Rule 103: Change of Name
Under Art. 376 of the Civil Code, no person can change his name or surname without juridical authority. Since it involves substantial changes, the objective is the prevention of fraud.
WHAT IS THE NATURE OF THIS PROCEEDING?
To establish the status of a person involving his relation with others, that is, his legal position in, or, with regard to the rest of the community
WHO MAY FILE?
Personally filed by natural persons regardless of status
[1] Adopted child (Rep. v. Wong, 209 SCRA 189)
[2] Alien --domiciled in the Philippines, not one temporarily staying
WHAT ARE THE JURISDICTIONAL REQUIREMENTS?
[1] Publication of petition for 3 consecutive weeks in newspaper, etc., and;
[2] Both title or caption and body shall recite (a) name or names or alias of applicant, (b) cause for which change of name is sought, and (c) new name asked for.
WHY THE STRICT RULES?
Change of name is a matter of public interest. The petitioner might be meaning to change his name to avoid obligations or justice. Aliens may do this to evade deportation orders.
The State has an interest in the names borne by individuals and entities for purposes of identification. A change of name is a privilege and not a right, so that before a person can be authorized to change his name, he must show proper or reasonable cause, or any compelling reason which may justify such change.
WHAT ARE THE GROUNDS?
[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.
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. In the case at bar, the only reason advanced by petitioner for dropping his middle name is convenience (In Re Petition for Change of Name and/or Correction/Cancellation of Entry of Civil Registry of Julian Lin Carulasan Wang)
OTHER CASES
Under Art. 176 of the Civil Code, Giovanni is entitled to change his name as he was never recognized by his father while his mother has always recognized him as her child. A change of name will erase the impression that he was ever recognized by his father. It is also his best interest as it will facilitate his mothers intended petition to have him join her in the United States. The Court will not stand in the way of the reunification of mother and son. (Republic of the Philippines vs. Capote)
The court shall grant the petition under Rule 103 only when satisfactory proof has been presented in open court that the order had been published as directed, the allegations in the petition are true, and proper and reasonable causes appear for changing the name of the petitioner. (A.M. No. 06-7-414-RTC, October 19, 2007)
As for respondents change of name under Rule 103, this Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow. The trial courts grant of respondents change of name from Jennifer to Jeff implies a change of a feminine name to a masculine name. Considering the consequence that respondent s change of name merely recognizes his preferred gender, we find merit in respondents change of name. Such a change will conform with the change of the entry in his birth certificate from female to male. (Republic v. Cagandahan)
