overlooked in the interest
of substantial justice.

18. It is submitted that a petition for change of name and correction of entry may be joined in one
proceeding if the change of name and correction of entry are based on the same underlying
facts or logically connected to each other and provided that all requirements of Rule 108 and
Rule 103 are complied with.

R.A. No. 9048 as amended by R.A. No. 10172 Administrative change of first name or nick name and
correction of clerical/typographical errors

19. As general rule, the entry in a civil register cannot be changed or corrected without judicial
order except for:
a. Clerical or typographical errors, and
b. Change of first name and nickname
c. Change of the day and month in the date of birth or sex of a person where it is patently
clear that there was a clerical or typographical error or mistake in the entry.

The foregoing can be corrected or changed by the concerned city or municipal civil registrar or
consul general.

20. A clerical or a typographical error refer 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 or 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 in 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.

21. No petition for correction of erroneous entry concerning the birthdate of the sex of a person
shall be entertained except of the petition is accompanied by earliest school record or earliest
school documents such as, but not limited to medical records, baptismal certificate and other
document issued by religious authorities. Nor shall entry involving change of gender be
corrected except if the petition is accompanied by a certification issued by an accredited
 government physician attesting to the fact that the petitioner has not undergone sex change or
sex transplant.

22. The petition for change of first name or nickname, or for correction or erroneous entry
concerning the day and month in the date of birth of the sex a person, as the case may be, shall
be published at least once a week for two consecutive weeks in a newspaper in general
circulation.
23. The petition for change of first name or nickname may be allowed in any of the following cases:

1) The first name or nickname is tainted with Dishonor, Ridiculous, extremely Difficult
to pronounce;
2) The new first name or nickname has been Habitually and continuously used by the
petitioner and he has been publicly known by that first name or nickname in the
community.
3) The change will avoid confusion.

The grounds are exclusive.

24. The petition shall be published at least once a week for 2 consecutive weeks (1x2) in a
newspaper of general circulation. Publication is not required in a petition for correction of
typographical errors, except where the erroneous entry is of the date and month of birth date
or of the sex of a person.

Rule 107. Absentees.

25. When a person disappears from his domicile, his whereabouts being unknown, and without
having left an agent to administer his property, or the power conferred upon the agent has
expired, any interested party, relative, or friend may petition the Regional Trial Court of the
place where absentee resided before his disappearance for the appointment of a person to
represent him provisionally in all that may be necessary.

26. After the lapse of 2 years from a person’s disappearance and without any news about the
absentee or since the receipt of the last news, or of 5 years in case the absentee has left a
person in charge of the administration of his property, the declaration of his absence and the
appointment of a trustee or administrator may be applied for any of the following:

a) The spouse present;

b) The heirs instituted in a will who may present an authentic copy of the same;
c) The intestate heirs;
 d) Those who have over the property of the absentee some right subordinated to the
condition of his death.

Rule 109. Appeals

27. The following are the orders or judgment is special proceedings from which an appeal may be
taken:

a) Allows or disallows a will;

b) Determines who are the lawful heirs, or the distributive share of the estate to which such
heir is entitled.
c) Allows or disallows any claim against the estate or any claim presented on behalf of the
estate to offset a claim against it.
d) Settles the account of an executor or administrator, trustee, or guardian
e) Constitute in estate proceedings or those relating to the administration of a trustee or
guardian (GET) a final determination in the lower court of rights (FDR) of the party
appealing.
f) Which is the final order or judgment rendered in the case, and effects the substantial right
of the person appealing.

Criminal Procedure

Preliminaries

28. Jurisdiction over the subject matter in criminal cases is the power of the court to try a particular
class of criminal offenses as defined by the legislature while the jurisdiction over the person of
the accused is the power of a court to try a case with the binding effect as against an accused.

29. Jurisdiction over the subject matter is conferred by law while jurisdiction over the person of the
accused is obtained by the arrest of the accused is obtained by the arrest of the accused or his
voluntary surrender or appearance in court.

30. The voluntary appearance of the accused in court may be made by the filing of a pleading or
motion in court asking for affirmative relief.

31. The requirement that the accused must be in custody of law applies only to the application for
bail, not to application of the other relief. However, albeit, at large, it must be clarified that the
accused’s motion to quash warrant of arrest and to fix bail. They were neither applying for bail,
nor posting bail. Of course, if the motion to fix bail is granted, the accused must be in custody of
law when they apply for bail.
 32. In complex crime, the jurisdiction of the court is determined by the penalty prescribed for the
more serious crime in its maximum period.

2.

Yes, the petition should granted

The petition for change of name may be granted by the court where there is no showing that
the petition was not motivated by the fraudulent intent or that the change of surname will be
prejudiced public interest.

In the case, there was no apparent fraudulent intent on the part of the mother when she
petitions the change of the surname of her daughter by first marriage to conform to the surname of the
stepfather. Therefore, the petition should be granted for the benefit of the minor in the case.

3. No, Employees of a government owned and controlled corporation organized and incorporated
corporation code shall be under jurisdiction of Labor arbiter. A is correct, corporation organized under
the corporation code are outside the ambit of the sandidganbayan.

The matter to grant a petition for change of name is left to the sound discretion of the
court. The petition should be granted where there is proper and reasonable cause and
where there is no showing that the petition was motivated by fraudulent intent or that the
change of surname will be prejudice public interest.