G.4-CHANGE OF NAME-Mantilla

SPECIAL
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:
1. the applicant's real name,

2. his aliases or other or other names,
if any, and
3. the name sought to be adopted
even if these data are found in the
body of the petition.
Question: Whether failure to include
the true name of the party whose
name is sought to be changed in the
title of the petition and of the notice
published in connection therewith,
precludes the court from obtaining
jurisdiction to entertain the same?
Question: Whether failure to include
the same sought to be adopted in
the title of the petition and
consequently in the notices
published in the newspaper is
substantial jurisdictional infirmity?
Section 3. Order of hearing-
if the petition filed is sufficient in
form and substance, the court, by an
order reciting the purpose of the
petition, shall fx a date and place for
the hearing thereof, and shall direct
that a copy of the order be published
3 successive weeks in some
newspaper of general circulation
published in the province, as the
court shall deem best. The date set
for the hearing shall not be within 30
days prior to an election nor within
four 4 months after the last
publication.
GROUNDS for change of name:
1. Name is ridiculous, dishonorable,

or extremely difficult to write or
pronounce;
2. Change results as a legal
consequences, as in legitimation;
3. Change will avoid confusion;
4. When one has continuously used
and been known since childhood by a
Filipino name, and was unaware of
alien parentage;
5. Sincere desire to adopt Filipino
name to erase signs of former
alienage, all in good faith and
without prejudicing anybody;
6. Surname cause embarrassment
and there is no showing that the
desired change of name was for
fraudulent purposes or that the
change of name prejudice public
interest.
Illegitimate child may
now use father's
surname (R.A No. 9255)
Whether there's a need for change of
name by married woman?
Article 370 of the Civil Code, a

married woman may use:
1. Her maiden first name and
surname and add her husband's
surname.
2. Her maiden first name and her
husband's surname, or
3. Her husband's full name, but
prefixing a word indicating that she
is wife, such as "Mrs."
Whether a person's first
name can be changed on
the ground of sex
reassignment?
Silverio v. Republic
No. It is the statutes that defines who

may file petitions for change of first
name and for correction or change of
entries in the civil registry, where
they may be filed, what grounds may
be invoked, what proof must be
presented and what procedures shall
be observed. Presently, there is no
law allowing the change of entries in
the birth certificate by reason of sex
alteration.
The birth certificate of petitioner
contained no error. All entries, including
those corresponding to his first name and
sex, were all correct. No correction is
necessary. A law has to be enacted by the
legislative body laying down the
guidelines governing the change of
entries in birth certificate due to sex
reassignment in order to enter the same
in civil registry.
Where change of name allowed
arising from change of gender:
Republic v. Cagandahan
The Court ruled that a change of
name is not a matter of right but of
judicial discretion, to be exercised in
the light of the reasons and the
consequences that will follow.
In the instant case, if we determine respondent to be
a female, then there is no basis for a change in the
birth certificate entry for gender. But if we determine,
based on medical testimony and scientific
development showing the respondent to be other
than female, then a change in the subjects birth
certificate entry is in order.
Biologically, nature endowed respondent with a mixed (neither
consistently and categorically female nor consistently and
categorically male) composition. Respondent has female (XX)
chromosomes. However, respondents body system naturally
produces high levels of male hormones (androgen). As a result,
respondent has ambiguous genitalia and the phenotypic
features of a male.
Respondent here has simply let nature take its course and has
not taken unnatural steps to arrest or interfere with what he was
born with. And accordingly, he has already ordered his life to
that of a male. Respondent could have undergone treatment
and taken steps, like taking lifelong medication, to force his
body into the categorical mold of a female but he did not. He
chose not to do so. Nature has instead taken its due course in
respondents development to reveal more fully his male
characteristics.
In the absence of a law on the matter, the Court will not
dictate on respondent concerning a matter so innately private
as ones sexuality and lifestyle preferences. Respondent is the
one who has to live with his intersex anatomy. To him belongs
the human right to the pursuit of happiness and of health.
Thus, to him should belong the primordial choice of what
courses of action to take along the path of his sexual
development and maturation.
Section 5. Judgement
Upon satisfactory proof in open
court on the date fixed in
accordance with the prayer of the
petition.
Section 6. Service of Judgment
Judgments or orders
rendered in connection
with this rule shall be
furnished the civil
register.
CASES:
Alba v. CA
Under Article 176 of the Family Code as amended by Republic Act (RA) No. 9255,
which took effect on March 19, 2004, illegitimate children shall use the surname of
their mother, unless their father recognizes their filiation, in which case they may
bear the father’s surname. In Wang v. Cebu Civil Registrar, it was held that an
illegitimate child whose filiation is not recognized by the father, bears only a given
name and his mother’s surname. The name of the unrecognized illegitimate child
identifies him as such. It is only when said child is recognized that he may use his
father’s surname, reflecting his status as an acknowledged illegitimate child.
In the present case, it is clear from the allegations of Armi that petitioner
minor is an illegitimate child because she was never married to private
respondent. Considering that the latter strongly asserts that he is not the
father of petitioner minor, the latter is therefore an unrecognized illegitimate
child. As such, he must bear the surname of his mother.
Republic vs Charlie Mintas – Felix
RA 9048, as amended does not divest the regional trial

courts of jurisdiction over petitions for correction of
entries in the civil registry.
Republic v. Gallo
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!

G.4-CHANGE OF NAME-Mantilla

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

G.4-CHANGE OF NAME-Mantilla

Uploaded by

Copyright:

Available Formats

SPECIAL

1. the applicant's real name,

1. Name is ridiculous, dishonorable,

Article 370 of the Civil Code, a

No. It is the statutes that defines who

RA 9048, as amended does not divest the regional trial

You might also like