Filing a Petition for Change of Name

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Filing a Petition for Change of Name

 

Ø  Legal Basis:

The procedure for changing one's name in the Philippines is governed by Rule 103 of the Rules of Court, which pertains to judicial petitions for the change of name.

Ø  Grounds for Change:

A petition for change of name may be granted if the petitioner can show legitimate reasons such as:

✔Errors in the birth certificate

✔Adoption

✔Recognition of paternity

✔Change in civil status (e.g., marriage, annulment)

✔The name is ridiculous, tainted with dishonor, extremely difficult to write or pronounce

✔Gender reassignment

ØProcedures:

1. Petition Filing:

- The petitioner must file a verified petition in the Regional Trial Court (RTC) of the province or city where the petitioner resides.

- The petition should state the reasons for the change and include relevant documents such as the birth certificate.

 

2. Publication:

- The court will issue an order setting the date and place for hearing the petition.

- This order must be published in a newspaper of general circulation once a week for three consecutive weeks.

 

 

3. Hearing:

- During the hearing, the petitioner must present evidence to justify the change of name.

                        - Interested parties may oppose the petition.

 

4. Decision:

- If the court is satisfied with the evidence, it will grant the petition and order the change of name.

- The court's decision must be registered with the Civil Registrar where the birth is recorded. 

Ø  Requirements:

✔Verified petition

✔Birth certificate

✔Proof of publication


✔Affidavit of publication from the publisher


✔Other relevant documents supporting the petition

 

Conclusion:

Changing one's name in the Philippines involves a judicial process that requires justifiable grounds, adherence to procedural rules, and court approval. It ensures that name changes are conducted transparently and legally, balancing individual rights with public interest.

 

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RULE 103

Change of Name

Section 1. Venue. — 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.

Section 2. Contents of petition. — A petition 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 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 3. Order for hearing. — If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (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 thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.

Section 4. Hearing. — Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.

Section 5. Judgment. — Upon satisfactory proof in open court on the date fixed in the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that such name be changed 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 registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.

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NOTE: This is for informational purposes only and should not be considered as legal advice.


Atty. Su


 


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