Dear Attorney,

I hope this letter finds you well. I am writing on behalf of a Korean national who has legally changed their name in their home country during a temporary leave from a Philippine university. After a long hiatus caused by the COVID-19 pandemic, this individual intends to resume studies at the same university here in the Philippines. However, the university’s administration has requested that the high school records (Form 137A) also reflect the new legal name, even though it has been more than ten years since the individual graduated from high school.

May I respectfully inquire: Is it truly necessary for this individual to go through the process of updating their high school records in order for their university-level records to be amended? They are concerned about the potential complexity, time, and expense involved in requesting an amendment of high school records back in Korea. Any guidance on how to align these requirements with Philippine law and administrative procedures would be greatly appreciated.

Thank you for your time and expertise. I look forward to your advice.

Sincerely,

A Concerned Party

LEGAL ARTICLE: COMPREHENSIVE GUIDE ON NAME CHANGES FOR FOREIGN STUDENTS RE-ENROLLING IN PHILIPPINE UNIVERSITIES

In the Philippines, administrative processes involving name changes and amendments to student records are governed by a combination of laws, regulations, and institutional guidelines. A Korean national who has changed their name in their home country might find it challenging to align legal documents across multiple jurisdictions. This article aims to clarify the various legal and administrative requirements for a foreign individual who wishes to re-enroll in a Philippine university under a new legal name. Below is a meticulous discussion of the topic, including relevant legal references, potential issues, and recommended procedures.

1. Introduction to Philippine Name Change Policies

1.1. Governing Laws and Regulations

Name changes in the Philippines are primarily governed by:

Republic Act No. 9048, as amended by Republic Act No. 10172, which outlines the administrative procedure for correcting certain clerical or typographical errors in the civil register without the need for a judicial order, although this primarily applies to Philippine nationals.
Rule 103 of the Rules of Court (Change of Name), which is often invoked by Filipino citizens who need a judicial order to change their names for reasons beyond clerical errors.
Records management policies set by the Department of Education (DepEd) for primary and secondary schools, and by the Commission on Higher Education (CHED) for tertiary institutions.

For a foreign national who has already changed their name legally in another country, the question becomes how those foreign documents should be recognized in Philippine institutions, such as a university and secondary schools that may hold relevant records.

1.2. Applicability to Foreign Nationals

The Philippine system respects the valid legal acts of another country, such as a court-sanctioned name change or an administrative name change. However, local administrative bodies and educational institutions typically request authenticated or apostilled documents to verify the foreign legal change of name. For a Korean national, a name change decision or certificate from Korean authorities would need proper authentication—either through an apostille (if both countries are members of the Apostille Convention) or through consular certification.

2. The Requirement to Update High School Records (Form 137A)

2.1. What Is Form 137A?

Form 137A is the official transcript of records for a student in Philippine secondary education. This document contains a comprehensive record of the student’s academic performance from first to fourth year of high school, along with personal data such as the student’s name and date of birth. It is a fundamental record required for admission to higher education institutions in the Philippines.

2.2. Why Universities Request Consistency in Records

Tertiary institutions in the Philippines, including universities and colleges, generally require consistency in a student’s official personal data. When a returning student wishes to re-enroll, the university verifies that the name on the high school record (Form 137A) matches the name on other official documents, such as:

Passport or Alien Certificate of Registration (ACR)
Valid visas or residency permits
Birth certificate or certificate of legal name change

If the name on the high school record differs from the current legal name, the university may demand an updated version to maintain consistent records. This avoids potential confusion, fraud, or future disputes about the authenticity of credentials.

2.3. Administrative Guidelines from the Department of Education (DepEd)

DepEd is responsible for promulgating regulations covering elementary and secondary education records. Although name change policies are usually geared towards Philippine nationals, DepEd can also process requests from foreign nationals who studied in the Philippine secondary system. Key points include:

Authentication Procedures. DepEd may require copies of the foreign student’s legal name change documents, duly authenticated or apostilled, before effecting changes on Form 137A.
Timeframe. There is no strict expiration on requesting corrections or name changes, but administrative delays may occur due to the verification processes.
Costs. Typically, a modest fee may be charged for re-issuance of Form 137A. If the student’s high school has closed down or merged, DepEd or the relevant division office can sometimes assist in retrieving and updating the records.

3. The Legal Implications of Not Updating High School Records

3.1. Risk of Discrepancies in Official Identity

If a foreign national’s new legal name is not reflected in their older academic records, inconsistencies may arise. This discrepancy could trigger questions about the student’s identity, especially when seeking:

Professional licensure in the Philippines
Future academic admissions or transfers
Legal recognition of degrees and transcripts, both locally and internationally

3.2. Potential Complications with Government Agencies

Other Philippine government agencies, such as the Bureau of Immigration or the Professional Regulation Commission (PRC), might require consistent documentation when foreign nationals engage in certain legal processes. Discrepancies in educational records could complicate applications for work visas, professional licenses, or even naturalization if the student later chooses to seek a different residency status.

3.3. The Doctrine of Regularity and Integrity of Records

Philippine educational institutions frequently adhere to the principle that the records they issue must be accurate and authentic. If a student’s university credentials indicate a different name from their high school credentials, it could undermine the perceived reliability of those documents. As such, many universities err on the side of caution by requiring name harmonization across all records.

4. Guidance Under Philippine Law for Foreign Nationals

4.1. Recognition of Foreign Name Changes

Philippine law generally respects acts performed under the laws of another country, provided these acts do not contravene Philippine public policy. If a Korean court or administrative agency has validly processed a name change for a Korean national, Philippine institutions can typically acknowledge that name change upon presentation of duly authenticated or apostilled documents.

4.2. Possible Need for Judicial or Administrative Proceedings in the Philippines

In certain cases, foreign nationals may still need to undergo local proceedings to have their foreign name change recognized in Philippine records. However, this requirement often pertains more to personal circumstances like marriages or guardianships, rather than straightforward academic record updates. If the name change was lawfully done overseas and the foreign national’s home documents are complete, the process of updating school records might be purely administrative and not necessarily judicial.

4.3. Apostille and Consular Certifications

The Apostille Convention greatly simplifies the authentication process for documents from other signatory countries, including the Republic of Korea and the Republic of the Philippines. By obtaining an apostille on the Korean name change document, the foreign national can present it to Philippine authorities without needing additional consular notarization. However, if complications arise or the documents are not apostilled, one might need to go through the Philippine Embassy or Consulate for proper certification.

5. Practical Steps in Updating High School Records

5.1. Contacting the High School or DepEd Division Office

The first step is for the foreign national to reach out to the registrar of the high school from which they graduated. If the school has the same contact information and is still operational, the student can submit a formal request and attach:

A letter requesting amendment of the name on Form 137A
Certified true copies of the foreign legal name change documents (with apostille or consular certification)
A copy of the passport or ACR/I-Card reflecting the new legal name

If the high school is no longer operational, the foreign national may need to contact the DepEd Division Office that has custody of the school’s records.

5.2. Paying the Required Fees and Complying with Any Additional Requirements

There may be administrative fees involved for retrieving records, processing amendments, and printing a revised Form 137A. Additionally, DepEd or the school might require a sworn affidavit, executed by the foreign national, attesting to the authenticity of the name change documentation.

5.3. Timeline and Follow-Up

Foreign nationals should note that processing can take several weeks, particularly if there are additional verification steps. It is wise to follow up regularly with the school registrar or the DepEd Division Office to ensure the request is moving forward.

6. Re-Enrolling in the University After Updating Records

6.1. Presenting the Updated Form 137A

Once the revised high school transcript (Form 137A) is issued, the foreign national can present it to the university. The university registrar should then be able to proceed with updating the student’s official university record to match the new legal name.

6.2. Additional Documentation

Universities typically ask for the following supplemental documents:

Alien Certificate of Registration (ACR) or Special Study Permit (SSP), reflecting the student’s current legal name
Valid Passport showing the new legal name
Birth Certificate or Certificate of Name Change (for verification)

By providing these documents together with the updated Form 137A, the student can help ensure that the university record accurately reflects their current legal name.

6.3. Potential Exemptions or Waivers

In some instances, the university may have internal guidelines allowing a waiver if the foreign national can prove, through other means, that they are the same person named in the older high school record. However, acceptance of such a waiver is not guaranteed, and the safest path to avoid administrative hurdles is to obtain an updated Form 137A.

7. Alternatives to Updating High School Records

7.1. School or University Waivers

Certain higher education institutions might permit an alternative procedure: the student could sign a notarized affidavit of one and the same person, along with providing the foreign name change documents and relevant IDs. However, this approach might not be uniformly accepted across all institutions, and some might insist on a properly updated Form 137A.

7.2. Legal Counsel Intervention

If the foreign national faces undue difficulty or if the high school refuses to issue updated records, it may be prudent to seek the assistance of a Philippine attorney. The attorney can issue demand letters, coordinate with local authorities, and ensure that the procedure moves forward in a lawful manner.

8. Potential Consequences of Non-Compliance

8.1. Delayed Re-Enrollment

Without aligning the student’s records, the university may put the re-enrollment process on hold until the discrepancy is resolved. This could jeopardize the student’s academic trajectory and prolong their education.

8.2. Future Credential Verification Issues

If the discrepancy remains unaddressed, the student could encounter problems if they choose to transfer to another university, pursue postgraduate studies, or seek professional licensure in the Philippines or abroad. Credential verification agencies often scrutinize inconsistencies in names between documents.

9. Common Questions and Misconceptions

9.1. “I Already Have a New Passport; Isn’t That Enough?”

Many foreign nationals believe that having an updated passport reflecting the new name obviates the need to amend old school records. In reality, educational institutions often require continuity across all historical records. The mere possession of a new passport does not retroactively correct the details on Form 137A or any previous school documents.

9.2. “I Studied in the Philippines Many Years Ago; Does the Time Gap Matter?”

Generally, there is no strict statute of limitations on updating educational records to reflect a legitimate name change. Although it might be more challenging to request amendments a decade after graduation, the requirement for accurate records persists. Institutions may impose additional steps to verify the authenticity of the request due to the length of time since graduation.

9.3. “Can I Just Use an Affidavit of Discrepancy?”

While an affidavit of discrepancy can be a powerful supporting document, it does not carry the same weight as having the official records themselves updated. Some universities may allow it as a short-term workaround, but the most reliable solution is to secure an updated Form 137A.

10. Recommended Best Practices

10.1. Secure the Proper Apostilles or Authentications Early

Since delays in authentication can be significant, it is wise to begin the process of getting the relevant documents apostilled or consularized as soon as possible. This will be crucial for presenting your legal name change to Philippine agencies and educational institutions.

10.2. Coordinate with Both High School and University Registrars

Maintaining open lines of communication with both the high school and university ensures that all parties understand the request. Provide them with copies of your name change order, translated and authenticated if necessary, to avoid confusion and expedite the process.

10.3. Seek Legal Advice If Obstacles Arise

If a foreign national meets institutional or bureaucratic resistance, consulting a Philippine attorney well-versed in education law and immigration procedures can help move the process forward. A legal professional can clarify the rights of the foreign national, correspond with school officials, and if needed, represent the foreign national’s interests in any administrative or judicial forum.

11. Conclusion

For foreign nationals who have undergone a name change abroad, the Philippine educational system can impose a series of steps to ensure that all academic records are uniform. High schools, universities, and relevant government agencies, such as the Department of Education and the Commission on Higher Education, generally require updated documents to align with the new legal name. While the process can be lengthy, the consistency that results is crucial for the integrity of educational credentials and future endeavors, including further studies and professional licensing.

By understanding and complying with these requirements, foreign students can effectively re-enroll in Philippine universities without complications stemming from mismatched documentation. Though it may be time-consuming to update Form 137A after a decade or more, doing so helps protect the student from future administrative difficulties. In certain cases, a properly supported waiver or affidavit of one and the same person may suffice, yet the most universally recognized approach remains the updated records themselves.

Ultimately, while obtaining an updated high school record might not be strictly mandated by law in every possible scenario, most universities’ policies strongly encourage or require it to streamline and validate the re-enrollment process. Taking proactive steps—securing authentication of foreign documents, contacting the high school or DepEd for updating Form 137A, and coordinating with the university registrar—can facilitate a smoother transition back into academic life for a Korean national or any other foreign individual who has changed their name abroad.

Disclaimer: This legal article is provided for informational purposes only and does not constitute formal legal advice. Laws, regulations, and institutional policies may change. For any specific concerns or special circumstances, consult with a qualified Philippine attorney or the appropriate government agency.