Distinctions: Rule 103 Change of Name Rule 108 Cancellation/Correction of Entries in the Civil Registry Change or corrections in the

civil entries (substantial corrections) 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) RTC of city or province where the corresponding civil registry is located R.A. 9048 Clerical Error Act

Name of Law

Subject Matter

Change of full name (substantial corrections)

Who may File

A person desiring to change his name. (Section 1)

Venue

RTC of the province in which petitioner resides for 3 years prior to filing, or, in the City of Manila, to the Juvenile and Domestic Relations Court.

Contents of petition

(a) That the 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 the petitioners name is sought; The name asked for. (Section 2)

(a) That the 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 the petitioners name is sought; The name asked for. (Section 2)

Change of first name and nickname and civil entries (only typographical or clerical errors) 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) 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 Consulates; (a) Facts necessary to establish the merits of the petition; (b) particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made; The petition shall be supported with 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

Grounds

What king of proceeding:

1. Name is ridiculous, tainted with dishonor and extremely difficult to write of pronounce; 2. Consequence of change of status; 3. Necessity to avoid confusion; 4. Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; 5. A sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and without prejudicing anybody. Judicial Proceeding

Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected

correction or change shall be based; and (3) Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition. (Section 5) 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 by that first name or nickname in the community: or 3. The change will avoid confusion. (Section 4)

What to file

File a signed verified petition

and

Notice and Publication

At least once a week for three consecutive weeks in some newspaper circulation (notice of hearing) No posting

Posting

Summary proceeding This can be concerted to an adversarial proceeding if there are substantial changes and affect the status of an individual File a verified petition for the cancellation or correction of any entry At least once a week for three consecutive weeks in some newspaper of general circulation (notice of hearing) No posting

Administrative Proceeding

File an affidavit

At least once a week for two consecutive weeks (publish the whole affidavit)

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

The Civil-Registrar

Duty of the civil registrar or Consul to post the petition in a conspicuous place for 10 consecutive days The Civil-Registrar or the Consul

Where to appeal:

Republic Appeal decision with the Court of Appeals

Appeal decision with the Court of Appeals

Appeal decision to the Civil Registrar General (head of NCSO)