Rule 103

Change of Name
 RULE 103 RULE 108 R.A. No. 9048 R.A. No. 10172
Change of Name Cancellation/Correction Clerical Error Act Amendment to R.A.
in the Entries in the No. 9048
Civil Registry

Change of Full name Change or corrections Change of first name Correction of clerical or
(Substantial in the civil entries and nickname and civil typographical errors in
corrections) (Substantial entries (only the day and month in
Corrections) typographical errors) the date of birth or sex
of a person

Judicial Proceeding Summary Proceeding Administrative Administrative

Proceeding proceeding

2 Comparison Table (pg. 406-413 of the book)

❑ Section 1. Venue
❑ Section 2. Contents of petition
❑ Section 3. Order for hearing
❑ Section 4. Hearing
❑ Section 5. Judgment
❑ Section 6. Service of Judgment

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 PROCEDURE FOR CHANGE OF NAME UNDER RULE 103
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Petition for Change of Name

Court order fixing the date and place of hearing

Publication of the court order fixing the date and place

of hearing, at least once a week for 3 consecutive
weeks in newspaper of general circulation

Hearing on the Petition

Judgment granting/ denying the change of name.

Copy of the judgment shall be served upon the civil
registrar, who shall annotate the same
 APPLICABILITY OF RULE 103
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❑ An alien can petition ❑ Legal separation is not a
for change of name but ground for the female
he must be domiciled in spouse for a change of
the Philippines. name under Rule 103.
❑ The name that can be ❑ Sex reassignment is not
changed is the name a valid ground to change
that appears in the civil one’s name.
register, and not in the ❑ A change of name
baptismal certificate. granted by the court
affects only a petitioner.
 1

Section 1. VENUE
✓ RTC of the province where the petitioner resides, or
✓ City of Manila, to the Juvenile and Domestic Relations
Court
 Sec. 1. Venue
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❑ A change of name is a ❑ The State has an interest
proceeding in rem.
Jurisdiction to hear and
determine the petition
for change of name is
acquired after due
publication of the order
containing certain data
(Secan Kok v. Republic).
in the names borne by
individuals and entries
for purposes of
identification, and that a
change of name is a
privilege and not a
right (In Re: Juan Lin
Wang v. Cebu City Civil
Registrar).
 2

Section 2. CONTENTS OF
PETITION
 Sec. 2. Contents of Petition
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1) That petitioner is a bona fide resident of the
province where petition is filed for at least three
years prior to the date of filing;
2) Cause for change of name;
3) Name asked for;
4) All names by which petitioner is known (Secan
Kok v. Republic)
 Jurisdictional requirements
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1. The verified petition should be published for 3 successive

weeks in some newspaper of general circulation in the province;
2. Both the title or caption of the petition and its body shall
recite:
a. Name/names of aliases of the applicant;
b. Cause for which change of name is sought;
c. New name asked for
 3

Section 3. ORDER OF HEARING

Hearing shall not be within 30 days prior to an election nor
within 4 months after the last publication of notice of
hearing.
 Sec. 3. Order of Hearing
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❑ The court shall promulgate an order:

1. Recital of the purpose of the petition;
2. Fix the date and place of hearing; and
3. Direct that a copy of the order be published before the hearing
for once a week for three consecutive weeks in the newspaper of
general circulation
 Grounds for Change of Name
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1. Name is ridiculous, tainted with dishonor or extremely difficult to
write or pronounce;
2. Consequence of a change of status;
3. Habitual and continuous use and has been known since childhood
by a Filipino name, unaware of her alien parentage;
4. A sincere desire to adopt a Filipino name to erase signs of former
alienage, all in good faith and without prejudicing anybody;
5. Necessity to avoid confusion; or
6. 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.
 4

Section 4. HEARING
Who may oppose the petition:
❑ Any interested person;
❑ The republic of the Philippines through the Solicitor
General or the proper provincial or city prosecutor.
 5

Section 5. JUDGMENT
Upon satisfactory proof in the open court on the date fixed in
the order that such order has been published as directed and
that the allegations are true
 6

Section 6. SERVICE OF
JUDGMENT
Civil Registrar of the city or municipality where the court is
situated shall be furnished with a copy of the judgment.
 Consequence of a Grant of Change Name
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A mere change of name would not
cause a change in one’s existing
family relations, nor create new
family rights and duties where none
exists before (Ang Chay v. Republic).
 Grande vs Antonio
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DOCTRINE: It is not the father (herein respondent
or the mother (herein petitioner) who is granted by
law the right to dictate the surname of their
illegitimate children. It would be his/her best interest
to choose whether to use the surname of the father or
the mother.
 Republic vs Coseteng-Magpayo
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DOCTRINE: The change being sought in respondent’s petition
goes so far as to affect his legal status in relation to his parents. It
seeks to change his legitimacy to that of illegitimacy. Rule 103
then would not suffice to grant respondent’s supplication.
Since respondent’s desired change affects his civil status
from legitimate to illegitimate, Rule 108 applies. A petition for a
substantial correction or change of entries in the civil registry
should have as respondents, the civil registrar, as well as all
other persons who have or claim to have any interest that would
be affected thereby.
 Republic vs Capote
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DOCTRINE: Giovanni is entitled to change his
name as he was never recognized by his father while
his mother has always recognized hm as her child. A
change of name will erase the impression that he was
ever recognized by his father. It is also to his best
interest as it will facilitate his mother’s intended
petition to have him join her in the United States. This
Court will not stand in the way of the reunification of
mother and son.
 Wang vs Cebu City Civil Registrar
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DOCTRINE: In the case at bar, the only reason
advanced by petitioner for the dropping of his middle
name is convenience. However, how such change of
name would make his integration into Singaporean
society easier and convenient is not clearly
established. That the continued use of his middle
name would cause confusion and difficulty does not
constitute proper and reasonable cause to drop it from
his registered complete name.
Thanks!
Ilustre, France Bienelle C.

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