SPECIAL PROCEEDINGS

Rules 103 & 108; RA 9048

RULE 103 RULE 108 RA 9048

Title Change of name (name which appears in Cancellation or correction of entries Correct a clerical or typographical error in an
the civil register) in the civil registry entry and/or change of first name or nickname
Nature   Adversarial;   Adversarial;   Summary;
  judicial;   judicial   administrative; No judicial order necessary
  substantial change   Substantial error   Clerical/typographical error; change of first name
  in rem – to vest jurisdiction, comply with or nickname - changes or corrections of a
all the requirements harmless and innocuous nature
  not a matter of right but of judicial
discretion and a privilege
Petitioner All natural persons regardless of status, Any person interested in any act, Any person having direct and personal interest in
including domiciled aliens event, order or decree concerning the the correction of a clerical or typographical error
civil status of persons which has been
recorded in the civil register
Parties a)       the civil registrar and The city/municipal civil registrar, Consul
b)       all persons who have or claim any General, including the Clerk of the Shari'a Court
interest which would be affected in his capacity as District or Circuit Registrar of
thereby shall be made parties to the Muslim Marriages, Divorces, Revocations of
proceeding. Divorces and Conversions, are hereby authorized
to correct clerical or typographical error and to
change first name or nickname in the civil
register.
Subject matter
  First name, entries in the civil register may be             clerical or typographical errors and
  nickname, cancelled or corrected:            change of first name or nickname
  middle name, a)       births;
  surname b)       marriage;
c)        deaths;
 d)       legal separations;
e)       judgments of annulments of
marriage;
f)        judgments declaring marriages
void from the beginning;
g)       legitimations;
h)       adoptions;
i)        acknowledgments of natural
children;
j)         naturalization;
k)       election, loss or recovery of
citizenship;
l)        civil interdiction;
m)     judicial determination of filiation;
n)       voluntary emancipation of a
minor; and
o)       changes of name.

Venue
RTC of the province in
1)        RTC of the province 1)        with the local civil registry office of the city or
municipality where the record being sought to be
which he resides, or,in where the corrected or changed is kept.

the City of Manila, to the corresponding civil 2)       In case the petitioner has already migrated to
Juvenile and Domestic registry is located. another place in the country - the petition may be
filed, in person, with the local civil registrar of the
Relations Court. place where the interested party is presently
residing or domiciled. 

3)       Citizens of the Philippines who are presently

residing or domiciled in foreign countries may
file their petition, in person, with the nearest
Philippine Consulates.

Contents a)       That the petitioner has been a bona The affidavit shall set forth
of Petition fide resident of the province where the               facts necessary to establish the merits of the
or petition is filed for at least 3 years prior petition and
affidavit to the date of such filing;               shall show affirmatively that the petitioner is
 b)       The cause for which the change of the
petitioner's name is sought;
c)        The name asked for.
Form A petition for change of name shall be
signed and verified by the person
desiring his name changed, or some
other person on his behalf,
Notice, Court shall direct that a copy of the order
Publicatio be published before the hearing at least
n& once a week for 3 successive weeks in
posting some newspaper of general circulation
published in the province, as the court
shall deem best.
Hearing The date set for the hearing shall not be
within 30 days prior to an election nor
within 4 month after the last publication
of the notice.
Oppositor1)        Any interested person 1)        The civil registrar and
2)       The Solicitor General or the proper 2)       any person having or claiming any
provincial or city fiscal shall appear on
behalf of the Government of the
Republic.
Grounds 1)        when the name is ridiculous, tainted
with dishonor, or is extremely difficult to
write or pronounce;
2)       when the request for change is a
competent to testify to the matters stated.
             The petitioner shall state the particular
erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made.
a verified petition for the cancellation The verified  petition shall be in the form of an
or correction of any entry relating affidavit, subscribed and sworn to before any
thereto person authorized by the law to administer oaths.
Court shall cause reasonable notice Sec. 9
thereof to be given to the persons
named in the petition. (publication is
sufficient to include all interested
parties.)
The court shall also cause the order
to be published once a week for 3
consecutive weeks in a newspaper of
general circulation in the province.
Non-adversarial
interest under the entry whose
cancellation or correction is sought 
within fifteen (15) days from notice
of the petition, or from the last date
of publication of such notice, file his
opposition thereto.
1.        The petitioner finds the first name or nickname
to be ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
2.        The new first name or nickname has been
 consequence of a change of status, such
as when a natural child is acknowledged
or legitimated; and
3)       when the change is necessary to avoid
confusion,
4)       having continuously used and had
been known since childhood by a
Filipino name, unaware of her alien
parentage;
5)       a sincere desire to adopt a Filipino
name to erase signs of a former alienage,
al in good faith and without prejudicing
surname causes embarrassment and
here is no showing the desired change of
name was for a fraudulent purpose or
that it would prejudice public interest.
Judgment that such name be changed in
accordance with the prayer of the
petition.
Service of Judgments or orders – shall be furnished
judgment the civil registrar of the municipality or
city where the court issuing the same is
situated, who shall forthwith enter the
same in the civil register
Example Adopted child’s change of surname
habitually and continuously used by the
petitioner and he has been publicly known by that
by that first name or nickname in the community:
or
3.        The change will avoid confusion.
court may either dismiss the petition When the petition for a change of first name is
or issue an order granting the approved by the C/MCR or CG or D/CR and such
cancellation or correction prayed for. decision has not been impugned by the CRG, the
change shall be reflected in the birth certificate by
way of marginal annotation.
In either case (dismissed or granted),
a certified copy of the judgment shall
be served upon the civil registrar
concerned who shall annotated the
same in his record.
Illegitimacy
Sex
Nationality/citizenship
Civil status
 NOTES

RULE 103
  Lack of verification – not jurisdictional; only renders the pleading fatally defective
(which may be corrected) hence warrants dismissal of the petition
  The petition must be filed by the person desiring to change his/her name, even if it may
be signed and verified by some other person (example mother of a minor. The minor
would have to file the petition herself when she reaches the age of majority)
  All names or aliases must appear in the caption of the petition – omission is fatal to the
petition
  Purpose of publication: to apprise the public of the pendency of the petition so that those
who may know of any legal objection to it might come forward with the iformation in
order to determine the fitness of the petitioner…” (jurisdictional)
  A petition to change the name of an infant should be granted only where to do so is
clearly for the best interest of the child (petition filed by the mother)
  Insufficient grounds for change of name:
  Separation of spouses
  No proof of prejudice by use of official name
  Mere use and known y different name
  No proof hat true name evokes derisive laughter

RULE108
  Applies only to substantial changes and corrections in entries in the civil register. Under
Rep. Act No. 9048, a correction in the civil registry involving the change of sex is not a
mere clerical or typographical error. It is a substantial change for which the applicable
procedure is Rule 108 of the Rules of Court.
  Note: Te correction should not imply a change of status but a mere rectification of error;
there must be no increase or diminution of substantive right
  The child may not collaterally impugn his legitimacy as entered in the register in an
action of partition (purpose: declare him illegitimate); but he may file this petitioner
mother is not the latter’s child at all)
  A clerical error is one which is visible to the eyes or obvious to the understanding; an
error made by a clerk or a transcriber; a mistake in copying or writing, or a harmless
change such as a correction of name that is clearly misspelled or of a misstatement of
the occupation of the parent. Substantial or contentious alterations may be allowed only
in adversarial proceedings, in which all interested parties are impleaded and due
process is properly observed.
  Period to file petition: from discovery of error
  Purpose of proceedings: establish the status or right of a party, or a particular fact
  The recognition of the foreign divorce decree may be made in a Rule 108 proceeding
itself, as the object of special proceedings (such as that in Rule 108 of the Rules of Court)
is precisely to establish the status or right of a party or a particular fact. Moreover, Rule
108 of the Rules of Court can serve as the appropriate adversarial proceeding by which
the applicability of the foreign judgment can be measured and tested in terms of
 jurisdictional infirmities, want of notice to the party, collusion, fraud, or clear mistake of
law or fact.

RA 9048
  The correction of clerical or typographical error shall be availed of only once with
respect to a particular entry or entries in the same civil registry record. However, with
regard to the change of first name or nickname in the birth certificate, the privilege shall
be availed of only once subject to Rule 12 hereunder.

Examples
  But if your birth certificate shows Ma. Cecilia instead of Maria Cecilia – cannot be
corrected under 9048, it is not typographical error. You have to avail of Art. 103
  Corpuz and Corpus or Gutierrez and Gutierres – not typographical errors
   Another example: First name is Enrile and family name is Teodoro (baliktad diba?). If
interchanged, it is not innocuous. If it affects business relations or otherwise rights and
obligations, you have to go to 108
  The error is innocuous. (ex. Date of birth is 1989 but what appears is 1889; a woman
gave birth when she was 35yo but what appears is she gave birth when she was 5yo) –
clearly typographical error

  NOTE: But there are special cases where because of evidence presented were considered
under 9048, so it is now a matter of evidence. As long as you can support your claim,
and the best support would be also documents regarding the name of your parents,
brothers and sisters, grandparents. (Example: Their names are also Gutierrez and not
Gutierres). If you can prove that it was typographical error, it will fall under 9048.

http://lestatuesque.blogspot.com/2016/06/special-proceedings-rule-103-rule-108.html
Rule 103
CHANGE OF NAME
SECTION 1. Venue. A person desiring to change his name shall present
the petition to the Regional Trial Court of the province in which he resides, [or, in
the City of Manila, to the Juvenile and Domestic Relations Court].

SEC. 2. Contents of petition. A petition for change of name shall be signed

and verified by the person desiring his name changed, or some other person on his
behalf, and shall set forth:

(a) That 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;

(b) The cause for which the change of the petitioner's name is sought;

(c) The name asked for.

SEC. 3. Order for hearing. If the petition filed is sufficient in form and
substance, the court, by an order reciting the purpose of the petition, shall fix a
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 three (3) successive weeks in
some newspaper of general circulation published in the province, as the court
shall deem best. The date set for the hearing shall not be within thirty (30) days
prior to an election nor within four (4) months after the last publication of the
notice.

SEC. 4. Hearing. Any interested person may appear at the hearing and
oppose the petition. The Solicitor General or the proper provincial or city fiscal
shall appear on behalf of the Government of the Republic.

SEC. 5. Judgment. Upon satisfactory proof in open court on the date fixed
in the order that such order has been published as directed and that the allegations
of the petition are true, the court shall, if proper and reasonable cause appears for
changing the name of the petitioner, adjudge that such name be changed in
accordance with the prayer of the petition.

SEC. 6. Service of judgment. Judgments or orders rendered in connection

with this rule shall be furnished the civil registrar of the municipality or city
where the court issuing the same is situated, who shall forthwith enter the same in
the civil register.
Ayon sa kaso ng Supreme Court: A person can effect a change of name under Rule 103
(CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is
ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the
change results as a legal consequence such as legitimation; (c) when the change will
avoid confusion; (d) when one has continuously used and been known since childhood
by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a
Filipino name to erase signs of former alienage, all in good faith and without prejudicing
anybody; and (f) when the surname causes embarrassment and there is no showing that
the desired  change  of name was for a fraudulent purpose or that the change of name
would prejudice public interest." [Republic v. Hernandez, 323 Phil. 606, 637-638 (1996)]

Rule 108
CANCELLATION OR CORRECTION OF ENTRIES
IN THE CIVIL REGISTRY
SECTION 1. Who may file petition. Any person interested in any 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 the cancellation or
correction of any entry relating thereto, with the Regional Trial Court of
the province where the corresponding civil registry is located.
SEC. 2. Entries subject to cancellation or correction. Upon good and valid
grounds, the following entries in the civil register may be cancelled or corrected:
(a) births; (b) marriages; (c) deaths; (d) legal separations; (e) judgments of
annulments of marriage; (f) judgments declaring marriages void from the
beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural
children; (j) naturalization; (k) election, loss or recovery of citizenship; (l) civil
interdiction; (m) judicial determination of filiation; (n) voluntary emancipation of
a minor; and (o) changes of name.

SEC. 3. Parties. When cancellation or correction of an entry in the civil

register is sought, the civil registrar and all persons who have or claim any interest
which would be affected thereby shall be made parties to the proceeding.

SEC. 4. Notice and publication. Upon the filing of the petition, the court
shall, by an order, fix the time and place for the hearing of the same, and cause
reasonable notice thereof to be given to the persons named in the petition. The
court shall also cause the order to be published once a week for three (3)
consecutive weeks in a newspaper of general circulation in the province.

SEC. 5. Opposition. The civil registrar and any person having or claiming
any interest under the entry whose cancellation or correction is sought may,
within fifteen (15) days from notice of the petition, or from the last date of
publication of such notice, file his opposition thereto.
 SEC. 6. Expediting proceedings. The court in which the proceedings is
brought may make orders expediting the proceedings, and may also grant
preliminary injunction for the preservation of the rights of the parties pending
such proceedings.

SEC. 7. Order. After hearing, the court may either dismiss the petition or
issue an order granting the cancellation or correction prayed for. In either case, a
certified copy of the judgment shall be served upon the civil registrar concerned
who shall annotate the same in his record.