How to Legally Change Your Name in the Philippines

Names play a crucial role in our daily lives, whether in conversations, identifying ownership, or handling important documents. It is how we know ourselves and how others recognize us. 

Under Philippine laws, a name has two parts – the first or given name, and the family name or surname. Middle names, which in the Philippines are traditionally the mother’s maiden surname, are not required but are often necessary for verifying your identity or in distinguishing you from others who have the same first and last names. However, there are instances when individuals may choose to change their names.

What are the Common Reasons for the Change of Name?

There are various reasons people want to change their name, but there are only specific reasons that are valid to the court. According to G.R. No. 159966, the court recognizes the following as the proper and reasonable causes when seeking for a change of name:

• When the name is ridiculous, dishonorable or extremely difficult to write or pronounce;
• When the change results as a legal consequence, 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 alien parentage;
• 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.

Additionally, most women seek to change their name after marriage to adopt their husband’s surname or family name. While, there are those who want to change their names to abide by the dictates of a new religion or simply to reflect a change in their lifestyle.

Who is Eligible to Process Change of Name?

As amended by Republic Act No. 10172, Republic Act No. 9048, any person having direct and personal interest in the correction of a clerical or typographical error in an entry and/or change of first name or nickname in the Civil Registry may file in person, a verified petition with the Local Civil Registry office at the city or municipality where the birth record being sought to be corrected or changed is registered. Additionally, if a minor wishes to change their name, a parent or guardian must file a petition on their behalf. 

Can a Child Born Out of Wedlock Use the Father’s Surname?

A child born out of wedlock may use the father’s family name without undergoing a change of name, especially if the father issues an affidavit or a document wherein the parentage of the child is recognized by the father. However, if the mother wants to change their child’s surname to theirs, they would need a court order. However, the Supreme Court has previously ruled that a child’s change of surname may only be granted when they reach legal age and can decide on their own.

How to Adopt the Husband’s Surname?

A married woman who wants to officially adopt her husband’s surname on her valid IDs, will only need to comply with the “change of status” requirements and do not need a court order for that.

Moreover, changing your family name when you get married is not a legal requirement, so for IDs like your driver’s license or passport, you might want to wait until they are up for renewal so you can accomplish both changes of status and renewal in one go.

What are the Requirement to Process Change of Name?

 There are different required documents needed to submit to process a change of name, depending on the nature:

How to Change Name in the Philippines?

There are different legal process of changing one’s name, depending if the changes involves an administrative correction of clerical or typographical error or a need for a judicial process. 

Process for Administrative Correction of Name

For minor clerical or typographical error, the petitioner must provide the required document and follow these procedures without the need of going to the court:

• File a Petition. If the name change process involves your first name or nickname, day and month (not the year) of birthdate, gender, and correction of clerical errors, a petition must be filed in the Local Civil Registry Office (LCRO) where the Civil Registry document/s is registered. But if you currently residing outside the Philippines, you may apply for a name change at the LCRO in your present area as a migrant petitioner.
• Submission of Documents. An affidavit stating the reason for the change must be submitted along with the supporting documents that substantiate the correction.
• Payment of Fees. After submitting the required documents, you will be required to pay the administrative fees.
• Publication of Petition. The notice of the petition shall be published in a newspaper of general circulation for three consecutive weeks in the locality where the concerned Civil Registry document/s is registered. This is to inform the public of the intended change. 
• Evaluation and Issuance. The Civil Registrar will evaluate the petition for the change. Once approved, the corrected document will be issued. 

Process for Judicial Petition for Name Change 

If the name change involves substantial name change, such as changing full given name, surname, name change after marriage, to change your name back after divorce or clerical or typographical errors in any entries in the Civil registry documents, the way to change your name is by following these procedures:

• Consult and Hire a Lawyer. In this process, you will be needing the service of a lawyer because the case shall be filed before the Regional Trial Court of the Philippines (RTC), and this cannot be done before the Local Civil Registry Office (LCRO). Additionally, a lawyer can assistance you with the court procedures, requirements, and submitting and drafting the petition and other required documents.
• File a Petition. A petition for change of name must be filed with the RTC in the locality where you are a resident for three (3) years prior to fling.
• Submission of Documents. The reason/s for the change should be stated in an affidavit and submitted to the LCRO along with the supporting documents.
• Payment of the Fees. After submitting the required documents, you must pay the required fees.
• Schedule of Hearing. After filing the petition and submitting the required documents, the court will schedule the hearings. 
• Publication of Petition. The notice of the petition shall be published in a newspaper of general circulation for three consecutive weeks to inform the public of the intended change. 
• Court Hearings. You will be required to attend the scheduled court hearings with your lawyer, and provide evidence to support your request for change.
• Issuance. After the hearings, if the court finds merit in your petition, it shall issue an order for the correction or change of the birth certificate.

Where to File the Petition for Change of Name?

For administrative correction or minor clerical errors, a petition must be filed to the Local Civil Registry Office where the birth record is registered and being kept. If the petitioner is a Filipino, residing outside the Philippines, a petition must be filed in the nearest Philippine consulate. 

For judicial petition for name change or for substantial changes, you will be needing the service of a lawyer for this because the case shall be filed in the Regional Trial Court, and this cannot be done before the Local Civil Registry Office.

Moreover, the cost of filing fee shall depend on the case of the change of name petitioned before the court.

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.

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