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Change of name
It is a special proceeding to establish a person involving his relation with others, that is, his legal position in, or with
regard to, the rest of the community. It is a proceeding in rem and, as such, strict compliance with jurisdictional
requirements, particularly on publication, is essential in order to vest the court with jurisdiction therefor. For this
purpose, the only name that may be changed is the true or official name as recorded in the civil register. (Republic v. Court
of Appeals, G.R. No. 97906, May 21, 1992, 209 SCRA 189.)
Name
The name of an individual has two parts: (1) the given or proper name and (2) the surname or family name. The given
or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals.
The surname or family name is that which identifies the family to which he belongs and is continued from parent to child.
The given name may be freely selected by the parents for the child, but the surname to which the child is entitled is fixed
by law. (In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31, 2005.)
The real name of a person is that given him 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, or which he has adopted, and that the only remedy left to him in case he
desires to change his name in the register, which is his official name, is for him to file the special proceedings embodied
in Rule 103 of the Rules of Court. (Chomi v. Civil Registrar of Manila, G.R. No. L-9203, September 28, 1956.)
The State has an interest in the names borne by individuals and entities for purposes of identification, and that a change
of name is a privilege and not a right, so that before a person can be authorized to change his name given him either in
his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may
justify such change. Otherwise, the request should be denied. (In re: Petition for change of name and/or
correction/cancellation of entry in civil registry of Julian Lin Carulasan Wang also known as Julian Lin Wang, to be
amended/corrected as Julian Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005.)
A change of name granted by the court affects only a petitioner. A separate petition for change of name must be filed for
his/her spouse and children. Section 2 of Rule 103 of the Revised Rules of Court provides that a petition for a change of
name shall be signed and verified by the person desiring his name to be changed, or some other person in his behalf.
There is need therefore for a separate petition to be filed by the [spouse], who is already of age, in her own behalf and in
behalf of her minor children. (Secan Kok v. Republic, G.R. No. L-27621, August 30, 1973.)
Aliases
All aliases of the applicant must be set forth in the petition‘s title. Such defect is fatal, even if said aliases are contained
in the body of the petition. (Go Chiu Beng v. Republic, G.R. No. L-29574, August 18, 1972.)
The broad general doctrine is that the status of an alien individual is governed and controlled by the lex domicilii. Implicit
in this precept is that an alien may be allowed to change his name here only if he be domiciled in the Philippines. And
"domicile" means "permanent home, the place to which, whenever absent for business or pleasure, one intends to return,
and depends on facts and circumstances, in the sense that they disclose intent." (Huan Tin v. Republic, G.R. No. L-20997,
April 27, 1967.)
Legal Separation, NOT a ground for change of name under Rule 103
It is doubtful whether Rule 103 of the Rules of Court, which refers to change of name in general, may prevail over the
specific provisions of Article 372* of the New Civil Code with regard to married women legally separated from their
husbands. Even, however, applying Rule 103, the fact of legal separation alone is not sufficient ground to justify a change
of name, because to hold otherwise, would be to provide an easy circumvention of the mandatory provisions of said
Article 372. (Laperal v. Republic, G.R. No. L-18008, October 30, 1962.)
[*When legal separation has been granted, the wife shall continue using her name and surname employed before the legal
separation. (CIVIL CODE, Article 372.)]
Adoptee’s Name
A decree of adoption grants the adoptee the right to use the adopter’s surname but not to change the former’s first name
which relief must be sought in a discrete petition under Rule 103. (Republic v. Hernandez, G.R. No. 117209, February 9,
1996.) However, the new rule laid down by Sections 7(6) and 10 of A.M. No. 02-6-02-SC, approved on July 31, 2002, the
application for change of name of the adoptee can be included in the petition for adoption.
Importance of Publication
The proceeding under Rule 103 is also an action in rem which requires publication of the order issued by the court
to afford the State and all other interested parties to oppose the petition. When complied with, the decision binds
not only the parties impleaded but the whole world. As notice to all, publication serves to indefinitely bar all who might
make an objection. “It is the publication of such notice that brings in the whole world as a party in the case and vests the
court with jurisdiction to hear and decide it.” (Republic v. Merlyn Mercadera, G.R. No. 186027, December 8, 2010; See also
Republic v. Court of Appeals, supra.)
RULE 108.
*Rule 108 concerns SUBSTANTIAL CHANGES in entries in the civil registry, excluding name which is governed by Rule
103.
[*No entry in a civil register shall be changed or corrected, without a judicial order. (CIVIL CODE, Article 412.)]
R.A. 9048, as amended by R.A. 10172.
(R.A. 9048 approved on March 22, 2001)
(R.A. 10172 approved on August 15, 2012)
Correcting Surnames
R.A. 9048 does not cover clerical error on surnames. Where the entry to be corrected is that of a surname, even if the
error is merely clerical and will not affect the status, citizenship, or filiation of the person, it must be done judicially.
(Batbatan v. Office of the Civil Registrar, G.R. No. L-33724, November 29, 1982, 118 SCRA 745.)
All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only
once. (Section 3)
CASES.
Silverio v. Republic
562 Phil. 953 (2007)
FACTS:
Petitioner filed a petition for the change of his first name and sex in his birth certificate from “Rommel Jacinto” to “Mely”,
and “Male” to “Female”, respectively, due to the fact that he underwent sex reassignment surgery in Bangkok and was
engaged to be married.
ISSUE:
(1) Whether or not a person’s first name can be changed on the ground of sex reassignment.
(2) Whether or not a person’s sex can be changed on the ground of sexual reassignment.
HELD:
In both issues, the Supreme Court held no.
(1) Petitioner’s basis in praying for the change of his first name was his sex reassignment. He intended to make his first
name compatible with the sex he thought he transformed himself into through surgery. However, a change of name does
not alter one’s legal capacity or civil status. RA 9048 does not sanction a change of first name on the ground of sex
reassignment. Rather than avoiding confusion, changing petitioner’s first name for his declared purpose may only create
grave complications in the civil registry and the public interest. Before a person can legally change his given name, he
must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that
he will be prejudiced by the use of his true and official name. In this case, he failed to show, or even allege, any prejudice
that he might suffer as a result of using his true and official name.
(2) No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment. RA 9048 only
allows correction of clerical or typographical errors. A correction in the civil registry involving the change of sex is not a
mere clerical or typographical error. The birth certificate of petitioner contained no error. All entries therein, including
those corresponding to his first name and sex, were all correct. No correction is necessary.
People v. Cagandahan
586 Phil. 637 (2008)
FACTS:
Petitioner filed for change of her first name and sex in her birth certificate from “Jennifer” to “Jeff”, and “Female” to “Male”,
respectively, due to the effect of Congenital Adrenal Hyperplasia, which is a condition where persons thus afflicted
possess both male and female characteristics.
ISSUES:
Whether or not intersexuality is a valid ground for change of name and change of entry of sex in the civil registry.
HELD:
Yes. Where the person is biologically or naturally intersex the determining factor in his gender classification would be
what the individual, having reached the age of majority, with good reason, thinks of his sex. Sexual development in cases
of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such persons
is fixed.
Failure to implead the local civil registrar as well as all persons who have or claim any interest did not render the petition
fatally defective. Cagandahan furnished the local civil registrar a copy of the petition, the order to publish, and all
pleadings, orders or processes in the course of the proceedings. There was therefore substantial compliance of the
provisions of Rules 103 and 108 of the Rules of Court.
DISTINGUISH RULE 103, RULE 108, AND R.A. 9048 (as amended by ..
REFERENCES.
Regalado, Atty. Florenz D. “Remedial Law Compendium.” Vol. II. 11 th ed. 2008.
Festin, Atty. Gemy Lito L. “Special Proceedings: A Foresight to the Bar Exam.” 2 nd ed. October 2013.
National Statistics Office Website. “Civil Registry Laws.” <http://www.census.gov.ph/civilregistration/civil-
registration-laws>.
RULES OF COURT, Rules 103 and 108.
REPUBLIC ACT 9048, July 24, 2000.
REPUBLIC ACT 10172, August 15, 2012.
R.A. 9048 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2001).
R.A. 10172 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2012).
Cases as cited.