SPECIAL PROCEEDINGS COMPARATIVE TABLE
ACTION RULE 103
Name of Law Change of Name
Subject Matter Change of full name (substantial Change or correction in the civil
corrections)
Who ma y file A person desiring to change his
name. (Sec. 1)
Venue RTC of the province wherein the
petitioner resides for three (3)
years prior to filing, or, in the
City of Manila, to the Juvenile
and Domestic relations Court
Contents of Petitions (a) that the petitioner has been
bona fide resident of the
province where the petition is
RULE 108
Cancellation / Correction of
Entries in the Civil Registry
registries (substantial
corrections)
Any person interested in any act,
event, order or decree
concerning the civil status of a
persons which has been
recorded in the civil register.
(Sec. 1)
RTC of city or province where the
corresponding civil registry is
located.
(a) that the petitioner has been
bona fide resident of the
province where the petition is
R.A. 9048
Clerical Error Act
Change of first name and
nickname and civil entries (only
typographical or clerical errors)
Any person having direct and
personal interest in the
correction of a clerical
typographical error in an entry
and/or change of first name or
nickname. (Sec. 3)
1. Local civil registry office of the
city or municipality where the
record being sought t be
corrected changed is kept;
2. Local civil registrar of the
place where the interested party
is presently residing or
domiciled;
3. Philippine Consulates.
(a) Facts necessary to establish
the merits of the petition;
R.A. 10172
Amendment to R.A. 9048
Correction of clerical or
typographical errors in the day
or month in the date of birth or
sex of a person
Same in R.A. 9048
1. Local civil registry office of the
city or municipality where the
record being sought t be
corrected changed is kept;
2. Local civil registrar of the
place where the interested party
is presently residing or
domiciled;
3. Philippine Consulates.
(a) Facts necessary to establish
the merits of the petition;
filed for the last three (3) years
prior to the date of such filing;
(b) The cause for which the
change of the petitioner’s name
is sought;
© The name asked for. (Sec. 2)
filed for the last three (3) years
prior to the date of such filing;
(b) The cause for which the
change of the petitioner’s name
is sought;
©The name asked for. (Sec. 2)
(b) Particular erroneous entry or
entries, which are sought to be
corrected and/or the change
sought to be made.
The petition shall be supported
with the following documents:
(1) A certified true 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 public or private
documents showing the correct
entry or entries upon which the
correction or change shall be
based;
and
(3) Other documents which the
petitioner or the city or
municipal civil registrar or the
consul general may consider
relevant and necessary for the
approval of the petition. (Sec. 5)
(b) Particular erroneous entry or
entries, which are sought to be
corrected and/or the change
sought to be made.
The petition shall be supported
with the following documents:
(1) A certified true 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 public or private
documents showing the correct
entry or entries upon which the
correction or change shall be
based;
and
(3) Other documents which the
petitioner or the city or
municipal civil registrar or the
consul general may consider
relevant and necessary for the
approval of the petition. (Sec. 3)
No petition for correction of
erroneous entry concerning the
date of birth or the sex of a
person shall be entertained
except:

Grounds 1. name is ridiculous, tainted
with dishonor and extremely
difficult to write or pronounce;
2. consequence of change of
status;
Upon good and valid grounds,
the following entries in the civil
register may be cancelled or
corrected.
1. The petitioner finds the first
name or nick name to be
ridiculous, tainted with dishonor
and extremely difficult to write or
pronounce;
2. The new first name or nick
name has habitually and
continuously used by the
petitioner and he has been
publicly known by that first
- if the petition is accompanied
by earliest school record or
earliest school documents such
as, but not limited to medical
records, baptismal certificate
other documents issued by
religious authorities; nor shall
any entry involving change of
gender 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. Furthermore, the
petitioner shall submit a
certification from the
appropriate law enforcement
agencies that he has no pending
case or criminal record.
Clerical or typographical error
 name or nick name in the
community or:

3. Necessity to avoid confusion: 3. The change will avoid

confusion (Sec. 4)

4. Having continuously used and

had been known since childhood
of a Filipino name, unaware of
her alien parentage;

5. a sincere desire to adopt a

Filipino name to erase signs of
former alienage all in good faith
and without prejudicing
anybody.

Kind of Proceeding Judicial Proceeding Summary proceeding Administrative proceeding Administrative proceeding

This can be converted to an

adversarial proceeding if there
are substantial changes and
affect the status of an individual

What to File File a signed and verified File a verified petition for the File an affidavit File an affidavit.
petition. cancellation or correct of any
entry. The petition and 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 – the Office of the

Civil Registrar General

Third copy – to the petitioner.

Notice and Publication At least once a week for three (3) At least once a week for three (3) At least once a week for two (2) At least once a week for two (2)
consecutive weeks in some consecutive weeks in some consecutive weeks (publish the consecutive weeks in some
newspaper of general circulation newspaper of general circulation whole affidavit) newspaper of general circulation
(notice of hearing) (notice of hearing)

Posting No posting No posting Duty of the civil registrar or No posting

Consul to post the petition in a
conspicuous place for ten (10)
consecutive days

Who Participate on the Part of The Solicitor General or the The Civil Registrar The Civil Registrar or the Consul. Same in R.A. 9048
the Government proper provincial or city fiscal
shall appear on behalf of the
Government of the Republic

Where to Appeal Appeal the decision to the Court Appeal the decision to the Court Appeal the decision to the Civil Same in R.A. 9048
of appeals. of appeals. Registrar General (head of
NCSO)

Payment of fees No provision as to payment of No provision as to payment of The city or municipal civil The city or municipal civil
fees fees registrar or the consul general registrar or the consul general
shall be authorized to collect shall be authorized to collect
reasonable fees as a condition reasonable fees as a condition
for accepting the petition. An for accepting the petition. An
indigent petitioner shall be indigent petitioner shall be
exempt from the payment of the exempt from the payment of the
said fees. said fees.

The fees collected by the city or

municipal civil registrar or the
consul general pursuant to this
Act shall accrue to the funds of
the Local Civil Registry Office
concerned or Office of the
Consul General for the
modernization of the office and
hiring of new personnel and
procurement of supplies,
subject to government
accounting and auditing rules.