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G.4-CHANGE OF NAME-Mantilla
G.4-CHANGE OF NAME-Mantilla
PROCEEDINGS
Change of Name
A change of name is a special
proceeding that allows a person to
change their legal name. This can be
done for a variety of reasons, such as
marriage, divorce, or personal preference.
The process involves filing a petition with
the court, providing notice to interested
parties, and attending a hearing. It is
important to ensure that the name
change is done properly to avoid any
legal complications.
PURPOSE:
governs judicial petitions for
change of given name or
surname, or both, pursuant to
Article 376 of the Civil Code.
OBJECTIVE:
To prevent fraud,
since the rule
involves
substantial
changes in a
person's name.
Nature of the proceedings:
In Rem
Official Name:
The only name that may be changed
is the true or official name recorded
in the civil register.
Section 1 - Venue:
Who may file: "PERSON" refers to all
natural persons and not just Filipino
citizens.
Where to file: Regional Trial Court of
the place where the petitioner
resides.
Section 2- Contents of the Petition.
A petion for change of name shall be
signed and verified by the person
desiring his name changed, or some
other person on his behalf and shall
set forth:
a. That the petitioner has bona fide
resident of the province where the
petition is filed for at least three (3)
years prior to the date of such filling;
b. The cause for which the change of
the petitioner's name is sought;
c. The name asked for.
Jurisprudence provides for additional contents:
Following the procedure in Rule 103, Rule 108 also requires a petition
to be filed before the Regional Trial Court. The trial court then sets a
hearing and directs the publication of its order in a newspaper of
general circulation in the province. After the hearing, the trial court
may grant or dismiss the petition and serve a copy of its judgment to
the Civil Registrar.
However, Republic Act No. 9048 amended Articles 376 and 412 of
the Civil Code, effectively removing clerical errors and changes of
the name outside the ambit of Rule 108 and putting them under
the jurisdiction of the civil register.
x x x x x x x x x
Thus, a person may now change his or her first name or correct
clerical errors in his or her name through administrative
proceedings. Rules 103 and 108 only apply if the administrative
petition has been filed and later denied.
Re: Final Report on the Judicial Audit Conducted at the RTC Branch 67,
Paniqui, Tarlac, AM 06-07-414-RTC, Oct. 19, 2007
In the case at bar, the more than 300 cases for correction of entries filed
before the RTC of Paniqui and decided by Judge Sotero do not fall within the
purview of R.A. No. 9048. In other words, not all of said petitions pertain to
the change of first name or nickname or the correction of typographical
errors in the entries of the registry. Some of said petitions involve substantial
changes in the registry such as change of age, sex, status, and nationality,
and even of middle names and surnames of the petitioners.
Judge Sotero’s conduct in acting on the petitions, without full compliance with the
procedural requirements under Rules 103 and 108 of the Revised Rules of Court, is
appalling. He explained that since R.A. No. 9048 allows corrections of entries without
need of hearing and publication for as long as the necessary documents are submitted,
the same procedure under R.A. No. 9048 is applicable to the petitions filed before the
court. The explanation does not impress. The records of the cases show that Judge Sotero
did not comply with the administrative procedure under the said law. Thus, while R.A. No.
9048 requires that the petition for correction of entries be posted in a conspicuous place
for ten (10) consecutive days, the records show that some of the petitions were decided
less than ten (10) days from the date of filing. Clearly then, there was no way that the 10-
day posting requirement could have been accomplished. The petitions for change of
name were also granted even without publication of the order of hearing in a newspaper
of general circulation.
Thanks!