Differences under Rule 103, Rule 108 and R.
A 9048
Rule 103
Change of Name
Change of Full Name (sub-
stantial corrections)
Judicial; hearing is neces-
sary.
1.The person desiring to
change his name


2.Some other person on his
behalf
RTC of the province where
the petitioner resides at least ing civil registry is located.
3 years prior to the filing
Rule 108
Name of Law
Cancellation/ Correction of
Entries in the Civil Registry
Subject Matter
Change or corrections in the
civil entries (substantial cor-
rections)
Nature
Judicial; hearing is neces-
sary Summary if it involves
clerical errors

Adversarial if it involves sub-
stantial errors.
Who may file
Natural person having direct
and personal interest in the
correction of error in an entry
in the civil register
Where filed
RTC where the correspond-
R.A. 9048
Clerical Error Act
Change of first name and
nickname and civil entries
(only typographical or clerical
error)
Administrative; hearing is not
necessary.
A natural person having di-
rect and personal interest in
the change of first name or
nickname in the civil register.
1. Local Civil Registry office
where the record is kept;
2. Consul general.
 Rule 103
1. That petitioner is a bona
fide resident of the prov-
ince where the petition is
filed for at least three(3)
years prior to the date of
filing
2. Cause for change of
name
3. Name asked for
The petition shall be signed
and verified.
Rule 108
1. That petitioner is a bona
fide resident of the prov-
ince where the petition is
filed for at least three(3)
years prior to the date of
filing
2. The cause for which the
change of the petition-
er’s name is sought
3. Name asked for; and
4. All names by which peti-
tioner is known.
Form of Petition
Verified petition
R.A. 9048
1. The facts necessary to
establish the merits of
the petition
2. That the petitioner is
competent to testify to
the matters stated
3. The erroneous entry
which are sought to be
corrected; and
4. All names by which peti-
tioner is known.
(1) In the form of an affidavit

(2) Verified

(3) Subscribed and sworn to
before any person autho-
rized by law to administer
oaths

Grounds for Change of Name

(1) The name is ridiculous,
tainted with dishonor or ex-
tremely difficult to write or
pronounce. (2) Change re-
sults as a legal consequence
of legitimation
 (3)Death
 name is ridiculous, tainted
(3) The change will avoid
confusion. (4) A sincere de-
sire to adopt a Filipino name
to erase signs of former
alienage (Ang Chay vs. Re-
public, 1970)
(5) Having continuously used
and been known since child-
hood by a Filipino name,
having been unaware of
alien parentage (Uy vs. Re-
public, 1965)
Entries subject to cancella- Sec. 4: Grounds for Change
tion or correction:
 of FirstName or Nickname
(1)Birth

(2)Marriage 

(1) The first name or nick-
(4)Legal separation
 with dishonor or extremely
(5)Judgment of annulment difficult to write or pro-
(6)Judgment declaring mar- nounce.
riage null and void

(7)Legitimation

(8)Adoption

(9)Acknowledgment of nat-
ural children

(10)Naturalization

(11)Election, loss or recovery
of citizenship

 Rule 103 Rule 108 R.A. 9048

(12)Civil interdiction
 (2) The new first name or

(13)Judicial determination of
filiation (14)Voluntary eman-
cipation of minor
(15)Changes of name
nickname has been habitual-
ly and continuously used by
the petitioner and he has
been publicly known by the
first name or nickname in the
community.

(3) The change will avoid

confusion.

Who must be notified

Solicitor General/ Interested Civil registrar as respondent; Interested parties/Solicitor
parties. Solicitor General/ Interested General need not be notified.
parties.

Notice and Publication

Order for hearing shall be
published once a week for 3
consecutive weeks.
Notice of hearing
Order for hearing shall be
published once a week for 3
consecutive weeks
Notice of hearing
Order for hearing in case of
change of first name/nick-
name shall be published
once a week for 2 consecu-
tive weeks.

Publish the whole affidavit

Posting
No Posting No posting Duty of the civil registrar or
Consul to post the petition in
a conspicuous places for
then consecutive days
Opposition
 Rule 103
Any interested person
Court of Appeals
No provision as to the pay-
ment of fees.
Service of judgment shall be
upon the civil register con-
cerned
Appeal may be availed of if
judgment or final order ren-
dered affects substantial
rights of person appealing.
Rule 108
Civil registrar and any per-
son having or claiming inter-
est under the entry whose
cancellation or correction is
sought
Where to appeal
Court of Appeals
Payment of fees
No provision as to the pay-
ment of fees.
Judgement
Service of judgment shall be
upon the civil register
Appeal may be availed of if
judgment or final order ren-
dered affects substantial
rights of person appealing, to
the RTC or to the CA.
R.A. 9048
N/A

NOTE: The Civil Registrar
General is given the power to
object to the decision of the
Local Civil Registrar
Civil Registrar General (head
of NSO)
The city or municipal civil
registrar or the consul gen-
eral shall be authorized to
collect reasonable fees as a
condition for accepting the
petition. An indigent petition-
er shall be exempt from the
payment of the said fee.
Transmittal of decision to civ-
il registrar general concerned
In case denied by the city or
municipal civil registrar or the
consul general, petitioner
may either appeal the deci-
sion to the civil register gen-
eral or file appropriate peti-
tion with proper court by peti-
tion for review under Rule
43.