Rule 103 v. Rule 108

RULE 103. Change of name It is a special proceeding to establish a person involving his relation with others, that is, his legal position in, or with regard to, the rest of the community. It is a proceeding in rem and, as such, strict compliance with jurisdictional requirements, particularly on publication, is essential in order to vest the court with jurisdiction therefor. For this purpose, the only name that may be changed is the true or official name as recorded in the civil register. (Republic v. Court of Appeals, G.R. No. 97906, May 21, 1992, 209 SCRA 189.) Name The name of an individual has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family name is that which identifies the family to which he belongs and is continued from parent to child. The given name may be freely selected by the parents for the child, but the surname to which the child is entitled is fixed by law. (In the Matter of the Adoption of Stephanie Nathy Astorga Garcia, G.R. No. 148311, March 31, 2005.) The real name of a person is that given him in the civil register, not the name by which he was baptized in his church or by which he has been known in the community, or which he has adopted, and that the only remedy left to him in case he desires to change his name in the register, which is his official name, is for him to file the special proceedings embodied in Rule 103 of the Rules of Court. (Chomi v. Civil Registrar of Manila, G.R. No. L-9203, September 28, 1956.) The State has an interest in the names borne by individuals and entities for purposes of identification, and that a change of name is a privilege and not a right, so that before a person can be authorized to change his name given him either in his certificate of birth or civil registry, he must show proper or reasonable cause, or any compelling reason which may justify such change. Otherwise, the request should be denied. (In re: Petition for change of name and/or correction/cancellation of entry in civil registry of Julian Lin Carulasan Wang also known as Julian Lin Wang, to be amended/corrected as Julian Lin Wang v. Cebu City Civil Registrar, G.R. No. 159966, March 30, 2005.) A change of name granted by the court affects only a petitioner. A separate petition for change of name must be filed for his/her spouse and children. Section 2 of Rule 103 of the Revised Rules of Court provides that a petition for a change of name shall be signed and verified by the person desiring his name to be changed, or some other person in his behalf. There is need therefore for a separate petition to be filed by the [spouse], who is already of age, in her own behalf and in behalf of her minor children. (Secan Kok v. Republic, G.R. No. L-27621, August 30, 1973.) Aliases All aliases of the applicant must be set forth in the petition‘s title. Such defect is fatal, even if said aliases are contained in the body of the petition. (Go Chiu Beng v. Republic, G.R. No. L-29574, August 18, 1972.) Change of Names of Aliens Rule 103 does not say that only citizens of the Philippines may petition for a change of name. Section 1 provides that "a person desiring to change his name shall present the petition to the Court of First Instance of the province in which he resides, or, in the City of Manila to the Juvenile and Domestic Relations Court." Here the word "person" is a generic term which is not limited to Filipino citizens, but embraces all natural persons. (Yu v. Republic, G.R. No. L-20874, May 25, 1966.) The broad general doctrine is that the status of an alien individual is governed and controlled by the lex domicilii. Implicit in this precept is that an alien may be allowed to change his name here only if he be domiciled in the Philippines. And "domicile" means "permanent home, the place to which, whenever absent for business or pleasure, one intends to return, and depends on facts and circumstances, in the sense that they disclose intent." (Huan Tin v. Republic, G.R. No. L-20997, April 27, 1967.) Legal Separation, NOT a ground for change of name under Rule 103 It is doubtful whether Rule 103 of the Rules of Court, which refers to change of name in general, may prevail over the specific provisions of Article 372* of the New Civil Code with regard to married women legally separated from their husbands. Even, however, applying Rule 103, the fact of legal separation alone is not sufficient ground to justify a change of name, because to hold otherwise, would be to provide an easy circumvention of the mandatory provisions of said Article 372. (Laperal v. Republic, G.R. No. L-18008, October 30, 1962.)

[*When legal separation has been granted, the wife shall continue using her name and surname employed before the legal separation. (CIVIL CODE, Article 372.)] Adoptee’s Name A decree of adoption grants the adoptee the right to use the adopter’s surname but not to change the former’s first name which relief must be sought in a discrete petition under Rule 103. (Republic v. Hernandez, G.R. No. 117209, February 9, 1996.) However, the new rule laid down by Sections 7(6) and 10 of A.M. No. 02-6-02-SC, approved on July 31, 2002, the application for change of name of the adoptee can be included in the petition for adoption. Importance of Publication The proceeding under Rule 103 is also an action in rem which requires publication of the order issued by the court to afford the State and all other interested parties to oppose the petition. When complied with, the decision binds not only the parties impleaded but the whole world. As notice to all, publication serves to indefinitely bar all who might make an objection. “It is the publication of such notice that brings in the whole world as a party in the case and vests the court with jurisdiction to hear and decide it.” (Republic v. Merlyn Mercadera, G.R. No. 186027, December 8, 2010; See also Republic v. Court of Appeals, supra.) Valid Publication Requirements In the context of Section 3, Rule 103 of the Rules, publication is valid if the following requisites concur: (1) the petition and the copy of the order indicating the date and place for the hearing must be published; (2) the publication must be at least once a week for three successive weeks; and, (3) the publication must be in some newspaper of general circulation published in the province, as the court shall deem best. Another validating ingredient relates to the caveat against the petition being heard within 30 days prior to an election or within four (4) months after the last publication of the notice of the hearing. (Republic v. Bolante, G.R. No. 160597, July 20, 2006.) Rule 103 vs. R.A. 9048 Rule 103 applies to judicial proceeding for change of one’s name while R.A. 9048 authorizes the correction of clerical or typographical error and change of first name or nickname administratively, that is, without need of a judicial proceeding. RULE 108. *Rule 108 concerns SUBSTANTIAL CHANGES in entries in the civil registry, excluding name which is governed by Rule 103. Change of Name in Rule 108 The Rules of Court provides the requirements and procedure for change of name. Here, the appropriate remedy is covered by Rule 103, a separate and distinct proceeding from Rule 108 on mere cancellation and correction of entries in the civil registry (usually dealing only with innocuous or clerical errors thereon). (Republic v Capote, G.R. No. 157043, February 2, 2007.) However, RA 9048 now governs the change of first name. It vests the power and authority to entertain petitions for change of first name to the city or municipal civil registrar or consul general concerned. Under the law, therefore, jurisdiction over applications for change of first name is now primarily lodged with the aforementioned administrative officers. (Silverio v. Republic, G.R. No. 174689, October 22, 2007.) Rule 108 vs. Rule 103 The procedure recited in Rule 103 regarding change of name and in Rule 108 concerning the cancellation or correction of entries in the civil registry are separate and distinct. They may not be substituted one for the other for the sole purpose of expediency. To hold otherwise would render nugatory the provisions of the Rules of Court allowing the change of one’s name or the correction of entries in the civil registry only upon meritorious grounds. If both reliefs are to be sought in the same proceedings all the requirements of Rules 103 and 108 must be complied with. (Republic v. Belmonte, G.R. No. L-32600, February 26, 1988.) Summary vs. Adversary Proceedings under Article 412* of the Civil Code and Rule 108 of the Rules of Court may either be summary or adversary in nature. If the correction sought to be made in the civil register is clerical, then the procedure to be adopted is summary. If the rectification affects the civil status, citizenship or nationality of a party, it is deemed substantial, and the procedure to be adopted is adversary. (Republic v. Bautista, G.R. No. L-35316, October 26, 1987.)

[*No entry in a civil register shall be changed or corrected, without a judicial order. (CIVIL CODE, Article 412.)] R.A. 9048, as amended by R.A. 10172. (R.A. 9048 approved on March 22, 2001) (R.A. 10172 approved on August 15, 2012) Intent and Effect The intent and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an administrative petition for change of name is first filed and subsequently denied. It likewise lays down the corresponding venue, form and procedure. In sum, the remedy and the proceedings regulating change of first name are primarily administrative in nature, not judicial. (Silverio v. Republic, supra.) Correcting Surnames R.A. 9048 does not cover clerical error on surnames. Where the entry to be corrected is that of a surname, even if the error is merely clerical and will not affect the status, citizenship, or filiation of the person, it must be done judicially. (Batbatan v. Office of the Civil Registrar, G.R. No. L-33724, November 29, 1982, 118 SCRA 745.) Clerical or typographical error It refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth, mistake in the entry of day and month in the date of birth or the sex of the person or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only by reference to other existing record or records: Provided, however, That no correction must involve the change of nationality, age, or status of the petitioner. (Section 2) All petitions for the clerical or typographical errors and/or change of first names or nicknames may be availed of only once. (Section 3) Appropriate Adversary Proceeding It is one having opposing parties as distinguished from an ex parte application; one in which the party seeking relief has given legal warning to the other party, and afforded the latter as opportunity to contest it. (Republic v. Valencia, G.R. No. L-32181, March 5, 1986) CASES. Silverio v. Republic 562 Phil. 953 (2007) FACTS: Petitioner filed a petition for the change of his first name and sex in his birth certificate from “Rommel Jacinto” to “Mely”, and “Male” to “Female”, respectively, due to the fact that he underwent sex reassignment surgery in Bangkok and was engaged to be married. ISSUE: (1) Whether or not a person’s first name can be changed on the ground of sex reassignment. (2) Whether or not a person’s sex can be changed on the ground of sexual reassignment. HELD: In both issues, the Supreme Court held no. (1) Petitioner’s basis in praying for the change of his first name was his sex reassignment. He intended to make his first name compatible with the sex he thought he transformed himself into through surgery. However, a change of name does not alter one’s legal capacity or civil status. RA 9048 does not sanction a change of first name on the ground of sex reassignment. Rather than avoiding confusion, changing petitioner’s first name for his declared purpose may only create grave complications in the civil registry and the public interest. Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name. In this case, he failed to show, or even

allege, any prejudice that he might suffer as a result of using his true and official name. (2) No law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment. RA 9048 only allows correction of clerical or typographical errors. A correction in the civil registry involving the change of sex is not a mere clerical or typographical error. The birth certificate of petitioner contained no error. All entries therein, including those corresponding to his first name and sex, were all correct. No correction is necessary. People v. Cagandahan 586 Phil. 637 (2008) FACTS: Petitioner filed for change of her first name and sex in her birth certificate from “Jennifer” to “Jeff”, and “Female” to “Male”, respectively, due to the effect of Congenital Adrenal Hyperplasia, which is a condition where persons thus afflicted possess both male and female characteristics. ISSUES: Whether or not intersexuality is a valid ground for change of name and change of entry of sex in the civil registry. HELD: Yes. Where the person is biologically or naturally intersex the determining factor in his gender classification would be what the individual, having reached the age of majority, with good reason, thinks of his sex. Sexual development in cases of intersex persons makes the gender classification at birth inconclusive. It is at maturity that the gender of such persons is fixed. Failure to implead the local civil registrar as well as all persons who have or claim any interest did not render the petition fatally defective. Cagandahan furnished the local civil registrar a copy of the petition, the order to publish, and all pleadings, orders or processes in the course of the proceedings. There was therefore substantial compliance of the provisions of Rules 103 and 108 of the Rules of Court.

DISTINGUISH RULE 103, RULE 108, AND R.A. 9048 (as amended by .. RULE 103 Name of Law

Change of Name

Subject Matter

Change of full name (substantial corrections)

Who may File

A person desiring to change his name (Section 1)

RULE 108 Cancellation/Correction of Entries in the Civil Registry Cancellation or corrections in the civil entries: (a) births (b) marriages (c) deaths (d) legal separations (e) judgments of annulments of marriage (f) judgments declaring marriages void from the beginning (g) legitimations (h) adoptions (i) acknowledgment of natural children (j) naturalization (k) election, loss, or recovery of citizenship (l) civil interdiction (m) judicial determination of filiation (n) voluntary emancipation of a minor (o) changes of name (Section 2) (substantial corrections) Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register (Section 1)

R.A. 9048 As amended by RA 10172 Clerical Error Act Change of first name and nickname, civil entries, day and month of birth, and sex of a person (only typographical or clerical errors)

For change of first name or nickname, or civil entries: Any person of legal age, 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 register, may file the petition. (Rule 3, R.A. 9048 IRR) For correction of entry on the day and/or month in the date of birth: Any person of legal age, having direct and personal interest* in the correction of a clerical or typographical error in the day and/or month in the date of birth of a person in the civil register for birth, may file the petition.
 (Rule 3, R.A. 10172 IRR) (*A person is considered to have direct and personal interest when he is the owner of the record,

or the owner's spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the document sought to be corrected; Provided; however, that when a person is a minor or physically or mentally incapacitated, the petition may be filed on his/her behalf by his/her spouse, or any of his/her children, parents, brothers; sisters; grandparents, guardians, or persons duly authorized by law.)

Opposition

Any interested person

The civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding.

Venue

RTC of the province in which petitioner resides for 3 years prior to filing, or, in the City of Manila, to the Juvenile and Domestic Relations Court

RTC of city or province where the corresponding civil registry is located.

What kind of Proceeding

Judicial Proceeding

Summary Proceeding

What to File

File a signed and verified petition.

Contents of Petition

(a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least (3) years prior to the date of such filing; (b) The cause for which the change of the petitioner’s

This can be concerted to an Adversarial Proceeding if there are substantial changes and affect the status of an individual. File a verified petition for the cancellation or correction of any entry. (a) That the petitioner has been a bona fide resident of the province where the petition is filed for at least three (3) years prior to the date of such filing; (b) The cause for which the change of the petitioner’s name is sought; (c) The name asked for. (Section 2)

For correction of a clerical or typographical error in sex: The petitioner affected by such error shall personally file the petition with the civil registry office where the birth certificate is registered. (Rule 3, R.A. 10172 IRR) N/A
 Note: The Civil Registrar General is given the power to object to the decision of the Local Civil Registrar. 1. Local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept; 2. Local civil register of the place where the interested party is presently residing or domiciled; 3. Philippine Consulates Administrative Proceeding

File a Petition in the form of an Affidavit, subscribed and sworn to before any person authorized by law to administer oath. (a) Facts necessary to establish the merits of the petition; (b) Particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made. (c) The petition shall be supported with the following documents: *For change of name or

name is sought (Petitioner must show a proper or compelling reason for the change of name plus the fact that he will be prejudiced by the use of his official name.); (c) The name asked for. (Section 2)

nickname: (1) A certified true machine copy of the certificate or of the page of the registry book containing the entry or entries sought to be corrected or changed; (2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and (3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition.

Note: Names or Aliases of the Applicant must appear in the caption of the petition.

*For change of day and month of birth, or sex of a person: (1) earliest school record or earliest school documents such as, but not limited to, medical records, baptismal certificate and other documents issued by religious authorities. *For change of gender: (1) a certification issued by an accredited government physician attesting to the fact that the petitioner has not undergone sex change or sex transplant

Grounds

Jurisprudence has recognized, inter alia, the following grounds as being sufficient to warrant a change of name: 1. When the name is ridiculous, dishonorable, or extremely difficult to write or

Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected.

(d) The petitioner shall submit a certification from the appropriate law enforcements, agencies that he has no pending case or no criminal record. (Section 5) Grounds for change of name or nickname: 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

Posting

pronounce; 2. When the change results as a legal consequence of legitimation or adoption; 3. When the change will avoid confusion; 4. When one has continuously used and been known since childhood by a Filipino name, and unaware of alien parentage; 5. When the change is based on a sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and without prejudicing anybody; and, 6. 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. (Republic v. Hernandez, G.R. No. 117209, February 9, 1996) The petition and the copy of the order indicating the time and place for the hearing must be published at least once a week for three (3) consecutive weeks in some newspaper of general circulation (notice of hearing) No posting

Who participates on the part of the government

The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the

Notice and Publication

publicly known by that first name or nickname in the community; or 3. The change will avoid confusion. (Section 4)

At least once a week for three (3) consecutive weeks in some newspaper of general circulation (notice of hearing)

At least once a week for two (2) consecutive weeks (publish the whole affidavit)

No posting

Duty of the civil registrar or Consul to post the petition in a conspicuous place for 10 consecutive days The Civil Registrar or the Consul

The Civil Registrar

Where to appeal Procedure of Changing of Name

Philippines Appeal decision with the Court of Appeals 1. Filing of petition 2. for change of name. 3. 4. 2. Court shall promulgate an order fixing a date and place for hearing the petition. The date set for the hearing shall not be:  Within 30 days prior to an election AND
  Within 4 months after the last publication of the notice. 3. Court shall direct a copy of the order to be published before the hearing  At least once a week for 3 successive weeks 4.  In some newspaper of general circulation published in the province. 4. Hearing shall be conducted.  The SolGen or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic. 5. Judgment granting or denying the change of name. 6. Copy of judgments shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.

Appeal decision with the Court of Appeals 1. Filing of petition 2. Court shall promulgate an 
 order fixing the time and place for hearing the petition and cause reasonable notice to be given to the persons named in the petition. 
  Civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding 3. Court shall direct a copy of the order to be published before the hearing 
  At least once a week for 3 successive weeks
  In some newspaper of general circulation published in the province. 4. File opposition
  Within 15 days from 
 notice of the petition or from the last date of publication 5. Hearing shall be conducted. 
  Court may expedite the proceedings and also grant preliminary injunction for preservation of rights of the parties 6. Judgment granting or denying the change of name. 7. Copy of judgments shall be furnished the civil registrar concerned who shall annotate the same in the records.

Appeal decision with the Civil Registrar General (head of NCSO) 1. Filing of petition and its supporting papers in 3 copies to be distributed to:  The concerned city or municipal civil registrar or the consul general  The Office of the Civil Registrar General  The petitioner 
 2.The City or Municipal Registrar or the Consul General shall post the petition in a conspicuous place for ten 10 consecutive days after he finds the petition and its supporting documents sufficient in form and substance. 
 3.The petition shall be published at least once a week for 2 consecutive weeks in a newspaper of general circulation. 
 4.The City or Municipal Registrar or the Consul General shall render a decision not later than 5 working days after the completion of the posting and/ or publication requirement. He shall transmit a copy of his decision together with the records of the proceedings to the Office of the Civil Registrar General within 5 working days from the date of the decision.  Where the petition is denied by the city or municipal civil registrar or the consul general, the petitioner may either appeal the decision to the civil registrar general or file the appropriate petition with the proper court. 5.The Civil Registrar General shall, within 10 working days from receipt of the decision granting a petition, exercise the power to impugn such decision by way of an objection.  Grounds for objection
 (a) The error is not clerical or typographical (b) The correction of an

entry or entries in the civil register is substantial or controversial as it affects the civil status of a person (c) The basis used in changing the first name or nickname of a person does not fall under one of the valid grounds. If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal registrar or of the consul general within the period, such decision shall become final and executory. 6.The civil registrar general shall immediately notify the city or municipal civil registrar or the consul general of the action taken on the decision. 7.Upon receipt of the notice thereof, the city or municipal civil registrar or the consul general shall notify the petitioner of such action. 8.Appeal. The petitioner may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court.

REFERENCES.         

Regalado, Atty. Florenz D. “Remedial Law Compendium.” Vol. II. 11 th ed. 2008. Festin, Atty. Gemy Lito L. “Special Proceedings: A Foresight to the Bar Exam.” 2nd ed. October 2013. National Statistics Office Website. “Civil Registry Laws.” . RULES OF COURT, Rules 103 and 108. REPUBLIC ACT 9048, July 24, 2000. REPUBLIC ACT 10172, August 15, 2012. R.A. 9048 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2001). R.A. 10172 Implementing Rules and Regulations, National Statistics Office Administrative Order No. 1 (2012). Cases as cited.