THE CLERICAL ERROR ACT (RA 9048) & RA 10172

PETITION FOR WHO MAY FILE? (Sec. 1, Rule 103, ROC)

CHANGE OF FIRST
NAME or NICKNAME CONTENTS OF THE PETITION (Sec. 5, RA 9048):
1) A person desiring to change his name
What to file? In form of an AFFIDAVIT, subscribed and sworn to a) “Person in the rule refers to all
before any person authorized by the law to administer oath. It shall set kinds of natural persons and NOT
forth the ff.: just Filipino citizens. It includes an
alien domiciled in the Philippines
FILED WITH THE 1) FACTS necessary to ESTABLISH the MERITS of the and an adopted child. [ Republic
LOCAL CIVIL petition;
vs. Court of Appeals, GR 97906,
REGISTRY OFFICE 2) Particular erroneous entry or entries which sought to be
May 21, 1992]
OF THE CITY OR corrected and/or the change sought to be made. (For RA
MUNICIPALITY 10172: Facts that show affirmatively that the petitioner is
WHERE THE RECORD competent to testify to the matters stated in the petition.) JURISDICTIONAL REQUIREMENT (SEC. 5,
BEING SOUGHT TO RA 9048)
BE CORRECTED OR The petition shall also be supported by the following documents:
CHANGED IS KEPT. The ff. requirements are necessary before the
1) A certified true machine copy of the (a) certificate or (b) petition may proceed:
of the page of the registry book containing the entry or
entries sought to be corrected or changed; 1. The petition must be PUBLISHED
2) At least TWO (2) public or private documents showing the BEFORE THE HEARING at least
corrected entry or entries upon which the correction or
ONCE A WEEK for TWO (2)
change shall be based; and
SUBMISSION OF CONSECUTIVE WEEKS in a
CERTIFICATIONS & Other documents which the petitioner or the city or municipal civil newspaper of general circulation
SUPPORTING registrar or the consul general may consider relevant and necessary (NOGC);
PAPERS for the approval of the petition. 2. Petitioner shall submit a
For RA 10172:
CERTIFICATION from the
NO person for correction of erroneous entry concerning the DATE OF appropriate law enforcement
BIRTH or SEX of a person shall be entertained, EXCEPT: agencies that he has NO pending
case or NO criminal record;
1) If the petition is accompanied by EARLIEST SCHOOL 3. Petition and its supporting papers
RECORD or EARLIEST SCHOOL DOCUMENTS such as, but
shall file in THREE (3) copies to be
NOT LIMITED to:
distributed as follows:
a) Medical records;
b) Baptismal certificate and other documents issued by
religious authorities; and a. Copy to the concerned
c) In case of CHANGE OF GENDER, the petition is city or municipal civil
accompanied by a certification issued by the accredited registrar, or the consul
government physician attesting to the fact that the general;
petitioner has NOT UNDERGONE SEX CHANGE or SEX b. Copy of the Office of
TRANSPLANT.
POSTING IN A the Civil Registrar
CONSPICUOUS General; and
PLACE WITHIN 10 c. Copy to the petitioner.
DAYS
WHO PARTICIPATES ON THE PART OF THE GOVERNMENT? WHAT ARE THE GROUNDS FOR CHANGE
(SEC. 4) The Civil Registrar or the Consul OF FIRST NAME OR NICKNAME UNDER
RA 9048? (SEC. 4, RA 9048)
The Solicitor General or the proper provincial or city fiscal shall
appear on behalf of the Government of the Republic
PUBLICATION The petition for change of first name or
The petition must be PUBLISHED BEFORE THE HEARING at least
ONCE A WEEK for TWO (2) CONSECUTIVE WEEKS in a nickname may be allowed in any of the
newspaper of general circulation (NOGC); following cases:

1) When the name is:

 CRG, within 10 working days from receipt of the decision a. RIDICULOUS
WITHIN FIVE (5) granting a petition, exercise the power to impugn such decision b. Tainted with
WORKING DAYS, by way of an objection based on the following grounds: DISHONOR
City or c. EXTREMELY
1. The ERROR is NOT CLERICAL or TYPOGRAPHICAL;
Municipal Civl DIFFICULT TO WRITE
2. The correction of an entry or entries in the civil register is
Registrar to SUBSTANTIAL or CONTROVERSIAL as it affects the civil or PRONOUNCE;
render a status of a person; or 2) When the new first name or
decision nickname has been habitually and
The basis used in changing the first name or nickname of a person does continuously used by the petitioner
NOT fall under Section Section 4. and he has publicly known by that
CRG shall immediately notify the city or municipality civil registrar or the first name or nickname in the
consul general of the action taken on the decision. Upon receipt of the notice community; or
TRANSMIT COPY thereof, the city or municipality civil registrar or the consul general shall 3) When the change will AVOID
TOGETHER WITH notify the petitioner of such action.
CONFUSION.
THE RECORDS OF
THE PROCEEDINGS FOR RA 10172
TO THE OFFICE
Petitioner may seek reconsideration with the civil registrar general  Clerical or typographical error in
OF THE CIVIL
or file the appropriate petition with the proper court. the Date of Birth or Sex in the Birth
REGISTRAR
Certificate
GENERAL Failure 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 executor.
PROCEDURE FOR PETITION FOR CHANGE OF NAME UNDER RULE 103
WHO MAY FILE? (Sec. 1, Rule 103, ROC)
PETITION FOR
CHANGE OF NAME 2) A person desiring to change his name
CONTENTS OF THE PETITION: (SEC. 2) a) “Person in the rule refers to all
kinds of natural persons and
Signed and verified petition by the person
desiring his name changed, or some other person NOT just Filipino citizens. It
on his behalf with the ff. content: includes an alien domiciled in the
FILED WITH THE Philippines and an adopted child.
RTC OF THE 1) Petitioner has been bona fide [ Republic vs. Court of Appeals,
PROVINCE WHERE resident of the province where the GR 97906, May 21, 1992]
PETITIONER petition is filed for at least THREE (3)
RESIDES FOR YEARS PRIOR to the date of such JURISDICTIONAL REQUIREMENT
THREE YEARS filing (RESIDENCY
PRIOR TO DATE OF REQUIREMENT);
The ff. requirements are necessary before
FILING 2) The CAUSE for which the change of
-OR- the petition may proceed:
petitioner’s name is sought;
THE JUVENILE 3) The name asked for.
DOMESCTIC  The petition must be PUBLISHED
RELATIONS COURT CAPTION: BEFORE THE HEARING at least
ONCE A WEEK for THREE (3)
1) Real name SUCCESSIVE WEEKS in a
2) Name asked for newspaper of general circulation
3) Other names and aliases (NOGC) published in the province;
NOTICE/ORDER
 Both the title and the body of the
OF THE HEARING
Section 3, Rule 103 petition must accurately state:
 Recite the purpose o NAMES/ALIASES of
 Fix the DATE and PLACE of hearing applicant;
 Direct that a copy be published o Petitioner’s bona fide
PUBLICATION resident of the province
REQUISITE OF A VALID PUBLICATION where petition is filed for at
least three (3) years prior to
1) The petition and the copy of the order indicating the date date of filing of petition;
and place for the hearing must be published; o Cause for which change is
2) The publication must be at least once a week for three
sought; and
successive weeks; and
3) The publication must be in some NOGC published in the  New name asked for.
province, as the court shall deem best.
Among the grounds for change of name are
Take note of the caveat against the petition being heard within 30 days the ff:
PRIOR to an election or within four (4) months AFTER the last publication
of the notice of the hearing. [Republic vs. Rosalie Eloisa Bringas Bolante 1. When the name is:
a.k.a. Maria Eloisa Bringas Bolante, GR 1160597, July 20, 2006] a. RIDICULOUS
b. DISHONORABLE
c. EXTREMELY
DIFFICULT TO
WRITE;
2. When the change results as a
LEGAL CONSEQUENCE, as in
legitimation;
WHO MAY OPPOSE? (SEC. 4, RULE 103)
3. When the change will AVOID
 Any interested person may appear at the hearing and
CONFUSION;
oppose the petition. 4. When one has:
HEARING a. Continuously used
WHO PARTICIPATES ON THE PART OF THE GOVERNMENT? and been known since
(SEC. 4) childhood by a Filipino
name; and
The Solicitor General or the proper provincial or city fiscal shall
b. Was unaware of
appear on behalf of the Government of the Republic
alien parentage;
5. A SINCERE DESIRE to adopt a
Filipino name to erase signs of
former alienage, all in good faith
The court shall grant the petition only when satisfactory proof has and without prejudicing anybody;
JUDGMENT been presented in open court that: 6. When the surname causes
embarrassment and there is NO
 The order had been published as directed; showing that the desired change
 The allegations in the petition are true, and proper; and of name was for fraudulent
 Reasonable causes appear for changing the name of the purpose or that the change of
petitioner name would prejudice public
interest. [In re: Petition for
change of name and/or
Service of judgment “shall be furnished the civil registrar of the cancellation of entry in the civil
SERVICE OF municipality or city where the court issuing the same is registry of Julian Lin Carulasan
JUDGMENT situated…” (Sec. 6) Wang also known as Julian Lin
Wang, to be amended/corrected
as Julian Lin Wang vs. Cebu City
Civil Registrar, GR 159966,
March 30, 2005]
PROCEDURE FOR PETITION FOR CHANGE OF NAME UNDER RULE 108

PETITION FOR
CANCELLATION WHO MAY FILE? (Sec. 1, Rule 108, ROC)
CONTENTS OF THE PETITION: (SEC. 2)
AND/OR
CORRECTION OF 1) ANY PERSON who has an INTEREST in
Signed and verified petition by the person any ACT, EVENT, ORDER, or DECREE
ENTRIES
desiring his name changed, or some other person
concerning the civil status of persons
on his behalf with the ff. content:
which has been recorded in the civil
4) Petitioner has been bona fide register
resident of the province where the
FILED WITH THE petition is filed for at least THREE (3) JURISDICTIONAL REQUIREMENT
RTC OF THE YEARS PRIOR to the date of such
CITY/PROVINCE filing (RESIDENCY The ff. requirements are necessary before the
WHERE THE REQUIREMENT); petition may proceed:
CORESPONDING 5) The CAUSE for which the change of
CIVIL REGISTRY petitioner’s name is sought;  The petition must be PUBLISHED
IS LOCATED 6) The name asked for. BEFORE THE HEARING at least ONCE
A WEEK for THREE (3) SUCCESSIVE
CAPTION:
WEEKS in a newspaper of general
4) Real name circulation (NOGC) published in the
5) Name asked for province;
6) Other names and aliases  Both the title and the body of the petition
NOTICE/ORDER must accurately state:
OF THE HEARING o NAMES/ALIASES of
Section 3, Rule 103
applicant;
 Recite the purpose
 Fix the DATE and PLACE of hearing o Petitioner’s bona fide
 Direct that a copy be published resident of the province
PUBLICATION where petition is filed for at
REQUIREMENT least three (3) years prior to
REQUISITE OF A VALID PUBLICATION
date of filing of petition;
4) The petition and the copy of the order indicating the date o Cause for which change is
and place for the hearing must be published; sought; and
5) The publication must be at least once a week for three  New name asked for.
successive weeks; and
6) The publication must be in some NOGC published in the WHAT ARE THE GROUNDS FOR
province, as the court shall deem best. CANCELLATION AND/OR CORRECTION
Take note of the caveat against the petition being heard within 30 days OF ENTRY UNDER RULE 108?
PRIOR to an election or within four (4) months AFTER the last publication
of the notice of the hearing. [Republic vs. Rosalie Eloisa Bringas Bolante Among the grounds for change of name are:
a.k.a. Maria Eloisa Bringas Bolante, GR 1160597, July 20, 2006]
1) 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;
WHO MAY OPPOSE? (SEC. 5, RULE 108) e. Judgment of annulment
of marriage;
Any person having or claiming any interest under the entry
f. Judgment declaring
whose cancellation or correction is sought may, WITHIN 15
marriage void from the
HEARING days from notice of the petition, OR from the last date of
very beginning;
publication of such notice, file his opposition thereto.
g. Legitimations;
WHO PARTICIPATES ON THE PART OF THE GOVERNMENT? h. Adoptions;
(SEC. 5) i. Acknowledgments of
natural children;
The Civil Registrar j. Naturalization;
EXPEDITING k. Election, loss or
PROCEEDING recovery of citizenship;
Court may order to expedite the proceedings and may grant l. Civil interdiction;
PRELIMINARY INJUNCTION for the preservation of the rights of the m. Judicial determination of
parties PENDING such proceedings. filiation;
n. Voluntary emancipation
of a minor; and
JUDGMENT The court may either DISMISS the petition or GRANT the
o. Change of name
cancellation or correction prayed for. (Sec. 7, Rule 108)
Implead the CIVIL REGISTRAR and ALL
PERSONS who have a claim or any interest
which would be affected as indispensable
Service of judgment “shall be furnished the civil registrar of the
SERVICE OF municipality or city where the court issuing the same is parties which must be notified.
JUDGMENT situated…” (Sec. 7, Rule 108)