Summary: Rules 103, 108 v. RA 9048

RULE 103

Rule/Law –
Change of Name

Subject Matter –
 Change of name or family name (substantial corrections)

Who may file? –
Any person desiring to change his name

What is the venue? –
The RTC of the province in which petitioner has resided in for at least 3 years prior to filing

Contents of the petition –
(a) That 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 petitioner's name is sought; (c) The name asked for. (Section 2)

What are the grounds? –
(a) Name is ridiculous, tainted with dishonor and extremely difficult to write of pronounce; (b) Consequence of change of status; (c) Necessity to avoid confusion; (d) Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; (e) A sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and without prejudicing anybody.

What is the nature of the proceeding? –
Judicial

What to file? –
A signed and verified petition

Notice and publication –
At least once a week for three consecutive weeks in a newspaper of general circulation (notice of hearing)

Posting –
No posting required

Who participates on the part of the Government? –
The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.

Where to appeal? –
Appeal to the Court of Appeal

RULE 108

Rule/Law –
Cancellation/ Correction of Entries in the Civil Registry

Subject Matter –
Cancellation or correction of civil registry entries (substantial corrections)

Who may file? –
Any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register. (Section 1)

What is the venue? –
RTC of city or province where the corresponding civil registry is located

Contents of the petition –
???

What are the grounds? –
Good and valid grounds

What is the nature of the proceeding? –
Judicial proceeding adversarial in nature especially because it involves substantial changes and affects the status of an individual

What to file? –
Verified petition for the cancellation or correction of any entry

Notice and publication –
At least once a week for three consecutive weeks in a newspaper of general circulation (notice of hearing)

Posting –
No posting required

Who participates on the part of the Government? –
The Civil Registrar

Where to appeal? –
Appeal to the Court of AppealRA 9048

Rule/Law –
Clerical Error Act

Subject Matter –
Change of first name or nickname and correction of civil registry entries (only typographical or clerical errors)

Who may file? –
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 (Section 3)

What is the venue? –

1. Local civil registry office of the city or municipality where the record being sought to be corrected or changed is kept;
2. Local civil registrar of the place where the interested party is presently residing or domiciled;
3. Philippine Consulate

Contents of the petition –

1. Facts necessary to establish the merits of petition;
2. 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: (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; (2) At least two (2) public or private documents showing the correct entry or entries upon which the correction or change shall be based; and (3) 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. (Section 5)

What are the grounds? –

1. 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 petitioner and he has been publicly known by that first name or nickname in the community, or;
3. The change will avoid confusion. (Section 4)

What is the nature of the proceeding? –
Administrative proceeding

What to file? –
An affidavit

Notice and publication –
At least once a week for two consecutive weeks (publish the whole affidavit) in change of first name or nickname

Posting –
Duty of the civil registrar or Consul to post petition in a conspicuous place for 10 consecutive days

Who participates on the part of the Government? –
The Civil Registrar or Consul.

Where to appeal? –
Appeal to the Civil Registrar General (head of NCSO)