Surname Change in the Philippines: Complete Legal Guide (2025)
(processes • requirements • fees • timelines • key laws)

1. Why a surname matters

Under the Civil Code and the Family Code, a surname is not just a label: it carries civil status, filiation, citizenship, succession rights and even criminal liability for identity fraud. Because of these repercussions, Philippine law protects surnames and allows changes only in narrowly defined situations. (How to Legally Change Your Surname in the Philippines)

2. The two main pathways

Path	Governing law	What it can fix	Typical processing time
Administrative	R.A. 9048 (clerical errors); R.A. 10172 (day/month/sex of birth); R.A. 9255 (illegitimate child adopts father’s surname); R.A. 11222/11642/11767 (adoption & foundlings)	Misspelled surnames, obvious clerical slips, or switch from mother’s to father’s surname with consent & proof of paternity	2–6 months
Judicial	Rule 103 (change of name); Rule 108 (substantial correction); Family-court-assisted adoption before 2022 (now NACC); legitimation (R.A. 9858)	Any substantial change (e.g., safety reasons, cultural assimilation, stigma, transition, duplication) or complex filiation issues	6–18 months (longer if opposed)

(Timelines exclude COVID-19 backlogs; Metro Manila courts are currently booking hearings 4-6 months out.) (Change of Name (Rule 103) | SPECIAL PROCEEDINGS, Change of Child’s Surname in the Philippines for Unwed Parents)

3. Key statutes & rules at a glance

Citation	Scope
Civil Code Art. 370-380	Married women’s & children’s surnames
Family Code Art. 174-176, 364	Filiation, legitimacy & illegitimate children
R.A. 9048 (2001) as amended by R.A. 10172 (2012)	Lets Local Civil Registrar (LCR) correct clerical errors; ₱1 000 fee (clerical) or ₱3 000 fee (change of first name). It does not cover a new surname, but it can fix a misspelled one. (What is Republic Act 9048? 2. The new first name or nickname has been ...)
R.A. 9255 (2004) & PSA AO 1-16	Allows an illegitimate child to use the father’s surname without court; notarised Affidavit to Use the Surname of the Father (ATUSF) + father’s acknowledgement. Typical LCR fee ₱1 500–₱2 500. ([Republic Act No. 9255
R.A. 11222 (2019) (Simulated-Birth Rectification)	One-time administrative amnesty to correct a birth certificate that was “simulated”; rectification automatically grants adoptive parents’ surname. Filing fee ₱2 000–₃ 000 with the NACC/DSWD. (AN ACT ALLOWING THE RECTIFICATION OF SIMULATED BIRTH RECORDS AND ..., 2019 How to Correct Simulated Birth through RA 11222)
R.A. 11642 (2022) (Domestic Administrative Adoption)	Moves all local adoptions to the National Authority for Child Care (NACC); the adoption order automatically amends the civil-registry surname. NACC filing fee ₱10 000 (waivable for indigents). (Republic Act No. 11642 - The Lawphil Project, Adopted Children - R.A. No. 11642 or the Domestic Administrative ...)
R.A. 11767 (2022) (Foundling Act)	Foundlings receive a government-issued Foundling Certificate and, later, an adoptive surname under R.A. 11642. (Republic Act No. 11767 - The Lawphil Project, Implementing Rules and Regulation of Republic Act No. 11767)
RULE 103 of the Rules of Court	Court petition to “Change Name” (surname or entire name)
RULE 108	Judicial “Cancellation or Correction of Entries” for matters affecting civil status (e.g., legitimacy)

4. Administrative track—step-by-step

Pre-file
- Secure a PSA-issued birth certificate, valid ID(s), and documentary proof of the correct surname (school records, Baptismal certificate, passport, etc.).
File the Petition
- Go to the Local Civil Registrar (place of birth or current residence).
- Pay ₱1 000 (clerical) or ₱3 000 (first-name change) under R.A. 9048, or ₱1 500–₂ 500 under R.A. 9255. Overseas: US $150 before a Philippine Consulate. (What is Republic Act 9048? 2. The new first name or nickname has been ..., Revised Implementing Rules and Regulations of Republic Act No. 9255)
Posting / Notice
- LCR posts the petition for 10 days on the municipal bulletin board. (For R.A. 9255, no newspaper publication is required.)
Registrar’s action
- LCR must decide within 5–10 days; if approved, the file is forwarded to the PSA-OCRG for annotation. (What is Republic Act 9048? 2. The new first name or nickname has been ..., RULES AND REGULATIONS GOVERNING THE IMPLEMENTATION OF REPUBLIC ACT NO. 9255)
Release
- Wait for the PSA to issue an annotated Certificate of Live Birth (1–3 months; rush service available for ₱365 per copy).

Total cash outlay (typical): ₱2 500–₱6 000 (LCR fee + notary + documentary stamps + new PSA copies).

5. Judicial track—Rule 103 or 108

Required in any of these situations
Switching to an entirely new surname for personal or security reasons
Fixing legitimacy/filiation beyond clerical scope
Double-checking gender-marker changes with a surname change
The LCR has denied an administrative petition

How the case progresses

Draft & verification – through counsel, prepare a verified Petition citing grounds (e.g., surname causes ridicule, petitioner has long been known by another surname, risk to safety, child’s best interest, etc.).
File with the RTC where the petitioner resides, together with:
- PSA birth/marriage certificates
- NBI & police clearances
- Supporting affidavits & IDs
- Pay docket & legal fees (see table below).
Court order & publication – Judge issues an Order setting hearing and directing publication once-a-week × 3 weeks in a newspaper of general circulation. Publication costs vary greatly (₱8 000–₱15 000 in NCR; ₱3 000–₱8 000 in the provinces). (How to File a Petition to Change Your Surname - respicio.ph)
Hearing – Present testimonial & documentary evidence; OSG/Prosecutor appears to guard against fraud.
Decision & finality – After the decision becomes final (15 days), the RTC sends an Entry of Judgment to the LCR & PSA for annotation.

Court-fee matrix (Rule 141, 2024 rates)

Item	Typical NCR amount
Basic docket fee (special proceeding)	₱3 000 (Filing Fees - Supreme Court of the Philippines)
Sheriff’s Trust Fund	₱1 000
Legal Research Fund (1 %)	₱30
Mediation fee	₱500
Subtotal	≈ ₱4 530

(Indigents may file in forma pauperis upon showing income below the poverty threshold.) (Rules of Court - Legal Ethics - The Lawphil Project)

Other unavoidable expenses

Expense	Ball-park (₱)
Publication (3 weeks)	3 000 – 15 000
Notarial & documentary stamps	500 – 1 000
Certified copies & PSA re-issuance	500–800
Lawyer’s professional fee	20 000 – 60 000 (flat) or ₱3 000+/appearance

6. Special statutes that automatically change a surname

Law	Mechanism	Fees / agency
R.A. 9255	ATUSF recorded with LCR	₱1 500–₂ 500 LCR; notary ₱300
R.A. 9858 Legitimation	After parents’ subsequent valid marriage, the child is legitimate and bears father’s surname; LCR annotation only.	₱1 000–1 500
R.A. 11222 (Simulated Birth)	NACC rectifies record + issues new birth cert	₱2 000–3 000
R.A. 11642 (Administrative Adoption)	NACC Order amends record; no separate surname petition.	₱10 000 filing; waived if indigent
R.A. 11767 (Foundlings)	Foundling Certificate → later adoption under R.A. 11642	Minimal; subsidised by NACC/DSWD

7. Frequently-asked questions

Question	Answer
Can I just start using a different surname?	No. Use of an un-amended PSA record can nullify government IDs, void passports, and expose you to perjury.
Is gender transition a ground?	Philippine jurisprudence (Silverio v. Republic, 2007) bars sex-marker changes absent congressional action; but surname changes motivated by transition may be entertained if petitioner shows compelling non-fraudulent reason.
How long before the new surname appears on my passport?	DFA requires the annotated PSA birth certificate or RTC decision + authenticated Entry of Judgment. Processing is usually possible 2–3 weeks after PSA annotation.
What if the RTC denies my petition?	You may appeal to the Court of Appeals within 15 days; filing fee ≈ ₱5 000, exclusive of transcript bonding and printing.

8. Practical tips & common pitfalls

Double-check your grounds – RA 9048 cannot create a brand-new surname; only misspellings. Filing the wrong petition wastes fees.
Budget realistically – Court publication is the single biggest variable; ask at least three newspapers for a quote before the hearing.
Secure clearances early – NBI clearances for “change of name” petitions are valid for only 6 months.
Track PSA status online – Once annotation transmittal is acknowledged, you can order the new certificate at psahelpline.ph using the reference number printed on the LCR transmittal.
Keep receipts – LCRs require original Official Receipts when you claim the approved petition; losing them means paying again for certification.

9. Summary cost checklist (2025 pesos)

Scenario	Government fees	Third-party costs	Total cash out-of-pocket
Misspelled surname (RA 9048)	₱1 000	Notary 300 + new PSA 365	≈ ₱1 700
Illegitimate child adopts father’s surname (RA 9255)	₱1 500–₂ 500	Affidavit & IDs 600	≈ ₱2 100–₃ 100
Judicial change of surname (Rule 103)	₱4 530	Publication 8 000–15 000 + atty 20 000+	≈ ₱32 000–₅₀ 000 +
Simulated-birth rectification (RA 11222)	₱2 000–₃ 000	DSWD social-worker reports (free)	≈ ₱2 500–₃ 500
Administrative adoption (R.A. 11642)	₱10 000 (waivable)	Home-study & seminars (often free)	₱0–₁₀ 000

10. Final word

Changing a surname in the Philippines ranges from a quick ₱1 700 rectification at your local Civil Registrar to a year-long court case costing tens of thousands. The golden rule: match the procedure to the kind of change you need—clerical vs. substantial, legitimacy vs. personal preference—then budget accordingly. Always start with the Local Civil Registrar or a licensed attorney to confirm which track applies to you.