SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108 AND RA 9048

DIFFERENCES UNDER RULE 103, R.A. NO. 9048 AND RULE 108

SUMMARY SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108 AND RA 9048 Rule 103

Name ! La"

Su#$e%& Ma&&e'

Change of Name Change of full name (Substantial  corrections)

Rule 108 Cancellation or Correction of  Entries in the Civil Registry Registry Change or correction in the civil registry (Substantial  corrections)

RA 9048

Clerical Error Law Change of rst name and nickname and civil entries (only  typographical  or Clerical errors)

Any person interested in any act,

W( ma) F*le

A person desiring to change his name (Section 1)

R%C of the province in which petitioner resides for three years

+e,ue

prior to ling, or, in the City of  'anila, to the (uvenile and

event, order or decree concerning the civil status of  persons which has been recorded recorded in the civil register (Section 1)

R%C R%C of City or province where the corresponding civil registry is located

)omestic Relations Court

C,&e,&- !  &(e .e&*&*,

A petition for change of name shall be signed and veried by the

+a# %hat the petitioner has been a bona de resident of  the

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Any person having direct and personal interest in the correction of  a clerical or typographical error in an entry and!or change of rst name or nickname (Section 3)

"# "# Loca Locall civ civil il regis egistr try y o$ o$ce of  th e city or municipality where the record being sought to be corrected or changed is kept &# Local ci civil re registrar of of th the place where the interested party is presently residing or domiciled *hilippine Consulates (Section 3)  %he petition shall shall be in the the form of an a$davit, subscribed and sworn

perso to before any person authoried n desiring his name province where the petition is by changed, or some other led for at least three +-# person on years the law to administer oaths %he his behalf, and shall set prior to the date of such forth. ling/ a$davit shall set forth facts necessary to establish the merits +b# %he cause for which the of  +a# %hat the petitioner has change of the petitioner0s been a name the petition and shall show bona de resident of the a$rmatively that the petitioner province is sought/ is where the petition is led for +c# %he name asked for competent to testify to the (Section at matters least three +-# years prior to stated %he petitioner shall state 2) the the date of such particular erroneous entry or ling/ entries, +b# %he cause for which the which are sought to be corrected change of the petitioner0s name is and!or the change sought to be sough t/ made +c# %he name asked for (Section  %he petition shall be supported with the following 2) documents. tru A e " certied machine copy of the certicate or of the page of the registry book containing the entry or entries sought to be corrected or changed & At least two +&# public or document private s showing the correct entry or entries upon which the correction or change shall be based/ and 1ther 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  %he petition and its supporting papers shall be led in three +-# copies to be distributed as follows. rst copy to the concerned city or municipal civil registrar, or the consul general/ second copy to the 1$ce of the Civil Registrar 2eneral/ and third copy to the

petitioner (Section 5)  %he petition for change of rst name or nickname may be allowed in any of the following cases.

+a# when the name is ridiculous, dishonorabl e or e3tremely di$cult to write or pronounce/

 %h " e petitioner nds the rst name or nickname to be ridiculous, tainted with dishonor or 5pon good and valid grounds, e3tremely di$cult to write or

+b# when the change results as a conse4uenc e legal such as legitimation/ /'u-

+c# when the change will avoid confusio n/ on +d# when e has continuously an used d been known since childhood by a 6ilipino name, and was unaware of alien parentage/

the entries in the civil register pronounce may be cancelled or & %he new rst name or corrected habituall nickname has y and been (Section 2) continuously used by the petitioner and he has been publicly known by that by that rst name or nickname in the community. or  %h - e change will avoid

desir adop +e# a sinceree to t a 6ilipin nam sign o e to erase s of  former alienage, all in good faith and without pre7udicing anybody/

confusion (Section  4)

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and +f# when the surname causes embarrassment and there is no showing that the chang desired e of name was for a fraudulent purpose or that the change of  name would pre7udice public Coseten ginterest (RP vs. agpay  ". #o o! R. . 1$%4&'! ebruary 2! 211)

8ummary in nature if the correction is clerical or typographical only Can be

W(a& *, !   (udicial *roceeding +9earing is converted to an adversarial necessary# '%ee*2 proceeding if there are substantial changes and e:ect to the status of an individual +9earing is necessary#

6ile a veried petition for the cancellation or correction of  any entry

Administrative proceeding +1nly an investigation may be c onducted#

W(a& & F*le

A signed and veried petition

N&*%e a u#l*%a&*

At least once a week for two consecutive weeks in a newspaper of  consecutive weeks in a general circulation 6urthermore, newspaper of general 1nce a week for three the circulation petitioner shall submit a +notice of  consecutive weeks in a certication hearing# newspaper of general from the appropriate law ;; hearing shall not be enforcement agencies that he has conducted circulation +notice of hearing# no w!in -< days prior to election pending case or no criminal nor record w!in = months after last +publish the whole a$davit# publication of notice;;

6ile an a$davit

1nce a week for three

.-&*,2

No posting

No posting

)uty city or municipal civil registrar or the consul general to whom the petition is presented shall e3amine the petition and its supporting documents 9e shall post the petition

in a conspicuous place provided for that purpose for ten +"# days from receipt of 7udgment

*age 59 of 59

Appeal decision to the %o the Civil Register 2eneral +9ead of NC81#