When Jose Martin was born, a sudden illness led his family to believe he had been visited by malevolent spirits. To protect him, his parents renamed him Balthazar, and he became known as “Bal” throughout his childhood. While the new name brought comfort and reflected local beliefs, it created complications later in his life: official documents—birth certificate, school records, and government IDs—still bore Jose Martin, thus causing confusion in legal, educational, and formal matters.
This tension between the name he was given by tradition and the name recognized by law illustrates a broader challenge in the Philippines. Bal’s experience highlights how deeply rooted cultural practices and superstitions can intersect—and sometimes conflict—with legal requirements, providing a lens to examine the complex relationship between Filipino naming traditions and the regulations governing name changes.
The Evolution of Naming Practices in the Philippines
Historically, native Filipinos derived their names from elements of nature. However, this changed during the Spanish colonial period when they were baptized and given Christian names. Common examples include Juan (from St. John), Maria (from the Virgin Mary), Jesus (from Jesus Christ), and Jose (from St. Joseph). Multiple given names also became a trend but still incorporated at least a saint’s name, such as Maria Clarisa, Juan Miguel, and Jose Vicente.
When Americans came, they introduced another shift in naming practices. Filipino names began blending Spanish and American influences—Joseph replaced Jose, Mary replaced Maria, and John replaced Juan. Soon, the influence of religion declined, and names began to reflect American popular culture, particularly Hollywood figures.
Fast forward to contemporary times, Filipino names have become increasingly diverse and inventive. They may combine parents’ names, refer to places or events, or draw inspiration from objects, symbols, or even unconventional spellings. Despite these variations, experts note that naming practices continue to mirror the social history of each era, reflecting the nation’s evolving cultural identity.
The Role of Nicknames in Filipino Identity
Apart from given names, nicknames also play a significant role in shaping personal and social identity in the Philippines. Common examples, such as Boy, Girly, or well-known political monikers like Digong, Joker, P-Noy, and Bongbong, illustrate how deeply ingrained this practice is in Filipino culture. To outsiders, many of these nicknames may sound peculiar or even amusing, yet they carry social meaning and familiarity within the local context (Harvey, 2016; Mendoza, 2021).
Filipino nicknames exist on a wide spectrum and are typically reserved for informal interactions among family and close friends. Consequently, a single individual may be known by multiple names depending on the social setting. These nicknames can take many forms: shortened versions of given names (e.g., Mar for Mario); the first syllable modified with a suffix such as -s or -z (e.g., Mars); or creative combinations of syllables from full names (e.g., Jomari for Jose Mario). Others may bear nicknames unrelated to their formal names, chosen instead for their sound, humor, or sentimental value. Some adopt playful forms such as syllable repetition (e.g., Mak Mak), references to food (e.g., Siopao), or adjectives (e.g., Tisoy).
Nicknames may also evolve to suit social or geographic contexts. For instance, someone known as Roberto in the province might anglicize his name to Rob or Robert after moving to the city. Similarly, Jose may become Joe, and Guillermo may adopt the English equivalent Bill.
Generally, the Filipino practice of using nicknames reflects the culture’s warmth, adaptability, and value for personal connection—where names are not merely identifiers but dynamic expressions of identity and belonging.
The Introduction of Surnames in the Philippines
Long before the arrival of the Spaniards, native Filipinos did not use family names in the manner of the European system. This changed through the efforts of Governor-General Narciso Clavería y Zaldúa, who issued the Decree of November 21, 1849, which mandated the systematic distribution and adoption of surnames among the native population. To facilitate this, the Spanish colonial government compiled the Catálogo Alfabético de Apellidos, a comprehensive list of approved family names from which Filipinos could either select or be assigned names.
The implementation of this decree served important administrative purposes under the Spanish colonial regime. It enabled more efficient management of community taxes (cédula), census records, and population monitoring, thereby strengthening the colonial bureaucracy (Cáceres, 2010).
Under the Spanish system, individuals typically bore dual given names followed by both paternal and maternal surnames, connected by the conjunction y (or e before vowels)—for example, Jose Pineda y Márquez. However, the American occupation introduced the English naming convention, simplifying the format to a given first name, a middle name, and a paternal last name.
Filipino Superstitions and Beliefs About Naming
As discussed, the influence of saints and religious figures on naming is prevalent in the Philippines. Parents often name children after saints not only out of devotion but also as protective measures, believing that the saints will guide and guard them throughout life.
Interestingly, names are also intertwined with cultural beliefs and superstitions. One widespread superstition is that giving children unusual or “difficult” names can protect them from evil or misfortunes. Filipino parents sometimes deliberately gave names with negative and unflattering connotations to confuse malevolent spirits that might seek to harm the child.
Another common belief relates to the practice of name alteration or change during times of illness or misfortune. It is not unusual for parents to modify a child’s name slightly, add a syllable, or use a nickname in the hope of diverting bad luck. This is particularly prevalent in rural areas, where folk remedies and protective rituals are more commonly observed.
From Tradition to Trouble: How Cultural Practices and Superstitions Cause Legal Challenges
The widespread use of nicknames, diminutives, and alternative names—rooted in superstition, folk beliefs, and cultural traditions—can sometimes create legal complications. While these practices are socially and culturally accepted, they occasionally conflict with the formal requirements of civil registry documents and other legal processes.
Inconsistencies between a person’s legal name and the name commonly known by, such as nicknames, altered names, or anglicized versions, can affect passport applications, bank accounts, school records, property deeds, and other legal transactions. In some cases, a person may need to undergo an administrative or judicial name change to reconcile commonly used names with the official records.
For example, if a birth certificate contains a name different from the one used in daily life, it may require notarized affidavits or court orders to prove identity. Repeated informal name changes, even if culturally accepted, can be perceived by authorities as irregularities, potentially delaying government processing or creating disputes over legal identity.
Under Philippine law, citizens are required to adhere to specific naming conventions in all official documents, including passports and government IDs. These rules are outlined in the Civil Code of the Philippines (R.A. 386) and govern how names should be used and recorded in legal and administrative contexts.
For instance, according to Article 364, legitimate and legitimated children shall principally bear the surname of their father. Meanwhile, Article 370 provides that a married woman has several options in using her husband’s surname. She may retain her maiden first name and surname and add her husband’s surname, use her maiden first name and her husband’s surname, or use her husband’s full name preceded by a word indicating that she is his wife, such as “Mrs.”
Our lawyers at Duran & Duran-Schulze Law provide assistance with both administrative and judicial name change processes in the Philippines.
Correcting and Changing Names in the Philippines: A Legal Overview
Several laws govern the corrections and changes of names and other entries in birth certificates in the Philippines. These legal provisions distinguish between administrative corrections, which may be done without judicial intervention, and judicial corrections, which require court orders.
Republic Act No. 9048, or the Clerical Error Law, allows the correction of clerical or typographical errors and the change of first names or nicknames in the civil register without the need for a judicial order. These corrections are made through the Local Civil Registry Office (LCRO), where the birth certificate was registered. The law applies only to harmless and innocuous errors, such as misspelled names or mistakes in birth dates, which do not affect a person’s civil status, nationality, or legitimacy.
Republic Act No. 10172, which amends R.A. 9048, extends the scope of administrative correction to include errors involving a person’s sex or the day and month of birth. However, such corrections are allowed only when the mistake is clearly clerical or typographical in nature. For instance, a correction of sex may be granted if it is evident that the entry was made in error and not as a result of a medical or surgical gender reassignment.
In contrast, Rule 108 of the Rules of Court, known as the Cancellation or Correction of Entries in the Civil Registry, provides for a judicial process. Under this rule, 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 with the Regional Trial Court (RTC) where the relevant civil registry is located. Entries subject to cancellation or correction may be births, marriages, deaths, legal separations, judgments of annulments of marriage, judgments declaring marriages void from the beginning, legitimations, adoptions, acknowledgments of natural children, naturalization, election, loss or recovery of citizenship, civil interdiction, judicial determination of filiation, voluntary emancipation of a minor, and changes of name. The process ensures that due notice and hearing are observed before any amendment is made.
Additionally, Presidential Decree No. 651 mandates that all births and deaths be registered within 30 days of their occurrence. If a birth was not registered within this period, a delayed registration of birth must be filed, and the late registration will be duly annotated on the birth certificate.
Corrections of Clerical Errors
Section 1 of Republic Act No. 10172, as amended, provides that “no entry in a civil register shall be changed or corrected without a judicial order, except for clerical or typographical errors and change of first name or nickname, the day and month in the date of birth, or sex of a person where it is patently clear that there was a clerical or typographical error or mistake in the entry, which can be corrected or changed by the concerned city or municipal civil registrar or consul general in accordance with the provisions of this Act and its implementing rules and regulations.”
In essence, this provision distinguishes between substantial corrections, which require judicial approval, and minor administrative corrections, which may be made directly through the local civil registrar.
A clerical or typographical error refers to a harmless and evident mistake committed in writing, copying, transcribing, or typing an entry in the civil register. Such errors can be verified and corrected by referring to existing official records, provided that the amendment does not affect the individual’s nationality, legitimacy, or age.
Examples of these correctable errors include misspelled names, misplaced entries, incorrect recording of sex, erroneous dates, inaccurate maternal age, wrong date or place of the parents’ marriage, improper use of the mother’s married name, or an incorrect place of birth. These seemingly minor inaccuracies, though harmless, are essential to rectify to maintain the integrity and reliability of civil registry documents.
Administrative Change of Name
Beyond clerical or typographical errors, which may be corrected by the Local Civil Registry Office (LCRO), Philippine law also allows for the change of first names and nicknames through an administrative process. Under R.A. 9048, as amended, a person may file a petition for such a change on specific grounds.
A petition may be granted if the petitioner finds that his or her first name or nickname is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce. It may also be approved if the petitioner has habitually and continuously used another first name or nickname by which he or she has been publicly known in the community. Lastly, a change may be allowed if it will help avoid confusion. These provisions recognize the practical and social implications of personal names and aim to prevent embarrassment or misidentification.
Once a petition for change of first name or nickname is approved by the LCRO and affirmed by the Civil Registrar General (CRG), the civil registrar shall annotate the fact of the approved change on the petitioner’s birth certificate. Importantly, no original entry in the birth record may be erased, canceled, or physically altered. Instead, the correction must be reflected through a marginal annotation, preserving the integrity of the original document. This principle is consistent with a ruling of the Supreme Court, which held that when a change of name is authorized, the original entry must remain intact, and only the corresponding annotation should be made to indicate the approved modification.
Judicial Change of Name
A judicial change of name, governed by Rule 103 of the Rules of Court, involves filing a petition before the court and is reserved for substantial changes that affect a person’s legal identity. Unlike administrative corrections handled by the Local Civil Registry Office (LCRO), judicial petitions require the oversight of the judiciary to ensure that the change is justified, made in good faith, and does not prejudice public interest.
Courts generally consider petitions for a change of name under several circumstances. These include situations where the existing name is ridiculous, dishonorable, or extremely difficult to write or pronounce; when the change results as a legal consequence, such as through legitimation; or when it will help avoid confusion. Other valid grounds include cases where a person has, since childhood, continuously used and been known by a Filipino name and was unaware of foreign parentage, or when one sincerely desires to adopt a Filipino name to remove any sign of alienage, provided the change is made in good faith. Additionally, a name may be changed if the surname causes embarrassment, as long as there is no indication that the request is made for fraudulent purposes or would otherwise harm public interest.
The judicial process begins with the assistance of a lawyer, who prepares and files the necessary petition, affidavits, and supporting documents before the Regional Trial Court (RTC). Upon filing, the court issues an order for the petition to be published in a newspaper of general circulation once a week for three consecutive weeks to inform the public. Hearings are then conducted where the petitioner, represented by counsel, presents evidence to substantiate the request.
If the court finds the petition well-founded and the reasons sufficient, it issues an order granting the change of name. This judicial order then authorizes the corresponding correction or amendment in the civil registry, ensuring that the change is both legally recognized and properly recorded.
Final Thoughts: Balancing Cultural Practices and the Law
Undoubtedly, names carry profound cultural, familial, and spiritual significance. Practices such as adopting nicknames, modifying given names for protection, or selecting unconventional names reflect a vibrant tapestry of traditions and beliefs that continues to shape Filipino identity. These customs are widely respected and play an important role in social and personal expression.
However, the legal system imposes clear requirements to ensure that names in official records are consistent, verifiable, and compliant with civil law. Whether through administrative adjustments or judicial processes, any correction or change of a name must satisfy legal standards, striking a balance between cultural practices and the need for accurate documentation.
In essence, while cultural and superstitious naming practices are valued and preserved, they must align with legal norms. Philippine law provides mechanisms to reconcile tradition with official recognition, enabling individuals to honor their heritage while securing their legal identity.
For legal consultations and service inquiries regarding administrative and judicial name changes in the Philippines, call us at (02) 8478-5826 (landline) or +639171940482 (mobile), or email info@duranschulze.com.
