On change of name

Joe Pallugna

THERE has been confusion on what is the correct procedure in a petition for change of name as opposed to correction o f entries in the birth certificate of a person as to the Date and Place of Marriage of Parents.

A person can effect a change of name under Rule 103 of the Rules of Court using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce, (b) when the change results as a legal consequence such as legitimation, (c) when the change will avoid confusion, (d) when one has continuously used and been known since childhood by a Filipino name and unaware of 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, and (f) when the 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.

This petition should implead the Local Civil Registrar and can be filed in the place of residence of the petitioner.

However, when what is sought is the correction in the entry of Date and Place of Marriage of Parents, where one is incorrectly entered with a date and a place of marriage, but where the parents have not been married at all, the correct petition under Rule 108 should be filed.

Rule 108 provides that any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto with the RTC of the province where the corresponding civil registry is located.

In this case, not only shall it be filed in the place where the Local Civil Registry is located but it should implead the LCR, the Solicitor General, the supposed father and mother of the child, and all persons who have or claim any interest which would be affected thereby.

The petition under Rule 103 should be a separate proceedings than that provided for under Rule 103. They cannot be combined in one petition. A change of name petition under rule 103 cannot include a correction of entry from the erroneous Date and Place of Marriage of Parents to that of “No Marriage” as that would affect the status of a person from being legitimate to that of illegitimate.

This is the clear ruling of the Supreme Court in Republic of the Philippines versus Julian Edward Emerson Coseteng-Magpayo, G.R. No. 189476, February 2, 2011.

E-mail: joepallugna@yahoo.com