How to Change a Surname in the Philippines

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Dear Attorney,

I hope this letter finds you well. I would like to seek your legal advice regarding the process of changing my surname here in the Philippines. I have several reasons for considering this change, which are deeply personal, and I am trying to understand the legal steps involved in making this modification official.

Could you kindly guide me through the requirements, processes, and potential challenges associated with legally changing my surname? I am particularly interested in understanding the legal grounds for such a change, whether there are specific documents I need to prepare, and if there are different processes depending on the reason for the change.

Thank you for your assistance, and I look forward to your guidance.

Sincerely,
A Concerned Individual

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Legal Guide: Changing a Surname in the Philippines

In the Philippines, a person's name is more than just a form of identification; it is an important legal and social identifier. Therefore, changing one’s surname is a process that involves legal scrutiny and formal proceedings. The law governing name changes is primarily found in the Civil Code of the Philippines and the Rules of Court. This article aims to provide a comprehensive overview of how to legally change a surname in the country, the different grounds for such a change, and the processes involved.

1. The Legal Framework Governing Name Changes

The legal provisions regarding changes of name are contained in the Civil Code of the Philippines (Republic Act No. 386) and are further expounded by Supreme Court rulings and the Rules of Court.

Civil Code of the Philippines

Article 376 of the Civil Code provides that "no person can change his name or surname without judicial authority." This means that any individual who seeks to change their surname must undergo a judicial process and obtain approval from a court of law. This provision aims to ensure that the integrity of a person’s identity and legal obligations, such as family relations and civil status, remain intact.

Rules of Court

The procedure for changing one’s name is governed by Rule 103 of the Rules of Court. Under this rule, a person who desires to change their name must file a verified petition with the Regional Trial Court (RTC) in the jurisdiction where they reside.

2. Grounds for Changing a Surname

Not all reasons for wanting to change a surname are valid under Philippine law. Courts are cautious in allowing name changes and require that the petitioner present a valid and reasonable cause. Common grounds that the courts recognize for changing a surname include the following:

a. Clerical or Typographical Errors

This is perhaps the most straightforward ground for changing a surname. If a person’s surname was misspelled or contains clerical errors in the civil registry, the law allows for a correction. Such cases are typically resolved through an administrative process, as governed by Republic Act No. 9048, also known as the "Clerical Error Law."

Republic Act No. 9048

RA 9048 allows the local civil registrar to correct clerical or typographical errors in a person’s name or change a person’s first name or nickname without the need for a judicial order. However, this law does not cover changes to surnames, except in specific situations, such as when the surname is misspelled.

b. Change Due to Legitimation

Children born out of wedlock, or illegitimate children, generally carry the surname of the mother under Philippine law. However, if the child is later legitimized by the subsequent marriage of the parents, the child is entitled to use the father’s surname. This is allowed under the Family Code of the Philippines.

Family Code Provisions

Articles 177 and 178 of the Family Code provide that legitimation confers upon an illegitimate child the same rights as legitimate children, including the right to use the father's surname. A petition for legitimation should be filed, and once granted, the birth certificate can be corrected to reflect the father's surname.

c. Change Due to Recognition of Paternity

In cases where an illegitimate child is recognized by the father, the child may choose to adopt the father’s surname. Article 176 of the Family Code allows an illegitimate child to use the surname of the father if recognized, provided the father gives his consent.

d. Change Due to Marriage or Annulment

Women may also change their surname when they marry or if their marriage is annulled or declared null and void. Upon marriage, Article 370 of the Civil Code grants a woman the option to:

1. Use her maiden first name and surname;
2. Add her husband’s surname;
3. Use her husband’s surname.

However, after an annulment or declaration of nullity of marriage, a woman may choose to revert to her maiden name.

Recent Jurisprudence

In Remo v. Secretary of Foreign Affairs (G.R. No. 169202, March 5, 2010), the Supreme Court ruled that a married woman’s use of her husband's surname is not mandatory but merely optional. This means that a woman is not legally required to adopt her husband's surname upon marriage.

e. Psychological or Identity Reasons

There are situations where a person may wish to change their surname for personal reasons, such as disassociating from a parent due to traumatic experiences or when the surname does not reflect one’s chosen identity. For instance, in cases of gender identity issues, transgender individuals may seek to change their surname to align with their gender identity.

While Philippine law does not explicitly provide for name changes based on gender identity, courts have recognized psychological reasons for name changes in certain cases. For example, in Silverio v. Republic (G.R. No. 174689, October 22, 2007), the petitioner sought to change both his first name and surname after undergoing gender reassignment surgery. The Supreme Court, however, denied the petition, ruling that Philippine law does not allow the change of first name and gender marker based on gender reassignment.

f. Avoidance of Confusion

In some cases, a person may wish to change their surname to avoid confusion or embarrassment. For instance, if multiple members of the same community share the same surname, a person may petition for a change to distinguish themselves from others. This reason has been recognized in certain court cases.

g. Adoption

When a person is adopted, they are typically allowed to take the surname of their adoptive parent(s). The law governing adoption in the Philippines is Republic Act No. 8552, or the Domestic Adoption Act of 1998.

Under RA 8552, an adopted child will bear the surname of the adopting parent(s) and shall be considered for all intents and purposes as the legitimate child of the adopter(s). The adoption decree must be issued by a court before the name change is reflected in the civil registry.

3. Judicial Process for Changing a Surname

As earlier mentioned, changing a surname generally requires a judicial process, except for clerical corrections covered by RA 9048. The process involves filing a petition for change of name with the Regional Trial Court (RTC) of the city or municipality where the petitioner resides.

Filing the Petition

The petition must include the following essential details:

• The petitioner’s full name and current residence;
• The cause for the change of surname;
• The name sought to be adopted;
• The reason for the desired change.

Additionally, the petition must be verified, meaning it should be signed under oath by the petitioner. A corresponding filing fee is also required.

Court Hearing

Once the petition is filed, the court will schedule a hearing. The hearing must be published in a newspaper of general circulation for three consecutive weeks to give the public an opportunity to object to the name change if they have any valid reason.

At the hearing, the petitioner must provide evidence to support their request for the change of surname. This may include birth certificates, marriage certificates, affidavits, and other documents that show the reason for the desired change. The petitioner may also be required to testify.

Court Decision

After the hearing, the court will issue its decision. If the court finds that the petition is justified and that there is no legal impediment, it will grant the petition and issue an order allowing the petitioner to change their surname.

Publication and Registration

Once the court grants the petition, the change of surname must be registered with the local civil registry and published in a newspaper of general circulation. The civil registry will then issue an updated birth certificate reflecting the new surname.

4. Administrative Process for Clerical Errors

In cases where the change of surname is due to clerical or typographical errors, the process is much simpler and does not require court intervention. The petitioner may file a request with the local civil registrar, as allowed under RA 9048.

Filing the Request with the Civil Registrar

The petitioner must file an affidavit explaining the clerical or typographical error and submit supporting documents, such as a birth certificate or marriage certificate. The civil registrar will then evaluate the request and issue a decision.

5. Challenges and Considerations

Publication Requirement

One of the most significant challenges in changing a surname is the publication requirement. This requirement ensures transparency, but it also means that the petitioner’s request for a name change is made public, which may raise privacy concerns for some individuals.

Opposition to the Petition

Another potential challenge is if someone objects to the name change. This may occur if the petitioner owes debts under their current name or if the name change would affect inheritance rights or family relations.

Costs Involved

The cost of changing a surname, especially through judicial means, can also be prohibitive. Aside from the court filing fees, the cost of publication and legal representation must be considered.

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In conclusion, while changing a surname in the Philippines is possible, it is a complex

process that requires either judicial intervention or, in specific cases, an administrative process. Individuals seeking to change their surname must ensure that they have valid legal grounds and be prepared for the procedural requirements, including filing a petition, undergoing court hearings, and complying with publication rules.