Change of Name
April 22, 2010RA 9048[1] now governs the change of first name. It vests the power and authority to entertain petitions for change of first name to the city or municipal civil registrar or consul general concerned. Under the law, therefore, jurisdiction over applications for change of first name is now primarily lodged with the aforementioned administrative officers. The intent and effect of the law is to exclude the change of first name from the coverage of Rules 103 (Change of Name) and 108 (Cancellation or Correction of Entries in the Civil Registry) of the Rules of Court, until and unless an administrative petition for change of name is first filed and subsequently denied. It likewise lays down the corresponding venue, form and procedure. In sum, the remedy and the proceedings regulating change of first name are primarily administrative in nature, not judicial.[2]
RA 9048 authorizes the city or municipal civil registrar or the consul general to change the first name or nickname in the civil register without need of a judicial order. RA 9048 amends Articles 376 and 412 of the Civil Code of the Philippines, which prohibit the change of name or surname of a person without a judicial order.
Grounds for Change of Name
(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 first name or nickname in the community; or,
(3) The change will avoid confusion.
Who may file the Petition
The petition may be filed by a person of legal age who must have a direct and personal interest in the change of first name in the civil register.
Only the following persons are considered to have a direct and personal interest in the correction of clerical error or change of first name:
- Owner of the record that contains the first name to be changed
- 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.
Formal Requirements
The petition for a change of first name should be accomplished properly and in the prescribed form. Section 5 of RA 9048 and Rule 8 of Administrative Order No. 1, S. 2001 require that the petition should be in the form of an affidavit, hence, it should be subscribed and sworn to before a person authorized to administer oath.
The petition 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
No petition for change of first name shall be accepted unless the petitioner submits the required supporting papers, as follows:
- Certified machine copy of the certificate containing the alleged erroneous entry or entries
- Not less than 2 public or private documents upon which the correction shall be based. Examples of these documents are the following: baptismal certificate, voter’s affidavit, employment record, GSIS/SSS record, medical record, school record, business record, driver’s license, insurance, land titles, certificate of land transfer, bank passbook, NBI/police clearance, civil registry records of ascendants, and others.
- Notice and Certificate of Posting
- Certified machine copy of the Official Receipt of the filing fee
- Other documents as may be required by the City/Municipal Civil Registrar (C/MCR)
- 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 C/MCR.
- Proof of Publication. An affidavit of publication from the publisher and copy of the newspaper clippings should be attached.
The C/MCR and the District/Circuit Registrar (D/CR) are authorized to collect from every petitioner the following rates of filing fees:
- Three thousand pesos (P3,000.00) for the change of first name
In the case of a petition filed with the Consul General (CG), the fees are the same for all Philippine Consulates. The fees are the following:
- One hundred fifty U.S. dollars ($150.00) for the change of first name
A migrant petitioner shall pay an additional service fee to the Petition Receiving Civil Registrar (PRCR).
- One thousand pesos (P1,000.00) for change of first name
The general rule is that petition shall be filed with the Local Civil Registry Office (LCRO) where the record containing the first name to be changed is kept. Included in this general rule is the case of the Office of the Clerk of Shari’a Court where records of divorces, revocations of divorces, conversions to Islam are kept and where some Muslim marriages are registered.
However, in case the petitioner is a migrant within or outside the Philippines, meaning his present residence or domicile is different from where his civil registry record or records are registered, he may file the petition in the nearest LCRO in his area. His petition will be treated as a migrant petition.
Effects
When the petition for a change of first name is approved by the C/MCR or CG or D/CR and such decision 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. 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.
Where the petition is not granted by the C/MCR, CG or D/CR, as the case may be, the petitioner may either appeal the decision to the CRG within ten (10) working days from receipt of the decision, or 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. 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.
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:
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. 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. 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.
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.
The petitioner may file the appeal to the CRG on any of the following grounds:
1. A new evidence is discovered, which when presented, shall materially affect, alter, modify or reverse the decision of the C/MCR.
2. The denial of the C/MCR is erroneous or not supported with evidence.
3. The denial of the C/MCR is done with grave abuse of authority or discretion.
Petition for CHANGE OF FIRST NAME (CFN)
● Present orig. copy of all documentary evidences on every visit to the Registrar’s Office
BIRTH CERTIFICATE (document sought to be corrected/ where the change will be reflected)
MARRIAGE CONTRACT if married
BAPTISMAL CERTIFICATE
BIRTH CERTIFICATE of children
VOTER’S AFFIDAVIT/VOTER’S REGISTRATION record
SCHOOL RECORD/Transcript of Record
NBI CLEARANCE (new)
POLICE CLEARANCE (new)
EMPLOYMENT certificate (w/ no pending admin. Case)/ BUSINESS PERMIT/ AFFIDAVIT OF UNEMPLOYMENT
EMPLOYMENT/SERVICE record or ID
SSS/GSIS/BIR records or IDs
Additional documentary evidences (if available)
MEDICAL CERTIFICATE
PASSPORT/VISA/other IDs
LAND TITLE/cert. of TRANSFER OF TITLE
BANK PASSBOOK
COLLEGE DIPLOMA
OTHERS DOCS. w/c the office may find important
* PETITIONER SHOULD FINALIZE FIXED PRICE AND DATE OF PUBLICATION WITH THE PUBLISHER OF HIS/HER OWN CHOICE BEFORE SUBMISSION OF PETITION TO THE CCRO *
● PUBLICATION – once for two(2) consecutive weeks in a newspaper of general circulation - LCR office will issue notice of publication (document to be published)
• NATIONAL newspaper …………….for migrant petitioners
• LOCAL newspaper ………..for nonmigrant petitioners
● Preparation of RA 9048 Petition Form No. 4.1 (LCRO)
• prepared and notarized by an ATTORNEY
• Four (4) copies are to be submitted to the Civil Registrar’s Office
● Photocopy the documentary evidences in
• Two (2) copies (for non-migrant petitions)
• Three (3) copies (for migrant petitions)
● Payment
• submission of petition and documentary evidences
• Payment of filing fee and/or service fee & PMO
• issuance of petition number and notice of publication to the petitioner
• FEES to be prepared
P3,000.00 filing fee for non-migrant petition
money order of P3,000.00 as filing fee for migrant petition
P1,000.00 additional service fee for migrant petition
money order of P200.00 as RKCR mailing for migrant petition
Mailing and secpa request –P400.00
2 long, brown envelopes
● Petitioner should submit AFFIDAVIT OF THE PUBLISHER and 2 NEWSPAPER CLIPPINGS (one for each publishing) after the 2nd publishing.
PROCESSING OF THE PETITION
The City or Municipal Civil Registrar (C/MCR) shall:
1. Examine the petition as to completeness of requirements and supporting documents. The C/MCR may conduct investigation by interviewing and asking probing questions to the petitioner.
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, the procedure for migrant petition shall apply.
3. Receive the petition upon payment of the prescribed fees by the petitioner.
4. Ensure that posting or publication requirement is complied with, to wit:
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.
5. Investigate and consider any third party intervention to the petition.
6. Enter all petitions in the appropriate record book, as may be prescribed by the CRG, indicating therein, among others, the following information:
Petition number
Name of petitioner
Type of petition
Date of petition
Date of receipt
Entry sought to be corrected/changed
Correction/Change made
Action taken or decision
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.
8. 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:
a. The supporting documents are not authentic and genuine.
b. The C/MCR has personal knowledge that a similar petition is filed or pending in court or in any other LCRO.
c. The petition involves the same entry in the same document, which was previously corrected or changed.
d. The first name or nickname sought to be changed is neither ridiculous, nor tainted with dishonor nor extremely difficult to write or pronounce.
e. 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.
f. There is no confusion to be avoided or created with the use of the registered first name or nickname of the petitioner.
9. Record the decision in the appropriate record book and 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, this procedure shall be observed also by the Consulate General and District/Circuit Registrar.
The Civil Register General (CRG) may 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:
a. The petition for change of first name was not published as required.
b. The basis used in changing the first name or nickname of the person does not fall under the proper grounds.
c. The C/MCR does not have authority to take cognizance of the case.
The CRG shall 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.
RA 9048 Form No. 4.1 (LCRO)
(Devised 15 Aug. 2001)
REPUBLIC OF THE PHILIPPINES
LOCAL CIVIL REGISTRY OFFICE
Province of _________
CITY OF __________
Republic of the Philippines )
Province of ____________ )
City of ________________ ) Petition No. ______________
______________________) SS
PETITION FOR CHANGE OF FIRST NAME
I, ___________________________________________, of legal age, ____________________, (complete name of petitioner) (nationality/citizenship)
and a resident of _______________________________________________________
(complete address)
after having been duly sworn to in accordance with law, hereby declare that:
1. I am a petitioner seeking correction of the clerical error in:
a) my Certificate of Live Birth
b) the Certificate of Live Birth of _________________________________________________
(complete name of owner)
who is my _______________________________________________________
(relation of owner to the petitioner)
2. I/He/She was born on __________________ at ____________________________________
(date of birth) (city/municipality)
___________________________________________, ________________________________.
(province) (country)
3. The birth was recorded under registry number _______________________________________.
4. The first name to be changed is from ____________________ to _______________________.
5. The grounds for filing this petition are the following: (Ground selected should be explained/justified in a separate sheet of paper to be attached to this form.)
a) The first name is extremely difficult to write or pronounce;
b) I have/He/She has habitually and continuously used ________________ and I/He/She is publicly known in the community with that first name;
c) The first name is tainted with dishonour;
d) The first name ridiculous;
e) The first name causes confusion:
f) Other: (Specify) _________________________________________________________
6. I submit the following documents to support this petition: (Use additional sheets, if necessary.)
a) _____________________________________________________________
b) ____________________________________________________________
c) ____________________________________________________________
d) ____________________________________________________________
7. I have not filed and similar petition and that, to the best of my knowledge, no longer similar petition is pending with any LCRO, Court or Philippine Consulate.
8. I am filing this petition at the LCRO of _______________________, ______________________ (city/municipality) (province)
in accordance with RA No. 9048 and its implementing rules and regulations.
__________________________________
Signature over printed name of petitioner
VERIFICATION
I, ____________________________________________, the petitioner, hereby certify that the allegations herein are true and correct to the best of my knowledge and belief.
_______________________
Signature over printed name of petitioner
SUBSCRIBED AND SWORN to before me this ___________ day of _____________________ in the city / municipality of _____________________________, petitioner exhibiting his Community Tax Certificate No. __________________ issued at __________________ on ______________________.
Doc. No. ________________
Page. No. ________________ __________________________
Book No. ________________ Administering Officer
Series of ________________
For C/MCR use only
ACTION TAKEN BY THE C/MCR
Granted Denied (Provide the basis for denial.)
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Date: _____________________ _____________________________
City / Municipal Civil Registrar
For CRG use only
ACTION TAKEN BY THE CRG
Affirmed Impugned
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Date: ____________________________ ___________________________
Civil Registrar General
Payment of filing fee (Please attach copy of the official receipt.)
O.R. No. ________________
Amount Paid ____________
Date paid _______________
[1] 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, 22 March 2001.
[2] Silverio vs. Republic, G.R. No. 174689, 22 October 2007.
or ung sa alabang??.. 
