CHAPTER XVII
CHANGE OF NAME, CORRECTION OF CLERICAL ERRORS, AND CANCELLATION OR
CORRECTION OF ENTRIES IN CIVIL REGISTRY
RULE 103
CHANGE OF NAME
Purpose of the rule
•
Rule 103 procedurally governs judicial petitions for change of given name or
surname, or both, pursuant to Article 376 of the Civil Code, which prohibits persons
from changing one’s name or surname without judicial authority.
o The objective of the rule is to prevent fraud, since the rule involves
substantial changes in a person’s name.
o This is because the state has an interest in the names borne by individual
and entitles for purpose of identification
•
A change of name is privilege, not a right.
o Before a person can be authorized to change the name given him either in
his certificate of birth or in the civil registry he must show proper or
reasonable cause or any compelling reason which may justify such change.
•
In petitions for change of name, a person avails of a remedy to alter the “designation
by which he is known and called in the community in which he lives and is best
known.”
o When granted, a person’s identity and interactions are affected as he bears
a new “label or appellation for the convenience of the world at large in
addressing him, or in speaking oh, or dealing with him.”
•
Judicial permission for a change of name aims to prevent fraud and to ensure a
record of the change by virtue of a court decree.
Nature of the proceedings
•
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.
o When complied with, the decision binds not only the parties impleaded
but the whole world.
o As notice to all, publication serves to indefinitely bar all who might make
an objection
o 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.
Official name
•
The only name that may be changed is the true or official name recorded in the civil
register.
o A person’s name in the civil register for legal purposes, is his real name,
because the civil register is an official record of the civil status of persons.
o
A name given by a person in the church records or elsewhere or by which
he is known in the community – when at variance with that entered in the
civil register – is unofficial and cannot be recognized as his real name.
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.
Who may file petition
•
When the rule refers to “a person” it refers to all natural persons and not just Filipino
Citizens. It includes an alien domiciled in the Philippines and an adopted child.
Where to file the petition
•
A petition for change of name should be filed in the regional trial court of the place
where the petitioner resides
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.
Contents of the petition
•
Jurisprudence has consistently held that in a petitioner for change of name, the title
of the petition should include:
1. Applicant’s real name,
2. His aliases 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
•
For the publication to be valid and effective, the published order should reproduce
the title of the petition containing the data already stated and should contain correct
information as to:
1. The name or names of the applicant,
2. The cause for the changed name, AND
3. The new name asked for.
•
The petition for change of name MUST be filed by the person desiring to change
his/her name, even if it may be signed and verified by some other person in his
behalf.
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o
Thus in Republic v. Marcos, the Court held that a mother cannot file a
petition for the change of name of her minor daughter
Jurisdictional defects
•
Failure to include the true name of the party whose name is sought to be changed,
in the title of the petition and of notices published in connection therewith,
precludes the court from obtaining jurisdiction to entertain the same.
o Moreover, the failure to include the name sought to be adopted in the title
of the petition, and consequently in the notices published in the
newspapers, is a substantial jurisdictional infirmity.
o Thus, the petitioner must include both his true name and the name
prayed for in his petition; otherwise, the court does not acquire
jurisdiction over the petition
•
Not only must the true name and the one prayed for be included in the title, it must
also be correctly spelled out.
o In Jayme S. Tan v. Republic, the SC found the petition for change of name
defective. It considered the incorrect spelling of petitioner’s name in the
petition and the order as a substantial defect in the petition and order,
because it did not correctly identify the party to said proceedings.
o The SC held: Not only was it misleading to the courts of Justice, but also
prejudiced the interests of the general public. By said act, he made it
difficult or virtually impossible for anyone who might have an adverse
interest to oppose his petition. In the eyes of the law therefore, petitioner
has not complied strictly with the legal requirement regarding publication,
thereby rendering the entire proceeding had in the court below null and
void.
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.
Jurisdictional requirements
•
Section 3 outlines the jurisdictional requirements before a petition for change of
name may proceed:
o The petition must be published before the hearing at least once a week for
three successive weeks in a newspaper of general circulation published in
the province; and
o Both the title and the body of the petition must accurately state:
1. Names or aliases of the applicant
2.
•
•
That the petitioner has been bona fide resident of the province
where the petition is filed for at least three years prior to the
date of such filing
3. Cause for which the change of name is sought; and
4. New name asked for
The reason for these requirements is that a change of name is a matter of public
interest.
o The petitioner might be in the rogues’ gallery or hiding to avoid service of
sentence or compliance with a judgment in a criminal case, or could have
escaped from prison; or
o If an alien, he might have given cause for deportation or might be one
against whom an order of deportation was issued or
o that the new name the petitioner desires to adopt may be similar to that
of a respectable person and the latter might have evidence that petitioner
is of unsavory reputation that might impair his own good name
Being a privilege and not a right, a change of name lies within the discretion of the
court give or withhold.
o Failure to comply with these jurisdictional requirements renders the
proceedings a nullity
Grounds for change of name
•
The SC has recognized the following as valid and compelling reasons to change one’s
name: (Important)
1. Name is ridiculous, dishonorable, or extremely difficult to write or
pronounce;
2. Change results as a legal consequence, 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 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
•
In granting or denying petitions for change of name, the question of proper and
reasonable cause is left to the sound discretion of the court.
o Evidence presented need only be satisfactory to the court and not all the
best evidence available
o A special proceeding for a change of name involves a judicious evaluation
of the sufficiency and propriety of the justifications advanced in support
thereof, mindful of the consequent results in the event of its grant, and
with the sole prerogative for making such determination being lodged in
the courts.
•
Courts are precluded from granting a petition for change of name when such changes
would affect paternity and filiation.
If a man who has legally acknowledged paternity of a child wants to change his last name to
something completely unrelated, the court might be hesitant to grant this request because it
could affect the child's right to know their biological parentage.
Example: John Smith has a child named Emma. John and Emma have a legal father-daughter
relationship, and Emma carries the last name "Smith." If John decides to change his last name
to "Johnson" for personal reasons, the court might hesitate to grant this request because it
could create confusion about Emma's parentage and legal rights.
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Two friends, Sarah and Laura, decide to change their last names to "Johnson" at the same time because they feel a strong bond of friendship and want to be
"like sisters." However, they are not biologically related, nor have they legally adopted each other. In this case, the court might reject their name change
requests because it could create a false impression of a familial relationship between them.
o
A change of name should not be permitted if it will give a false impression
of family relationship to another where none actually exists
Illegitimate child may now use father’s surname
•
Leonardo v. CA previous disallowed an illegitimate child the right to use his/her
father’s name.
o This has already been modified by RA 9255 (which took effect March 19,
2004), which amended Art. 176 of the Family Code, allowing illegitimate
children to use the surname of their father if
§
their filiation has been expressly recognized by the father
through the record of birth appearing in the civil register, or
§
when an admission in a public document or private handwritten
instrument is made by the father
•
Art. 176 of the FC, as amended by RA 9255, gives illegitimate children the right to
decide if they want to use the surname of their father or not.
o In fact, the SC voided provisions of the IRR of RA 9255 insofar as it provides
the mandatory use by illegitimate children of their father’s surname upon
the latter’s recognition of his paternity
•
Alfon v. Republic: a legitimate child was allowed by the SC to continue using the
surname of her mother rather than that of her legitimate father as it serves her best
interest and there is no legal obstacle to prevent her from using such.
o Calderon v. Republic: the SC, upholding the best interest of the child, even
allowed the use of a surname different from the surnames of the child’s
father or mother
•
Republic v. Capote: the SC allowed a minor to change his surname to his mother’s
since he was never recognized by his father while his mother has always recognized
him as her child
o A change of name will erase the impression that the was ever recognized
by his father
•
Indeed, the rule regarding the use of a child’s surname is second only to the rule
requiring that the child be placed in the best possible situation considering his
circumstances.
•
To summarize: our laws on the use of surnames state that legitimate and legitimated
children shall principally use the surname of the father.
o The FC gives legitimate children the right to bear the surnames of the
father and the mother, while illegitimate children shall use the surname of
their mother, UNLESS their father recognized their filiation, in which case
they may bear the father’s surname.
o Applying these laws, an illegitimate child whose filiation is not recognized
by the father bears only a given name and his mother’s surname, and does
not have a middle name.
§
The name of the unrecognized illegitimate child therefore
identifies him as such
o It is only when the illegitimate child is legitimated by the subsequent
marriage of his parents or acknowledged by the father in a public
o
document or private handwritten instrument that he bears both his
mother’s surname, reflecting his status as a legitimate child or an
acknowledged illegitimate child.
§
Accordingly, the registration in the civil registry of the birth of
such individuals requires that the middle name be indicated in
the certificate.
The registered name of a legitimate, legitimated and recognized
illegitimate child this contains a given or proper name, a middle name, and
a surname.
§
Middle names serve to identify the maternal lineage or filiation
of a person as well as further distinguish him from others who
may have the same given name and surname as he has.
annulment or divorce orders may
automatically allow the individual to
No need for change of name by married woman
revert to their former name
•
In case of annulment of marriage or divorce, there is no need to file a petition for
resumption of maiden name or surname.
o The true or real name of a person is that given to him and entered in the
civil register, which a woman may continue to use despite her marriage or
cessation of marriage for whatever cause
o The use of the husband’s name is merely permissive which the wife may
continue to use except in case of legal separation.
•
Under Art. 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.”
•
On the other hand, Art. 372 provides that when the legal separation has been
granted, the wife shall continue using her name and surname employed before the
legal separation.
A person’s first name cannot be changed on the ground of sex reassignment
•
In Silverio v. Republic of the Philippines, petitioner sought to have his name in his
birth certificate changed from “Rommel Jacinto” to “Mely,” and his sex from male to
female.
o 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.
o RA 9047 does not sanction a change of first name on the ground of sex
reassignment.
o 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.
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In addition, he must show that he will be prejudiced by the use of his true
and official name.
§
In this case Silverio failed to show or even allege any prejudice
that he might suffer as a result of using his true and official name.
The petition in the trial court insofar as it prayed for a change of petitioner’s first
name was not within that court’s primary jurisdiction as the petition should have
been filed with the local civil registrar concerned, assuming it could be legally done.
o It was an improper remedy because the proper remedy as administrative,
that is, provided under RA 9048.
It was also filed in the wrong venue as the proper venue was in the Office of the Civil
Registrar of Manila where his birth certificate is kept.
More importantly, it had not merit since the use of his true and official name does
not prejudice him at all.
o
•
•
•
Where change of name allowed arising from change of gender
•
Unlike the case of Silverio, the SC allowed a petition for change of name arising from
a change of gender in Republic v. Cagandahan.
•
In Cagandahan, respondent was diagnosed with Congenital Adrenal Hyperplasia
(CAH), which is a condition where persons thus afflicted possess both male and
female characteristics.
o The TC ordered the correction of entries in the birth certificate of
Cagandahan to change her sex or gender, from female to male, on the
ground of her medical condition known as CAH, and her name from
“Jennifer” to “Jeff,” under Rules 103 and 108 of the RoC.
•
CAH is one of many conditions that involve intersex anatomy. The term intersexuality
applies to human beings who cannot be classified as either male or female.
o Where the person is biologically or naturally intersex, the determining
factor in his gender classification would be what the individual, like
Cagandahan, having reached the age of majority, with good reason thinks
of his/her sex.
o Sexual development in cases of intersex persons makes the gender
classification of birth inconclusive
o It is at maturity that the gender of such persons is fixed.
•
Considering the consequence that Cagandahan’s change of name merely recognizes
his preferred gender, there is merit in respondent’s change of name.
o Such a change will conform with the change of the entry in his birth
certificate from female to male.
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.
•
The court shall grant the petition under Rule 103 only when satisfactory proof has
been presented in open court that:
o the order had been published as directed,
o the allegations in the petition are true and proper, and
o reasonable causes appear for changing the name of the petitioner.
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.
Correction without judicial approval under Republic Act No. 9048
REPUBLIC ACT NO. 9048
AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL
TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF
FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER,
AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE
PHILIPPINES.
SECTION 1. Authority to Correct Clerical or Typographical Error and Change of First Name or
Nickname - No entry in a civil register shall be changed or corrected without a judicial order,
except for clerical or typographical errors and change of first name or nickname which can be
corrected or changed by the concerned city or municipal civil registrar or consul general in
accordance with the provisions of this Act and its implementing rules and regulations.
SECTION 2. Definition of Terms - As used in this Act, the following terms shall mean:
1. "City or Municipal civil registrar" refers to the head of the local civil registry office
of the city or municipality, as the case may be, who is appointed as such by the city
or municipal mayor in accordance with the provisions of existing laws.
2.
"Petitioner" refers to a natural person filing the petition and who has direct and
personal interest in the correction of a clerical or typographical error in an entry or
change of first name or nickname in the civil register.
3.
"Clerical or typographical error" 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
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, status or
sex of the petitioner.
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4.
"Civil Register" refers to the various registry books and related certificates and
documents kept in the archives of the local civil registry offices, Philippine Consulates
and of the Office of the Civil Registrar General.
5.
"Civil registrar general" refers to the Administrator of the National Statistics Office
which is the agency mandated to carry out and administer the provision of laws on
civil registration.
6.
"First name" refers to a name or nickname given to a person which may consist of
one or more names in addition to the middle and last names.
SECTION 3. Who May File the Petition and Where. - Any person 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, in person, a verified petition with the local civil
registry office of the city or municipality where the record being sought to be corrected or
changed is kept.
In case the petitioner has already migrated to another place in the country and it would
not be practical for such party, in terms of transportation expenses, time and effort to appear
in person before the local civil registrar keeping the documents to be corrected or changed,
the petition may be filed, in person, with the local civil registrar of the place where the
interested party is presently residing or domiciled. The two (2) local civil registrars concerned
will then communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled in foreign countries
may file their petition, in person, with the nearest Philippine Consulates.
The petitions filed with the city or municipal civil registrar or the consul general shall be
processed in accordance with this Act and its implementing rules and regulations.
All petitions for the clerical or typographical errors and/or change of first names or
nicknames may be availed of only once.
SECTION 4. Grounds for Change of First Name or Nickname. - The petition for change of first
name or nickname may be allowed in any of the following cases:
1.
2.
3.
The petitioner finds the first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce.
The new first name or nickname has been habitually and continuously used by the
petitioner and he has been publicly known by that by that first name or nickname
in the community: or
The change will avoid confusion.
SECTION 5. Form and Contents of the Petition. - The petition shall be in the form of an
affidavit, subscribed and sworn to before any person authorized by the law to administer
oaths. The affidavit shall set forth facts necessary to establish the merits of the petition and
shall show affirmatively that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries, which are sought to be
corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
1.
2.
3.
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.
At least two (2) public or private documents showing the correct entry or entries
upon which the correction or change shall be based; and
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.
In case of change of first name or nickname, the petition shall likewise be supported with
the documents mentioned in the immediately preceding paragraph. In addition, the petition
shall be published at least once a week for two (2) consecutive weeks in a newspaper of general
circulation. Furthermore, the petitioner shall submit a certification from the appropriate law
enforcement agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies to be distributed
as follows: first copy to the concerned city or municipal civil registrar, or the consul general;
second copy to the Office of the Civil Registrar General; and third copy to the petitioner.
SECTION 6. Duties of the City or Municipal Civil Registrar or the Consul General. - The city or
municipal civil registrar or the consul general to whom the petition is presented shall examine
the petition and its supporting documents. He shall post the petition in a conspicuous place
provided for that purpose for ten (10) consecutive days after he finds the petition and its
supporting documents sufficient in form and substance.
The city or municipal civil registrar or the consul general shall act on the petition and shall
render a decision not later than five (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 five (5) working
days from the date of the decision.
SECTION 7. Duties and Powers of the Civil Registrar General. - The civil registrar general shall,
within ten (10) working days from receipt of the decision granting a petition, exercise the
power to impugn such decision by way of an objection based on the following grounds:
1.
2.
3.
The error is not clerical or typographical;
The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
The basis used in changing the first name or nickname of a person does not fall under
SECTION 4.
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The civil registrar general shall immediately notify the city or municipal civil registrar or
the consul general of the action taken on the decision. Upon receipt of the notice thereof, the
city or municipal civil registrar or the consul general shall notify the petitioner of such action.
The petitioner may seek reconsideration with the civil registrar general or file the
appropriate petition with the proper court.
If the civil registrar general fails to exercise his power to impugn the decision of the city
or municipal civil registrar or of the consul general within the period prescribed herein, such
decision shall become final and executory.
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.
SECTION 8. Payment of Fees. - The city or municipal civil registrar or the consul general shall
be authorized to collect reasonable fees as a condition for accepting the petition. An indigent
petitioner shall be exempt from the payment of the said fee.
SECTION 9. Penalty Clause. - A person who violates any of the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than six (6) years but not more than
twelve (12) years, or a fine of not less than Ten thousand pesos (P10,000.00) but not more
than One Hundred Thousand pesos (P100,000.00), or both, at the discretion of the court.
In addition, if the offender is a government official or employee he shall suffer the
penalties provided under civil service laws, rules and regulations.
SECTION 10. Implementing Rules and Regulations. - The civil registrar general shall, in
consultation with the Department of Justice, the Department of Foreign Affairs, the Office of
the Supreme Court Administrator, the University of the Philippines Law Center and the
Philippine Association of Civil Registrars, issue the necessary rules and regulations for the
effective implementation of this Act not later than three (3) months from the effectivity of this
law.
SECTION 11. Retroactivity Clause. - This Act shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such
declaration.
SECTION 13. Repealing Clause. - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.
Approved: March 22, 2001.
Implementing rules and regulations of RA No. 9048
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2001
Subject: RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT
NO. 9048
IMPLEMENTING RULES AND REGULATIONS
Rule 1. Authority to correct clerical or typographical error and to change first name or
nickname. - The city/municipal civil registrar, Consul General, including the Clerk of the Shari'a
Court in his capacity as District or Circuit Registrar of Muslim Marriages, Divorces, Revocations
of Divorces and Conversions, are hereby authorized to correct clerical or typographical error
and to change first name or nickname in the civil register.
Rule 2. Definition of terms. - As used in this Order, the following terms shall mean:
2.1. City or Municipal Civil Registrar (C/MCR) - Refers to the head of the local civil
registry office (LCRO) of the city or municipality, as the case may be, who is
appointed by the city or municipal mayor in accordance with the provisions of
existing laws.
2.2. Consul General (CG) - Refers to an official of the Department of Foreign Affairs
who has been issued the consular commissions by the President and/or the
Secretary of Foreign Affairs. In a foreign service establishment of the Philippines
where there is no Consul General, the civil registration function and duties herein
provided for the Consul General shall be exercised and performed by the Consul or
Vice Consul who should be similarly issued consular commissions by the President
and/or the Secretary of Foreign Affairs.
2.3. District/Circuit Registrar (D/CR) - Refers to the Clerk of the Shari'a District or
Circuit Court acting in the performance of its civil registration function with regard
to Muslim Marriages, Divorces, Revocations of Divorces and Conversions under Title
VI, Book Two of Presidential Decree No. 1083 which is otherwise known as the Code
of Muslim Personal Laws.
2.4. Civil Registrar General (CRG) - Refers to the Administrator of the National
Statistics Office (NSO) which is the agency mandated to carry out and administer the
provisions of laws on civil registration.
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2.5. Local Civil Registry Office (LCRO) - Refers to an office or department in the city
or municipal government that is mandated to perform civil registration function.
2.6. Petitioner - Refers to a natural person filing the petition and who has direct and
personal interest in the correction of a clerical or typographical error in an entry or
change of first name or nickname in the civil register.
2.7. Indigent petitioner - Refers to a destitute, needy and poor individual who is
certified as such by the social welfare and development office of the city/municipal
government.
2.8. (important!) Clerical or typographical error - Refers to a:
o 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 or the like,
o which is visible to the eyes or obvious to the understanding, and
o can be corrected or changed only by reference to other existing record or
records.
o Provided, however, That no correction must involve the change of
nationality, age, status or sex (NASS) of the petitioner.
2.9. First name - Refers to the name or nickname given to a person which may consist
of one or more names in addition to the middle and last names.
2.10. Civil Register - Refers to the various registry books and related certificates and
documents kept in the archives of the LCROs, Philippine Consulates, Office of the
Civil Registrar General, and Shari'a District/Circuit Courts.
2.11. Newspaper of general circulation - Refers to a newspaper that is published for
the dissemination of local news and general information; that has a bona fide
subscription list of paying subscribers; and that is published at regular intervals.
2.12. Record-keeping civil registrar (RKCR) - Refers to the C/MCR in whose archive is
kept the record, which contains the error to be corrected or the first name to be
changed. This term shall be used only in cases involving migrant petitioner.
2.13. Petition-receiving civil registrar (PRCR) - Refers to the C/MCR of the city or
municipality where the petitioner resides or is domiciled and who receives the
petition on behalf of the RKCR in the case of a migrant petitioner.
2.14. Migrant petitioner (MP) - Refers to a petitioner whose present residence or
domicile is different from the place where the civil registry record to be corrected
was registered.
2.16. Guardian - Refers to a person lawfully invested with the power, and charged
with the duty, of taking care of the person and managing the property and rights of
another person, who, for defect of age, understanding, or self-control, is
considered incapable of administering his own affairs.
This term may refer also to those who, under Article 216 of the Family Code, are
authorized to exercise substitute parental authority over the child in default of
parents or a judicially appointed guardian. These persons are the following:
2.16.1. The surviving grandparent, as provided in Article 214 of the Family
Code;
2.16.2. The oldest brother or sister, over twenty-one years of age, unless
unfit or disqualified; and
2.16.3. The child's actual custodian, over twenty-one years of age, unless
unfit or disqualified.
Rule 3. Who may file the petition. - 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.
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:
o law or
o 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 behalf by:
o his spouse, or
o any of his children, parents, brothers, sisters, grandparents, guardians, or
o persons duly authorized by law.
Rule 4. Where to file the petition. - The verified petition may be filed, in person, with the LCRO
of the city or municipality or with the Office of the Clerk of the Shari'a Court, as the case may
be, where the record containing the clerical or typographical error to be corrected, or first
name to be changed, is registered.
When the petitioner had already migrated to another place within the Philippines and it would
not be practical for such party, in terms of transportation expenses, time and effort to appear
in person before the RKCR, the petition may be filed, in person, with the PRCR of the place
where the migrant petitioner is residing or domiciled.
2.15. Spouse - Refers to one's legal wife or legal husband.
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Any person whose civil registry record was registered in the Philippines, or in any Philippine
Consulate, but who is presently residing or domiciled in a foreign country, may file the petition,
in person, with the nearest Philippine Consulate, or in accordance with Rule 3.
Rule 5. Processing of the petition. - The C/MCR shall:
5.1. Examine the petition as to completeness of requirements and supporting
documents as required under Rule 8.
5.2. Determine whether or not the civil registry document, which is the subject of
the petition, forms part of the civil register of his office. If it is part of the civil register
of his office, he shall assume jurisdiction, otherwise, Rule 6 shall apply.
5.3. Receive the petition upon payment of the prescribed fees by the petitioner.
5.4. Ensure that posting or publication requirement is complied with in accordance
with Rule 9.
5.5. Investigate and consider any third party intervention to the petition.
5.6. Enter all petitions in the appropriate record book, as may be prescribed by the
CRG, indicating therein, among others, the following information:
5.6.1. Petition number
5.6.2. Name of petitioner
5.6.3. Type of petition
5.6.4. Date of petition
5.6.5. Date of receipt
5.6.6. Entry sought to be corrected/changed
5.6.7. Correction/Change made
5.6.8. Action taken or decision
5.7 Act on the petition within five (5) working days after the completion of the
posting and/or publication requirement. In case the C/MCR, CG or D/CR approves
the petition, he shall render his decision in a prescribed form in triplicate copies,
indicating therein the entry sought to be corrected or the first name sought to be
changed in the civil register, and the corresponding correction or change made.
5.8 Deny the petition for correction of clerical or typographical error based on any of
the following grounds:
5.8.1. The supporting documents are not authentic and genuine.
5.8.2. The C/MCR has personal knowledge that a similar petition is filed or
pending in court or in any other LCRO.
5.8.3. The petition involves the same entry in the same document, which
was previously corrected or changed under this Order.
5.8.4. The petition involves the change of the status, sex, age or nationality
of the petitioner or of any person named in the document.
5.8.5. Such other grounds as the C/MCR may deem not proper for
correction.
5.9. In the case of petition for change of first name or nickname, the C/MCR shall
deny the petition based on any of the following grounds, in addition to Rule 5.8.1 to
Rule 5.8.3:
5.9.1. The first name or nickname sought to be changed is neither
ridiculous, nor tainted with dishonor nor extremely difficult to write or
pronounce.
5.9.2. The new first name or nickname sought to be adopted has not been
habitually and continuously used by the petitioner, and he has not been
publicly known by that first name or nickname in the community.
5.9.3. There is no confusion to be avoided or created with the use of the
registered first name or nickname of the petitioner.
5.10. Record the decision in the appropriate record book as mentioned in Rule 5.6,
and shall transmit said decision together with the records of proceedings to the
OCRG within five (5) working days after the date of decision.
Insofar as applicable, Rule 5 shall be observed also by the CG and D/CR.
Rule 6. Procedures for migrant petitioner. - When the petition is for or from a person who is
a resident or domiciled in a place different from the place where the document sought to be
corrected was registered, the following procedures shall be observed:
6.1. The PRCR shall perform the following:
6.1.1. Examine the petition as to completeness of requirements and
supporting documents as required under Rule 8.
6.1.2. Receive the petition upon payment by the petitioner of prescribed
fees as required under Rule 18.
6.1.3. Ensure that posting or publication of the petition as required under
Rule 9 is complied with.
6.1.4. Endorse the petition and its supporting documents, including the
filing fee in postal money order or in any other mode of payment to the
RKCR.
6.2. The RKCR shall perform the following:
6.1.1. Examine the petition as to completeness of requirements and
supporting documents as required under Rule 8 and as transmitted by the
PRCR.
6.1.2. Observe the procedures under Rule 5.5 to Rule 5.9.
Insofar as applicable, Rule 6 shall be observed also by the CG and D/CR.
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Rule 7. Availment of the privilege. - The correction of clerical or typographical error shall be
availed of only ONCE with respect to a particular entry or entries in the same civil registry
record. However, with regard to the change of first name or nickname in the birth certificate,
the privilege shall be availed of only once subject to Rule 12 hereunder.
Rule 8. Form and content of the petition. - The petition shall be in the prescribed form of an
affidavit, subscribed and sworn to before any person authorized by law to administer oath.
The affidavit shall set forth facts necessary to establish the merits of the petition and shall
show affirmatively that the petitioner is competent to testify to the matters stated. The
petitioner shall state the particular erroneous entry or entries sought to be corrected or the
first name sought to be changed, and the correction or change to be made.
8.1. The petition for the correction of clerical or typographical error shall be
supported with the following documents:
8.1.1. 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;
8.1.2. At least two (2) public or private documents showing the correct
entry or entries upon which the correction or change shall be based;
8.1.3. Notice or certification of posting
8.1.4. Other documents which the petitioner or the C/MCR, or the CG, or
D/CR may consider relevant and necessary for the approval of the petition.
8.2. In case of change of first name or nickname, the petition shall be supported with
the following documents and shall comply with the following requirements:
8.2.1. Documents required under Rule 8.1.
8.2.2. A clearance or a certification that the owner of the document has no
pending administrative, civil or criminal case, or no criminal record, which
shall be obtained from the following:
8.2.2.1. Employer, if employed
8.2.2.2. National Bureau of Investigation
8.2.2.3. Philippine National Police
8.4.1. First copy to the concerned C/MCR, CG or D/CR,
8.4.2. Second copy to the OCRG, and
8.4.3. Third copy to the petitioner.
Rule 9. Posting and publication of the petition. - The petition shall be posted by the concerned
C/MCR, CG or D/CR in a conspicuous place provided for that purpose for ten (10) consecutive
days after he finds the petition and its supporting documents sufficient in form and
substance.
For a change of first name, the petition shall, in addition to the above-stated posting
requirements, be published at least once a week for two (2) consecutive weeks in a
newspaper of general circulation.
As proof of publication, the petitioner shall attach to the petition a clipping of the publication
and an affidavit of publication from the publisher of the newspaper where publication was
made.
In the case of migrant petitioner, the petition shall be posted first at the office of the PRCR for
ten (10) consecutive days before sending it to the RKCR. Upon receipt, the RKCR shall post
again the petition in his office for another ten (10) consecutive days. When the petition is for
a change of first name, the migrant petitioner shall publish the petition in a newspaper of
general and national circulation.
In the case where a person's civil registry record or records were registered in the Philippines
or in any of the Philippine Consulates, but the persons presently resides or is domiciled in a
foreign country, posting and/or publication, as the case may be, shall be done in the place
where the petition is filed and in the place where the record sought to be corrected is kept.
Rule 10. Duties of the C/MCR. - The C/MCR shall have the following duties:
10.1. Examine the petition and its supporting documents.
10.2. If necessary, conduct investigation by interviewing and asking probing questions to the
petitioner.
8.2.3. Affidavit of publication from the publisher and a copy of the
newspaper clipping.
10.3. Post the petition in a conspicuous place provided for that purpose for ten (10)
consecutive days after he finds the petition and its supporting documents sufficient in form
and substance.
8.3. The C/MCR, CG or D/CR shall not accept a petition unless all requirements and
supporting documents are complied with by the petitioner.
10.4. Act on the petition and render a decision not later than five (5) working days after the
completion of the posting and/or publication requirement.
8.4. The petition and its supporting documents shall be filed in three (3) copies, and
upon acceptance, shall be distributed as follows:
10.5. Transmit a copy of the decision together with the records of the proceedings to the OCRG
within five (5) working days after the date of the decision.
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10.6. Perform such other duties and functions as may be necessary to carry out the provisions
of R.A. 9048.
Insofar as applicable, the CG and the D/CR shall perform the duties of the C/MCR as provided
for under this Rule.
Rule 11. Duties and powers of the CRG. - The CRG shall have the following duties and powers:
11.1. Impugn the decision of the C/MCR or CG or D/CR within ten (10) working days after
receipt of the decision granting the petition based on any of the following grounds:
11.1.1. The error is not clerical or typographical.
11.1.2. The correction of an entry in the civil register is substantial or controversial
as it involves the change of the age, sex, nationality or civil status of a person.
Rule 12. Effect of approving the petition for change of name. - When the petition for a change
of first name is (1) approved by the C/MCR or CG or D/CR and such decision (2) has not been
impugned by the CRG, the change shall be reflected in the birth certificate by way of marginal
annotation.
•
In case there are other civil registry records of the same person which are affected
by such change, the decision of approving the change of first name in the birth
certificate, upon becoming final and executory, shall be sufficient to be used as basis
in changing the first name of the same person in his other affected records without
need for filing a similar petition.
o In such a case, the successful petitioner shall file a request in writing with
the concerned C/MCR, CG or D/CR to make such marginal annotation,
attaching thereto a copy of the decision.
11.1.4. The basis used in changing the first name or nickname of the person does not
fall under any of the following circumstances:
Rule 13. Effect of denying the petition. - Where the petition is not granted by the C/MCR, CG
or D/CR, as the case may be, the petitioner may either (1) appeal the decision to the CRG
within ten (10) working days from receipt of the decision, or (2) file the appropriate petition
with the proper court.
•
In case the petitioner opts to appeal the decision to the CRG, the latter shall render
decision within thirty (30) calendar days after receipt of the appeal.
o The CRG shall furnish the C/MCR, CG or D/CR a copy of the decision not
later than ten (10) working days after the date of the decision.
11.1.4.1. The name or nickname is ridiculous, tainted with dishonor or
extremely difficult to write or pronounce.
Rule 14. Appeal. - When the petition is denied by the C/MCR, the petitioner may appeal the
decision to the CRG, in which case, the following guidelines shall be observed:
11.1.4.2. The new first name or nickname has been habitually and
continuously used by the petitioner and he has been publicly known by
that first name or nickname in the community.
14.1. The adversely affected petitioner shall file the notice of appeal to the concerned C/MCR
within ten (10) working days after the receipt of the latter's decision.
11.1.3. The petition for correction of clerical or typographical error was not posted,
or the petition for change of first name was not published as required under Rule 9.
11.1.4.3. The change of first name or nickname will avoid confusion.
11.1.5. The C/MCR does not have authority to take cognizance of the case.
11.2. Notify the C/MCR or the CG or the D/CR of the action taken on the decision not later
than ten (10) working days from the date of impugning or approving the decision.
11.3. Act on all appeals or reconsideration duly filed by the petitioner.
11.4. Devise or cause to be devised the forms necessary or required for the effective
implementation of this Order.
11.5. Perform such other duties and functions as may be necessary to carry out the provisions
of R.A. 9048.
14.2. The C/MCR shall, within five (5) working days after the receipt of the notice of appeal
from the petitioner, submit the petition and all supporting documents to the CRG.
14.3. The CRG shall render decision on the appeal within thirty (30) calendar days after receipt
thereof. The decision of the CRG shall be transmitted to the concerned C/MCR within ten (10)
working days after the date of the decision. Within ten (10) working days after receipt of the
decision, the C/MCR shall notify the petitioner and shall carry out the decision.
14.4. When the petitioner fails to seasonably file the appeal, the decision of the C/MCR
disapproving the petition shall become final and executory, and the only option left for the
petitioner shall be to file the appropriate petition with the proper court.
14.5. The petitioner may file the appeal to the CRG on any of the following grounds:
14.5.1. A new evidence is discovered, which when presented, shall materially affect,
alter, modify or reverse the decision of the C/MCR.
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14.5.2. The denial of the C/MCR is erroneous or not supported with evidence.
14.5.3. The denial of the C/MCR is done with grave abuse of authority or discretion.
Insofar as applicable, Rule 14 shall be observed in the case of a petition denied by the CG or
D/CR.
Rule 15. Failure of the CRG to impugn. - If the CRG fails to impugn the decision of the C/MCR,
CG or D/CR within ten (10) working days after receipt of the decision granting the petition,
such decision shall become final and executory.
Rule 16. Effect of impugning the decision. - Where the decision of the C/MCR, CG or D/CR is
impugned by the CRG, the petitioner may (1) appeal the decision by way of reconsideration
with the latter within fifteen (15) working days from receipt of the decision and shall be based
only on the ground of new evidence discovered, or (2) file the appropriate petition with the
proper court. The decision which shall be rendered by the CRG within thirty (30) calendar days
after receipt of the appeal shall be final and executory.
Rule 17. Recording, filing and retrieval of decision. - The CRG shall prescribe the proper
recording, filing and retrieval system of the decisions.
Rule 18. Authority to collect filing and other fees. - The C/MCR or the D/CR is hereby
authorized to collect from every petitioner a filing fee in the amount of one thousand pesos
(P1,000.00) for the correction of clerical or typographical error, and three thousand pesos
(P3,000.00) for change of first name or nickname. An indigent petitioner as defined under Rule
2.7, shall be exempt from the payment of said fee.
In the case of a petition filed with the CG, a filing fee of fifty U.S. dollars ($50.00) or its
equivalent value in local currency for the correction of clerical or typographical error, and one
hundred fifty U.S. dollars ($150.00) or its equivalent value in local currency for the change of
first name, shall be collected.
In the case of a migrant petitioner for correction of clerical or typographical error, there shall
be a service fee of five hundred pesos (P500.00) to be collected by the PRCR. In case the
petition is for change of name, the service fee is one thousand pesos (P1,000.00). The service
fee shall accrue to the city or municipal government of the PRCR. The PRCR shall also collect
the filing fee from the migrant petitioner, which shall be in the form of postal money order or
other form of payment which shall be payable to and transmitted to the RKCR, together with
the petition and supporting documents.
When the petitioner files petition for correction of clerical or typographical error,
simultaneously with a petition for change of first name, and the same document is involved,
the petitioner shall pay only the amount corresponding to the fee for the petition for change
of first name.
The local legislative body shall ratify the fees herein prescribed upon effectivity of this Order.
Prior to ratification by the local legislative body, all fees collected in connection with this Order
shall go to the LCRO trust fund: Provided, however, That the fees prescribed herein shall be
uniform in all cities and municipalities in the country, and in all Philippine Consulates.
Rule 19. Penalty clause. - A person who violates any of the provisions of R.A. No. 9048 and of
this Order shall, upon conviction, be penalized by imprisonment of not less than six (6) years
but not more than twelve (12) years, or a fine of not less than ten thousand pesos (P10,000.00)
but not more than one hundred thousand pesos (P100,000.00), or both, at the discretion of
the court. In addition, if the offender is a government official or employee, he shall suffer the
penalties provided under existing civil service laws, rules and regulations.
Rule 20. Periodic review. - The Civil Registrar General may call for periodic review of the IRR as
may be necessary.
Rule 21. Retroactivity clause. - This Order shall have retroactive effect insofar as it does not
prejudice or impair vested or acquired rights in accordance with the Civil Code and other laws.
Rule 22. Separability clause. - If any portion or provision of this Order is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such
declaration.
Rule 23. Repealing clause. - All circulars, memoranda, rules and regulations or parts thereof
inconsistent with the provisions of this Order are hereby repealed or modified accordingly.
Rule 24. Effectivity clause. - This Order shall take effect fifteen (15) days after its publication
in a newspaper of general circulation.
Significance of RA No. 9048
•
An entry in a civil register may now be changed or corrected when it involves (1)
clerical or typographical errors and change of first name or nickname, (2) the day and
month in the date of birth or sex of a person where it is patently clear that there was
a clerical or typographical error or mistake in the entry, which can be corrected or
changed by the concerned city or municipal civil registrar or consul general
•
Clerical or typographical errors in entries of civil register are now to be corrected
and changed without need of a judicial order and by the city or municipal civil
registrar or consul general
•
The obvious effect is to remove from the ambit of Rule 108 the correction or
changing of such errors in entries of the civil register
o Hence, what is left for the scope of operation of Rule 108 are substantial
changes and corrections in entries of the civil register
•
RA 9048 now embodies that summary procedure for changes or corrections of a
harmless or innocuous natures as distinguished from Rule 108 as that appropriate
adversary proceeding for changes or corrections of a substantial kind
Coverage
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•
•
•
•
•
Changes in entries in a civil register under RA 9048 are limited only to clerical or
typographical errors
o 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 (a) nationality, (b) age, or (c) status of the petitioner
RA 9048 has been expanded by RA 10172:
o First name;
o Nickname;
o Day and month in the date of birth; and
o Sex
The law is also clear that administrative correction of entries must not involve any
change of: (a) nationality, (b) age, and (c) status
o Thus, although a person’s citizenship was inadvertently and mistakenly
entered as “Chinese” instead of “Filipino,” the jurisdiction of the court to
order the correction or alteration of entries in the civil registry, allowed
under Art. 412 of the Civil Code, is limited only to innocuous or clerical
mistakes
The law now excludes the change of first name from the coverage of Rule 103 “until
and unless an administrative petition for change of name is first filed and
subsequently denied” and removes “correction or changing of clerical errors in
entries of the civil register from the ambit of Rule 108”
o Hence, what is left for the scope of operation of the rules are substantial
changes and corrections in entries of the civil register
In sum, the remedy and the proceedings regulating the change of first name are
primarily administrative in nature, not judicial
[or impractical to appear in
person]
Filipino citizens who are
presently
residing
or
domiciled in a foreign
country
NOTES:
•
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
•
Migrated [or impractical to appear] – the 2 local civil registrars concerned will
communicate to facilitate the processing of the petition
•
In all cases, the petition must be (1) verified and (2) filed in person
•
May only be availed of once
Grounds for change of first 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 publicly known by that by that first name or nickname in
the community; or
3. The change will avoid confusion
Form and contents of petition
The petition shall be in the form of an
affidavit, subscribed and sworn to before
any person authorized by law to administer
oaths
•
•
•
Who may and where to file petition
GENERAL RULE
EXCEPTIONS
PERSON FILING
Any person having direct
and person 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
Petitioner migrated to
another place in the country
WHERE TO FILE
Local civil registry office of
the city or municipality
where the record being
sought to be corrected or
changed is kept
Local civil registrar of the
place where the interested
party is presently residing or
domiciled
Nearest
Philippine
consulate
The following documents must also be
attached to the petition:
•
•
State facts necessary to establish the
merits of the petition; and
Show affirmatively that the petitioner
is competent to testify to the matters
stated
The petitioner shall state the particular
erroneous entry or entries, which are
sought to be corrected and/or the
change sought to be made
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;
At least 2 public or private documents
showing the correct entry or entries
upon which the correction or change
shall be based; and
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When the petition involves the correction of
erroneous entry concerning the date of
birth or the sex of a person
An entry involving change of gender may
only be corrected if the petition is
accompanied by:
The petition for of first name or nickname,
or for correction of erroneous entry
concerning the day and month in the date of
birth or the sex of a person, as the case may
be, shall be
The petition and its supporting papers shall
be filed in 3 copies to be distributed as
follows:
•
Other documents which the petitioner
or the city or municipal registrar or the
consul general may consider relevant
and necessary for the approval of the
petition
•
The petitioner shall submit a
certification from the appropriate law
enforcements, agencies that he has no
pending case or no criminal record
The petition must be accompanied by the
earliest school record or earliest school
documents such as, but not limited to,
medical records, baptismal certificate and
other documents issued by religious
authorities
A certification issued by an accredited
government physician attesting to the fact
that he petitioner has not undergone sex
change or sex transplant
Published at least once a week for 2
consecutive weeks in a newspaper of
general circulation
1.
2.
3.
To the concerned city or municipal civil
registrar, or the consul general;
To the Office of the Civil Registrar
General; and
To the Petitioner
Action on the petition by civil registrar or consul general
•
The city or municipal civil registrar or the consul general to whom the petition is
presented shall examine the petition and if he finds the petition and its supporting
documents to be sufficient in form and substance, he shall post the petition in a
conspicuous place provided for that purpose for 10 consecutive days
•
Thereafter, he shall render within 5 working days his decision, granting or denying
the petition
o If he grants the petition, 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
•
The Civil Registrar General is the administrator of the NSO, which is the agency
mandated to carry out and administer the provisions of laws on civil registration
•
•
•
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 based on the following grounds
o The error is not clerical or typographical;
o The correction of an entry or entries in the civil register is substantial or
controversial as it affects the civil status of a person; or
o The basis used in changing the first name or nickname of a person does not
fall under Section 4
The civil registrar shall immediately notify the city or municipal civil registrar or the
consul general of the action taken on the decision
o Upon receipt of the notice thereof, the city or municipal civil registrar or
the consul general shall notify the petitioner of such action
If the civil registrar general fails to exercise his power to impugn the decision of the
city or municipal civil registrar or of the consul general within 10 days from receipt
thereof, such decision shall become final and executory
Remedies of petitioner from adverse decision
•
If the city or municipal registrar or consul general denies the petition, the petitioner
may appeal to the civil registrar general within 10 working days after the receipt of
the decision, by filing a notice of appeal with the city or municipal registrar
concerned and stating therein that he is appealing to the civil registrar general on
any of the following grounds:
o Newly discovered evidence which shall materially affect, alter, modify or
reverse the decision of the civil registrar or consul general;
o The denial of the petition is erroneous or not supported by evidence; and
o The denial is done with grave abuse of authority or discretion
•
The civil registrar general shall render a decision on the appeal within 30 calendar
days after receipt thereof
o The decision of the civil registrar general shall be transmitted to the civil or
municipal registrar concerned within 10 working days after the date of the
decision
o Within 10 working days after receipt of the decision, the city or municipal
registrar shall notify the petitioner and shall carry out the decision
•
However, instead of appealing the adverse decision of the city or municipal civil
registrar or consul general to the civil registrar general, the petitioner has the option
to “file the appropriate petition with the proper court” under Sec. 7 [MR no longer
required] of RA 9048 and Rule 14.4 of the IRR
o If the decision has become final as no appeal was taken, the appropriate
remedy is a petition for certiorari under Rule 65 of the RoC, and the proper
court is the CA on the ground that the civil registrar or consul general has
acted without or in excess of jurisdiction or with grave abuse of discretion
o On the other hand, if the civil registrar general reverses the decision of the
civil registrar or consul general granting the petition, the petitioner may
file a MR within 15 working days from receipt of the decision, based only
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35
on the ground of newly discovered evidence, or “file the appropriate
petition with the proper court”
§
The appropriate petition is a petition for review under Rule 43
of the RoC and the proper court is the CA, since the civil registrar
general is performing quasi-judicial functions
RULE 108
CANCELLATION OR CORRECTION OF ENTRIES IN THE CIVIL REGISTRY
SEC. 1. Who may file petition. - Any person interested in any act, event, order or decree
concerning the civil status of persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry relating thereto, with the Court
of First Instance of the province where the corresponding civil registry is located.
Correction of entry under Rule 108 proceeding in rem
•
Substantial corrections or cancellations of entries in civil registry records affecting
the status or legitimacy of a person may be effected through the institution of a
petition under Rule 108 of the RoC, with the proper RTC
•
Being a proceeding in rem, acquisition of jurisdiction over the person of petitioner is
therefore not required
o It is enough that the trial court is vested with jurisdiction over the subject
matter
o Alba v. CA: publication in newspaper of general circulation sufficiently
complies with requirement to provide opportunity to be heard
Nature of proceedings
•
Jurisprudence provides that Rule 108 should be limited solely to implementation of
Art. 412, the substantive law on the matter of correcting errors in the civil register
•
Art. 412 contemplates a summary proceeding, involving correction of clerical errors,
or a harmless, innocuous nature, not changes involving civil status, nationality or
citizenship, which are substantial and/or controversial
o However, not all actions filed under Rule 108 are summary in nature
o For instance, the fact of publication, and the OSG is served with notice of
hearing, and the OSG opposed, strongly indicates that the proceeding is
adversarial
•
Republic v. Valencia clarifies when the proceedings are considered summary or
adversarial:
o It is undoubtedly true that if the subject matter of a petition is not for the
correction of clerical errors of a harmless and innocuous nature, but one
involving nationality or citizenship, which is indisputably substantial as well
as controverted, affirmative relief cannot be granted in a proceeding
summary in nature
Summary proceedings are generally used for minor clerical errors, while adversarial
proceedings are more appropriate for matters involving civil status, nationality, or citizenship
changes, especially when there is opposition or contested issues. The involvement of the
OSG and the requirement for publication can be key indicators that a proceeding is
adversarial and not merely a summary correction of clerical errors.
Summary proceedings are not suitable for
resolving such complex and contested
issues, and they are reserved for more
straightforward clerical corrections.
However, it is also true that a right in law may be enforced and a wrong
may be remedied as long as the appropriate remedy is used
§
The Court adheres to the principle that even substantial errors in
a civil registry may be corrected and the true facts established
provided the parties aggrieved by the error avail themselves of
the appropriate adversary proceeding
•
One having opposing parties; contested, as
distinguished from an ex parte application, one of
which the party seeking relief has given legal warning
to the other party, and afforded the latter an
opportunity to contest it. Excludes an adoption
proceeding
Thus, if the procedural requisites under Secs. 3, 4, and 5 of Rule 108 are followed, a
petition for correction and/or cancellation of entries in the record of birth even if
filed and conducted under Rule 108 of the RoC can no longer be described as
“summary”
o Moreover, the procedure becomes adversary proceeding when the civil
registrar or any person having or claiming interest in entries sought to be
cancelled and/or corrected files an opposition and it is actively prosecuted
There is an appropriate proceeding where:
o All relevant facts have been fully weighed and considered;
o Opposing counsel have been given opportunity to demolish the opposing
party’s case; and
o Evidence has been thoroughly weighed and considered
o
•
•
SEC. 2. Entries subject to cancellation or correction. - Upon good and valid grounds, the
following entries in the civil register may be cancelled or corrected: (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)
acknowledgments 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; and (o) changes of name.
Entries subject to cancellation or correction under Rule 108 in relation to RA No. 9048
•
The obvious effect of RA 9048 is merely to make possible administrative correction
of clerical or typographical errors or change of first name or nickname in entries in
the civil register, leaving to Rule 108 the correction of substantial changes in the civil
registry in appropriate adversarial proceedings
•
RA 9048 now embodies the summary procedure for changes or corrections of a
harmless or innocuous nature as distinguished from Rule 108 which is the
appropriate adversary proceeding for changes or corrections of a substantial kind
Change of name under Rule 108
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36
•
•
When all the procedural requirements under Rule 108 are thus followed, the
appropriate adversary proceeding necessary to effect substantial corrections to the
entries of the civil register is satisfied
In case the jurisdictional requirements of Rule 103 are not complied with, a person’s
name may still be changed or corrected if the petition complies with the provisions
of Rule 108
No intent on the part of the lawmakers to remove the authority of the trial courts to make
judicial corrections of entries in the civil registry
•
The local civil registry has primary, not exclusive, jurisdiction over such petitions for
correction of clerical errors and change of first name or nickname, with RA 9048
prescribing the procedure that the petitioner and local civil registrar should follow
•
Since the law refers specifically to the administrative summary proceeding before
the local civil registrar, it would be inappropriate to apply the same procedure to
petitions for the correction of entries in the civil registry before the courts
No law allows the change of entry in the birth certificate as to sex on the ground of sex
reassignment
•
Silverio v. Republic clarified that the entries envisaged in Art. 412 of the Civil Code
and correctable under Rule 108 of the RoC are those provided in Arts. 407 and 408
of the Civil Code
o The acts, events, or factual errors contemplated under Art. 407 of the Civil
Code include even those that occur after birth
o However, no reasonable interpretation of the provision can justify the
conclusion that it covers the correction on the ground of sex reassignment
•
To correct simple means “to make or set a right; to remove the faults or error from”
while to change means “to replace something with something else of the same kind
or with something that serves as a substitute”
Correction of names under Rule 108
•
Republic v. Mercadera – “MARILYN” to “MERLYN”
o Granting that Rule 103 applies to this case and that compliance with the
procedural requirements under Rule 108 falls short of what is mandated,
it still cannot be denied that Mercadera complied with the requirement for
an adversarial proceeding before the lower court
o The publication and posting of the notice of hearing in a newspaper of
general circulation and the notices sent to the OSG and the Local Civil
Registry are sufficient indicia of an adverse proceeding
o The fact that no one opposed the petition, including the OSG, did not
deprive the court of its jurisdiction to hear the same and did not make the
proceeding less adversarial in nature
o Considering that the OSG did not oppose the petition and the motion to
present its evidence ex parte when it had the opportunity to do so, it
cannot now complain that the proceedings in the lower court were
procedurally defective
No jurisdiction to nullify marriages and rule on legitimacy and filiation
•
Rule 108 vis-à-vis Art. 412 of the Civil Code charts the procedure by which an entry
in the civil registry may be cancelled or corrected
o The proceeding contemplated therein may generally be used only to
correct clerical, spelling, typographical and other innocuous errors in the
civil registry
•
Substantial or contentious alterations may be allowed only in adversarial
proceedings, in which all interest parties are impleaded and due process is properly
observed
Substantial corrections – strict compliance with Rule 108
•
When a petition for cancellation or correction of an entry in the civil register involves
substantial and controversial alterations, including those on citizenship, legitimacy
of paternity or filiation, or legitimacy of marriage, a strict compliance with the
requirements of the RoC is mandated
•
Republic v. Coseteng-Magpayo: change surname to mother’s last name because
parents not legally married
o The SC held that the change being sought goes so far as to affect legal
status in relation to parents. Rule 103 would not suffice
•
Labayo-Rowe v. Republic
o Changes which may affect the civil status from legitimate to illegitimate
are substantial and controversial alterations which can only be allowed
after appropriate adversarial proceedings
SEC. 3. Parties. - When cancellation or correction of an entry in the civil register is sought, the
civil registrar and all persons who have or claim any interest which would be affected thereby
shall be made parties to the proceeding.
Indispensable parties must be notified
•
It is not only the civil registrar but also all persons who have or claim any interest
which would be affected by a proceeding concerning the cancellation or correction
of an entry in civil register must be made parties thereto
•
While the proceedings is one in rem, publication cannot cure the lack of summons
on a person whose birth certificate is sought to be cancelled
o Thus, it was held in Ceriula v. Delantar, that summons must still be served,
not for the purpose of vesting the courts with jurisdiction, but to comply
with the requirements of fair play and due process
o This is but proper, to afford the person concerned the opportunity to
protect her interest if she so chooses
•
This provision mandates that the civil registrar and the parties who would naturally
and legally be affected by the grant of a petition for correction or cancellation of
entries be impleaded in such proceeding
o Non-impleading, however, as party-respondent of one who is
inadvertently left out or is not established to be known by the petitioner
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37
to be affected by the grant of the petition or actually participates in the
proceeding is notified through publication
RULE 103 v. RA 9048 v. RULE 108
RULE 103
Change of full
name or surname
(substantial
corrections)
SEC. 4. Notice and publication. - Upon the filing of the petition, the court shall, by an order, (1)
fix the time and place for the hearing of the same, and (2) cause reasonable notice thereof to
be given to the persons named in the petition. The court shall also cause the order to be
published once a week for three (3) consecutive weeks in a newspaper of general circulation
in the province.
SCOPE
SEC. 5. Opposition. - The civil registrar and any person having or claiming any interest under
the entry whose cancellation or correction is sought may, within fifteen (15) days from notice
of the petition, or from the last date of publication of such notice, file his opposition thereto.
NATURE
OF
PROCEEDINGS
•
•
WHO MAY FILE
A person desiring
to change one’s
name
INITIATORY
PLEADING
WHERE TO FILE
Signed and verified
petition
RTC of the province
in which petitioner
resided for 3 years
prior to filing
•
•
•
•
A reading of Secs. 4 and 5 readily shows that Rule 108 clearly mandates 2 sets of
notices to different “potential oppositors”
o The first notice is that given to the “persons named in the petition” and
o The second (which is through publication) is that given to other persons
who are not named in the petition but nonetheless may be considered
interested or affected parties, such as creditors
Summons must, therefore, be served not for the purpose of vesting the courts with
jurisdiction but to comply with the requirements of fair play and due process to
afford the person concerned the opportunity to protect his interest if he so chooses
That 2 sets of notices are mandated under the above-quoted Sec. 4 is validated by
the subsequent Sec 5, which provides for 2 periods within which to file an opposition
(15 days from notice or from the last date of publication)
While there may be cases where the SC held that the failure to implead and notify
the affected or interested parties may be cured by the publication of the notice of
hearing, earnest efforts were made by petitioner in bringing to court all possible
interested parties
o Such failure was likewise excused where (1) the interested parties
themselves initiated the corrections proceedings; (2) when there is no
actual or presumptive awareness of the existence of the interested parties;
or (3) when a party is inadvertently left out
Judicial
Hearing
necessary
is
RA No. 9048
Change of first
name or nickname
and correction of
clerical errors of
entries in the Civil
Registry
•
Administrative
•
No
hearing
required
Any person 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
Sworn affidavit
•
SEC. 6. Expediting proceedings. - The court in which the proceeding is brought may make
orders expediting the proceedings, and may also grant preliminary injunction for the
preservation of the rights of the parties pending such proceedings.
SEC. 7. Order. - After hearing, the court may either dismiss the petition or issue an order
granting the cancellation or correction prayed for. In either case, a certified copy of the
judgment shall be served upon the civil registrar concerned who shall annotate the same in his
record.
•
Local
civil
registry office
of the city or
municipality
where
the
record being
sought to be
corrected or
changed
is
kept;
Local
civil
registrar of the
place where
the interested
party
is
presently
RULE 108
Correction of substantial
errors or cancellation of
entries in the Civil
Registry
•
•
Judicial
Hearing
is
necessary
•
Adversarial
in
nature because it
involves substantial
changes and affects
the status of an
individual
Any person interested in
any act, event, order or
decree concerning the
civil status of persons
which
has
been
recorded in the civil
register
Verified petition
RTC of city or province
where
the
corresponding
civil
registry is located
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38
•
CONTENTS OF
THE PETITION
•
•
•
That
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;
The cause for
which
the
change
of
petitioner’s
name
is
sought;
The
name
asked for
•
•
•
residing
or
domiciled;
Philippine
Consulate
Facts
necessary to
establish the
merits
of
petition;
Particular
erroneous
entry
or
entries, which
are sought to
be corrected
and/or
the
change sought
to be made
Petition shall
be supported
by
the
following
documents:
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;
At least 2
public
or
private
documents
showing the
correct entry
or
entries
upon which
-
GROUNDS
•
•
•
•
Name
is
ridiculous,
tainted with
dishonor and
extremely
difficult
to
write
of
pronounce;
Consequence
of change of
status;
Necessity to
avoid
confusion;
Having
continuously
used and been
known since
childhood by a
Filipino name,
unaware of
her
alien
parentage;
•
•
the
correction or
change shall
be
based;
and
Other
documents
which
petitioner or
the city or
municipal
civil registrar
or the consul
general may
consider
relevant and
necessary
for
the
approval of
petition
Petitioner
finds the first
name
or
nickname to
be ridiculous,
tainted with
dishonor
or
extremely
difficult
to
write
or
pronounce;
The new first
name
or
nickname has
been
habitually and
continuously
used
by
petitioner and
he has been
publicly known
by that first
name
or
nickname in
Upon good and valid
grounds
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39
•
NOTICE
AND
PUBLICATION
A
sincere
desire
to
adopt
a
Filipino name
to erase signs
of
former
alienage all in
good faith and
without
prejudicing
anybody
At least once a
week
for
3
consecutive weeks
in a newspaper
circulation (notice
of hearing)
POSTING
Not required
PERSONS TO BE
NOTIFIED
•
•
•
•
COVERAGE
•
Solicitor
General
Provincial
Fiscal
City Fiscal
Interested
parties
Correction of
clerical
or
typographical
errors in any
entry in civil
registry
documents,
except
corrections
involving the
change in sex,
age,
nationality
•
the
community; or
The
change
will
avoid
confusion
•
At least once a
week
for
2
consecutive weeks
(publish the whole
affidavit)
–
in
change of first
name or nickname
Duty of the civil
registrar or Consul
to post petition in a
conspicuous place
for 10 consecutive
days
•
Civil Registrar
At least once a week for
3 consecutive weeks in a
newspaper of general
circulation (notice of
hearing)
•
•
Civil Registrar
Consul
•
•
•
•
•
•
Births;
Marriages;
Deaths;
Legal separations;
Judgments
of
annulments
of
marriage;
Judgments
declaring marriages
void from the
beginning;
Legitimations;
Adoptions;
•
Correction of
clerical
or
typographical
errors in the
civil registry,
including
correction of
date of birth
and sex; and
Change of first
name
or
nickname in
the
civil
registry
WHERE
APPEAL
TO
•
and status of a
person, and
Change
of
person’s first
name
or
nickname in
his or her civil
registry
CA under Rule 41
Civil
Registrar
General under Sec 7
or CA under Rule 43
Acknowledgements
of natural children;
•
Naturalization;
•
Election, loss or
recovery
of
citizenship;
•
Civil interdiction’
•
Judicial
determination of
filiation; and
•
Change of name
CA under Rule 41
Not required
•
•
•
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