Dear Attorney,

I would like to know how I can change the first name of my child. Is this possible under Philippine law? What are the conditions or requirements I need to fulfill for this process? I appreciate your help.

Sincerely,
Concerned Parent

Insights

The legal process of changing a person's first name in the Philippines is governed by the "Clerical or Typographical Error Law" or Republic Act No. 9048, as amended by Republic Act No. 10172. These laws allow for the administrative correction of certain civil registry entries without the need for judicial proceedings, which used to be the norm before these laws were enacted. This provides an efficient and cost-effective way for individuals to correct or change certain details in their civil registry records, including their first name.

Conditions for Changing a First Name

Under R.A. No. 9048, you can file a petition for the change of first name for any of the following valid reasons:

The first name is ridiculous, tainted with dishonor, or extremely difficult to pronounce.
- This applies to names that may cause embarrassment to the person due to the nature of the name.
The petitioner has been habitually and continuously using the desired first name and has been known by that first name in the community.
- The petitioner should demonstrate through records and witness testimony that they have long been using the new first name in everyday life.
The change will avoid confusion.
- For instance, the petitioner may have a name that is very similar to a close relative or another individual in the same community, which can cause practical or legal difficulties.

Steps to Change a First Name

Here’s how the process typically works in the Philippines:

File a petition with the local civil registrar where the birth certificate is registered.
- The petition must be in writing, under oath, and filed with the local civil registry office of the city or municipality where the birth certificate was recorded.
Submit necessary documents.
- Documents required for the petition include:
  - Certified true copy of the birth certificate.
  - At least two documents showing the use of the desired name (e.g., school records, employment records, government-issued IDs).
  - Proof of publication of the notice of the petition in a newspaper of general circulation.
Pay the required fees.
- There are fees associated with filing the petition, which include administrative and publication costs.
Await approval.
- Once the civil registrar receives the petition, they will review the documents and determine if the petition meets the legal requirements. If approved, the change will be annotated on the birth certificate. If denied, the petitioner may have to take the case to the courts.

Court Intervention

In cases where the petition is denied by the local civil registrar or if there are special circumstances that go beyond the typical reasons for a name change, judicial recourse may be sought. Under Rule 103 of the Revised Rules of Court, individuals can file a petition with the Regional Trial Court for a judicial declaration to change the first name.

Legal Consequences and Considerations

Changing the first name of a child is a significant legal act and has various consequences. For example, all official documents, including identification cards, school records, and employment papers, will need to be updated to reflect the name change. This can be a time-consuming and bureaucratic process, though it is necessary to ensure consistency across all legal documents.

It’s important to note that the change of first name through R.A. No. 9048 does not affect the individual’s legal personality or rights under Philippine law, as it is simply a change of name and not a change of identity.

In the case of minors, parents or guardians are required to file the petition on behalf of the child. Furthermore, the petition must include a clear and valid reason for why the name change is being sought to ensure that the child’s welfare is considered.

For all matters related to legal name changes, it is highly recommended to consult with a lawyer who specializes in family law to ensure that all necessary steps are followed and the petition is handled appropriately.