Filing a petition for a name change under Philippine law

Republic Act (RA) 9048 gives authority to the city, the consul general, or municipal civil registrar to make corrections on clerical/typographical errors in an entry, and/or change an individual’s first name or nickname in the civil register without requiring a judicial order.

Articles 376 and 412 under the Civil Code of the Philippines are amended by RA 9048 to prohibit any changes in the name or surname of an individual, or any changes of entries in a civil register without a judicial order.

Conditions under RA 9048

According to the Philippine Statistics Authority, a person may file a petition for a name change as long as he or she complies with the following:

(1) The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce;

(2) The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or,

(3) The change will avoid confusion.

Eligibility

Petitions for a name change can be filed by anyone who is of legal age and must have direct and personal interest in the change of first name or correction of the error in the civil register.

Individuals considered of legal age are persons 18 years old and above. Minors (those younger than 18 years of age) may not file the petition personally, whether for a correction of a clerical or typographical error or an official change of first name.

Persons considered to have a direct or personal interest in change of name or correction of error in the civil register are:

• The owner of the record containing the error that should be corrected or first name that is to be changed.
• The owner’s spouse, offspring, parents, siblings, grandparents, guardian, or any individual who is considered duly authorized by law or by the owner of the document requiring corrections.

Supporting documents

The Philippine Statistics Authority lists the following supporting documents as basic requirements for the processing of the petition. All supporting documents must be authentic and genuine, or the petition will be disapproved or denied:

• Certified machine copy of the certificate containing the alleged erroneous entry or entries
• Not less than two public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.
• Notice and Certificate of Posting
• Certified machine copy of the Official Receipt of the filing fee
• Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)

In case you need assistance in filing a petition for a change of name, get in touch with the attorneys at Duran & Duran-Schulze by calling (+632) 478-5826 or visit our website here.

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