Legal Question in Family Law in Philippines

On 22 April 2001, an amendment was made to the Philippine Civil Code by the Republic Act 9048 according to which the city or municipal civil registrar or the consul general would be authorized to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. However, a court order would still be needed for substantial changes such as surname of a persona along with, gender, nationality, and status.

In order to prevent its misuse, the Republic Act 9048 stipulates that a request for change of name would be allowed only under for certain purposes. Thus in order to officially adopt a new name, a petitioner must be able to show that:

His/her first name or nickname is ridiculous, tainted with dishonor or extremely difficult to write or pronounce

The new first name or nickname has been habitually and continuously used by him/her and he/she has been publicly known by that first name or nickname in the community

Or that the change will avoid confusion.

In order to apply for a change of name, the petitioner must be at least eighteen years of age or above. Thus in Philippines, a minor or someone less than eighteen years old, cannot by him/herself file a petition, either for correction of clerical or typographical error or for change of his first name.

The second condition for a petition for change of name is that the applicant must have a direct and personal interest in the change of first name in the civil register. This can either be the:

Owner of the record that contains the first name to be changed 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.

Apart from mentioning who is eligible to appeal for a change of first name, Philippines civil law also clearly lays down the correct procedure for filing of the petition. According to the Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 the petition should be in the form of an affidavit; in other words, it should be subscribed and sworn to before a person authorized to administer oath.

Essentially, the petition for a change of name must contain the following facts or information:

Merits of the petition

Competency of the petitioner

First name to be changed and the proposed new first name.

Documentation

In order to apply for a change of first name, the petitioner may be required to present a whole array of documents. Apart from producing various past and present identity documents, the petitioner would also need to prove clearance from authorities such as clearance from employer, if employed; the National Bureau of Investigation; the Philippine National Police and other clearances as may be required by the concerned City/Municipal City Registrar. Also a proof of Publication is required which may be in the form of an attached affidavit of publication from the publisher and copy of the newspaper clippings. Apart from these the petitioner will be required to produce the notice and Certificate of Posting, a certified machine copy of the Official Receipt of the filing fee and other documents as may be required by the City/Municipal Civil Registrar. The full details of documentation necessary to file a petition for change of first name can be obtained from the relevant page of government of Philippines Census website1.