Dale Carnegie, an American writer and teacher, said that a person’s name is the sweetest and most important sound in any language. A name is part of every individual’s identity. This explains why you suddenly feel alert when someone calls your name despite the noises going around you. We are conditioned to respond to the sound of our names even since birth. However, some individuals do not like their names due to different reasons.
In this article, you will learn the reasons why someone would like to change their name, and the requirements and court process for changing a name in the Philippines.
What are the Grounds for Change of Name?
If you wish to legally change your name, you must present a compelling reason. In Wang v. Cebu City Civil Registrar (G.R. No. 159966), the Court enumerates the grounds for change of name:
- When the name is ridiculous, dishonorable, or extremely difficult to write or pronounce;
- When the change results as a legal consequences, as in legitimation;
- When the change will avoid confusion;
- When one has continuously used and been known since childhood by a Filipino name, and was unaware of their foreign biological parent;
- A sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody; and
- 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.
What are the Requirements for Change of Name?
To change your name through a judicial petition, you will need the assistance of a lawyer since the case should be filed in the Regional Trial Court. Additionally, you must submit the following documents:
- Certified True Copy of PSA Birth Certificate
- Affidavit stating the reason for name change
- Proof of publication of the petition
- Any of the following supporting documents:
- NBI Clearance and Police Clearance
- Baptismal Certificate
- Marriage Certificate
- School Records
- Employment Certificate
- Valid IDs
- Other evidence supporting the reason for the change
Does Change of Name Need Court Procedures?
Yes, court procedure is necessary if you will change your full given name or surname and if a married woman wants to revert to her maiden name after annulment, nullity of marriage, recognition of foreign divorce decree, or death of her husband.
How to Process Change of Name through Judicial Petition?
Processing a change of name through a judicial petition can be stressful and challenging. Consulting with a lawyer is necessary to avoid any potential challenges along the way.
A petition for change of name must be filed with the Regional Trial Court where you reside for three (3) years prior to filing. Ensure to submit supporting documents along to your petition to strengthen your case for name change.
After filing the petition and submitting the required documents, the court will schedule the hearings where you must attend with your lawyer. If the court finds merit in your petition, they will grant your request for a change of name.
It is important to remember that changing a name with court proceedings may take longer depending on the complexity of the case and court schedule.
Can I Change My Surname from My Father’s to My Mother’s?
Yes, you can change your surname from your father’s to your mother’s if your father has completely abandoned you and is no longer involved in your life, and if he fails to fulfill his financial obligations toward you. If your safety is at risk, such as domestic violence or abuse, you may adopt your mother’s last name to protect you from harm.
Additionally, illegitimate children have the right to carry their mother’s surname, as stated in Article 176 of the Republic Act No. 9255. In cases where your mother remarries and your stepfather wishes to adopt you, you may change your surname to his. Essentially, your parent or a guardian must file on your behalf especially if you are a minor.
How to Change My Surname After Marriage?
Changing your last name after marriage does not need to undergo court procedure. However, you must visit the government offices to update your personal information, such as your name, civil status, and address (if applicable). Note that you must have a Marriage Certificate issued by the Philippine Statistics Authority (PSA) since this is the most important document to prove that your marriage is legal.
Can I Not Use My Husband’s Surname After Marriage?
Yes, in the case of Remo vs Secretary of Foreign Affairs (G.R. No. 169202), the Supreme Court explained that once a woman is married, she does not change her name but only her civil status. However, if you wish to adopt your husband’s last name but also want to retain your maiden surname then you may have a hyphenated surname (e.g. Santos-Dela Cruz).
Can Transgenders in the Philippines Change Their Name and Gender?
The Supreme Court has been very strict in cases involving change of name. In the case of Silverio v. Republic (G.R. No. 174689), the Supreme Court ruled that Republic Act No. 9048 does not sanction change of name on the ground of sex reassignment. However, you may change your name by filing with the Local Civil Registry Office where your certificate of live birth is registered.
On the other, changing your gender due to sex reassignment is not yet allowed under Philippine law. Only in cases of clerical or typographical error, which should be filed with the Civil Registry Office where your certificate of live birth is registered.
Need further information and assistance regarding Change of Name? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
