Dear Attorney,

I would like to seek legal advice regarding changing or transferring the surname listed on my birth certificate. Could you kindly advise on the necessary steps and documents required for this process? I appreciate your guidance on how to proceed.

Sincerely,
Concerned Citizen

Insights

In the Philippines, changing or transferring a surname on a birth certificate is governed by various legal provisions, particularly under the Civil Code of the Philippines, the Family Code of the Philippines, and the Rules of Court. The legal process depends largely on the reason for the surname change, which can range from corrections of clerical errors to significant matters such as legitimization, adoption, or court approval for valid grounds under Philippine law.

Legal Basis for Surname Change

The most common reasons for requesting a surname change or correction are as follows:

1. Clerical or Typographical Errors

Pursuant to Republic Act No. 9048 (RA 9048) as amended by Republic Act No. 10172 (RA 10172), clerical or typographical errors in the birth certificate, such as misspellings or mistakes in the surname, can be corrected administratively without the need for a court order. The correction of minor errors is filed with the local civil registrar, and approval is granted by the Office of the Civil Registrar-General (OCRG).

The petitioner needs to submit:

A verified petition explaining the nature of the error.
Supporting documents, such as an affidavit of disinterested persons, school records, medical records, or similar documents showing the correct name.
Payment of applicable filing fees.

This administrative remedy is faster and more cost-efficient than court proceedings. It typically applies to typographical errors, such as an additional letter or misspelling of the surname.

2. Change of Surname Due to Marriage or Divorce

Under the Family Code of the Philippines, a woman may change her surname to her husband's surname after marriage. This is a common scenario and involves a relatively straightforward process. She can revert to her maiden name after annulment, declaration of nullity of marriage, or legal separation, as governed by the relevant court order.

Additionally, RA 9048 allows for an administrative process to revert to the maiden name if the marriage is declared void or annulled, though this requires submission of a court-issued annulment decree and an application to the local civil registrar.

3. Legitimation of a Child

A child born to parents who were not legally married at the time of the child’s birth can be "legitimated" by the subsequent marriage of the parents. Article 177 of the Family Code allows the legitimation of children born out of wedlock if their parents subsequently marry each other. As a result, the child’s surname may change from the mother's to the father's surname, and this change is reflected in the birth certificate.

The parents must file a joint affidavit of legitimation with the local civil registrar, along with:

Marriage certificate of the parents.
Birth certificate of the child.
Other supporting documents proving the legitimation.

This legitimation process is intended to correct the status of the child and grants him or her the legal rights and privileges as a legitimate child.

4. Adoption

Adoption is another significant ground for a change of surname in the Philippines. Under the Domestic Adoption Act of 1998 (RA 8552), an adopted child is allowed to use the surname of the adoptive parent or parents. Adoption is a judicial process requiring a court order.

To change the surname in the birth certificate following an adoption, the adoptive parents or the adoptee must:

File a petition for adoption in court.
Secure a final adoption decree.
Submit the decree to the local civil registrar for amendment of the birth certificate.

5. Change of Surname by Court Approval

If a person desires to change their surname for reasons other than typographical errors, marriage, annulment, legitimation, or adoption, they may file a petition for change of name under Rule 103 of the Rules of Court. Valid grounds recognized by law include:

If the surname is ridiculously long or difficult to pronounce.
To avoid confusion, especially if the surname is identical or similar to notorious criminals or disreputable individuals.
If the change is necessary to avoid embarrassment or ridicule.
When the petitioner has been consistently using another name or surname in good faith and has been publicly known by that name in social and business dealings.

A petition for a change of name is filed in the Regional Trial Court (RTC) of the place where the petitioner resides. The court must be convinced that the reason for the name change is meritorious and not intended for fraudulent purposes. After the court hearing, a decision will be rendered granting or denying the petition.

If granted, the decision is forwarded to the local civil registrar for annotation on the birth certificate, effecting the change in the official records.

6. Special Laws for Muslims and Indigenous Peoples

For Muslims and Indigenous Peoples (IPs), the change of name or surname may follow customary laws and traditions, which are recognized by the Philippine legal system. Under Presidential Decree No. 1083, the Code of Muslim Personal Laws of the Philippines, Muslims may have specific procedures for name changes that align with their religious practices. Similarly, Indigenous Peoples, under the Indigenous Peoples' Rights Act (RA 8371), have their own customs for naming, which the law acknowledges.

Process and Requirements

The exact procedure for changing a surname depends on the underlying reason, but in general, the following steps are common:

Determine the Nature of the Change – Identify whether the change involves a simple correction of a clerical error or requires judicial proceedings due to more substantive reasons like adoption or legitimization.
File the Appropriate Petition – Submit either a verified petition to the local civil registrar for administrative changes or a formal petition in court for judicial cases.
Submit Supporting Documents – Whether administrative or judicial, supporting documents such as birth certificates, affidavits, marriage certificates, adoption decrees, or other relevant records must be submitted.
Publication (for Judicial Proceedings) – For judicial cases, the petition must be published in a newspaper of general circulation to notify the public. This is a mandatory requirement to prevent fraudulent name changes.
Court Decision – For judicial petitions, the court will schedule hearings and issue a decision based on the merits of the petition.
Annotation of the Birth Certificate – Once a court decision or administrative resolution is obtained, it must be registered with the civil registrar to reflect the change on the birth certificate.

Conclusion

Changing or transferring a surname in the Philippines is a legally recognized procedure with specific requirements depending on the cause for the change. Whether administrative or judicial, it is essential to follow the correct legal processes and provide appropriate documentation to ensure the change is valid and legally enforceable. Seek legal assistance for complex cases like adoption, legitimation, or judicial name changes to navigate the proper channels smoothly and avoid delays.