Change of Name in the Philippines

A name is part of every individual’s identity. It is how we get recognized and be alert when someone is trying to catch our attention. However, there are circumstances where you may want to change your name.

Processing a name change can be complicated. You may need guidance from a lawyer or a law firm in facing these complexities. At Duran & Duran-Schulze Law, we offer legal services that deal with the change of name. Our law office can assist you and guide you through the process.

Reasons for Change of Name

In the case of Wang v. Cebu City Civil Registrar, the Court enumerates the following reasons for a change of name:

• When the name is ridiculous, dishonorable, or extremely difficult to write or pronounce
• When the name change results as a legal consequences, as in legitimation
• When the change of name 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
• 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 

Eligible to Process for a Change of Name

Under Republic Act No. 9048, as amended by Republic Act No. 10172, any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of name in the Civil Registry may file in person. If a minor wishes for a name change, their parent or legal guardian must file a petition on their behalf. 

Two Types to Process a Name Change

There are two ways to process for a change of name in the Philippines:

a. Administrative Correction of Name 

An administrative process happens if the name change involves your first name, nickname, or minor clerical or typographical error. This must be processed with the Local Civil Registry Office (LCRO) where your Civil Registry document/s, such as Birth Certificate, is registered. If you are currently residing abroad, you may file a petition for a name change at the LCRO in your present area.

Please note that administrative process doesn’t involve court procedure, but seeking assistance from a lawyer could ease the process. 

b. Judicial Petition for Change of Name

A judicial process is required when the change of name involves substantial name change, such as changing your full given name and surname, or changing your surname to your maiden name after annulment, recognition of foreign divorce decree, nullity of marriage, or death of your husband. It is advisable to consult with a lawyer to be guided with the requirements and court procedure.  

Please note that you may continue to use your husband’s surname even if he is deceased or got separated.

Duration Process for Change of Name

Processing a name change may vary whether it is through an administrative or judicial process. Administrative process usually takes a few months or even longer, depending on the number of petitions your Local Civil Registry receives. While, the judicial process may take longer depending on the complexity of your case, court schedule, and the court’s caseload.