Rule 103 On Change Of Name And R.a. No. 9048 Or The Clerical Error Act (1).pdf

RULE 103 ON CHANGE OF NAME AND R.A. NO. 9048 OR THE CLERICAL ERROR ACT PRESENTED BY ISABELLE YASON SPECIAL PROCEEDINGS

CHANGE OF NAME (RULE 103)

CLERICAL ERROR ACT (R.A. NO. 9048)

To correct means "to make or set a right; to remove the faults or error from."

"Clerical or Typographical Error" refers to a mistake committed in the performance of clerical work in writing, copying, transcribing or typing an entry in the civil register that is harmless and innocuous, such as misspelled name or misspelled place of birth or the like, which is visible to the eyes or obvious to the understanding, and can be corrected or changed only be reference to other existing record/s, Provided, however, that no correction must involve the change of nationality, age, status or sex of the petitioner

To change means "to replace something with something else of the same kind or with something that serves as a substitute" (Republic vs. Mercadera)

Rule 103 Petition for Change of Name

NATURE A special proceeding to

establish the status of a person involving his relation with others - his

legal position in, or with regard to, the rest of the community.

proceeding in rem - strict compliance with jurisdictional requirements, particularly on publication, in order to vest the court with jurisdiction. Publication is notice to the whole world A

that the proceeding has its object to bar indefinitely all who might make an objection. A privilege and not a right to change one's name thus, a person must show proper or reasonable cause or compelling reason to justify such change

SUBJECT MATTER Only pertains to

substantial corrections in a petition to change one's full name

The only name that may be changed is the true or official name as recorded in the civil registrar (Republic vs. CA) It should

not define or effect a change of one's existing family relations and should not alter

one's legal capacity or civil status. It is a privilege and not a right, thus a person must

show proper or reasonable cause or

compelling reason to justify such change. NOTE: Only matters relating to a change of first name may be made through an administrative proceeding under RA No. 9048. Surnames may be changed pursuant to Rule 103.

Rule 103 Petition for Change of Name

GROUNDS 1.           Name is ridiculous, tainted with dishonor and extremely difficult to write or pronounce; 2.           Consequence of change of status; 3.           Necessity to avoid confusion; 4.           Having continuously used and been known since childhood by a Filipino name, unaware of her alien parentage; 5.

A sincere desire to adopt a Filipino name to erase signs of former alienage all in good faith and with

prejudicing anybody 6.

When the surname causes embarrassment and there is no showing that the desired change of name was for a

fraudulent purpose or that the change of name would prejudice public interest* (In re: Petition for change of name and/or correction/cancellation of entry in civil registry of Julian Lin Carulasan Wong)

JURISDICTIONAL REQUIREMENTS Publication is valid if: (Sec. 3) 1. The petition and the copy of the order indicating the date and place for the hearing must be published; 2. The publication must be at least once a week for 3 successive weeks; and 3. The publication must be in some newspaper of general circulation published in the province, as the court shall deem best. 4. Any caveat against the petition being heard within 30 days prior to an election or within 4 months after the last publication of the notice of the hearing.

The OSG or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic. In the event of an unfavorable decision, it may be appealed with the Court of Appeals.

No fees are needed

Republic Act No. 9048

NATURE "First Name" - Refers to a name or nickname given to a person which may consist of one or more names in addition to the middle and last names. The Clerical Error Act does not apply to the change of full name which is covered by Rule 103. It is

limited to clerical or typographical errors and change of first name or nickname An administrative proceeding Effect is to make possible administrative corrections of the first name or nickname in the civil register, thus leaving Rule 108 the correction of substantial changes in the civil registry in appropriate adversarial proceedings.

SUBJECT MATTER No entry in a civil registry shall be changed or corrected without a judicial order except:

clerical or typographical errors of first name; and 2. Change of first name or nickname 1. For

Petitions may only be availed once

Republic Act No. 9048

WHO MAY FILE Any person having

direct and personal interest in the correction of a clerical or typographical error in an entry

and/or change of first name or nickname in the civil register may file the verified petition in person(Sec. 3)

VENUE TO FILE THE PETITION Can be filed in any of the following venues: 1.           Local civil registry office of the city or municipality

where the record being sought to be corrected or

changed is kept; 2.          Local civil registrar of the place where the interested party is presently 3.

Philippine

residing or domiciled;

Consulates

CONTENTS OF THE PETITION Facts necessary to establish the merits of the petitioner; 2. Particular erroneous entry or entries, which are sought to be corrected and/or the change sought to be made. 1.

The petition shall be supported with the following documents: 1. Certified true machine copy of the certificate or the page of the registry book containing the entry or entries sought to be changed or corrected; 2. At least 2 public or private documents showing the correct entry upon which the correction or change shall be based; and 3. Other documents which the petitioner or the city or municipal civil registrar or the consul general may consider relevant and necessary for the approval of the petition (Sec. 5)

Republic Act No. 9048

GROUNDS Based on any of the following grounds: 1.           The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor or extremely difficult to write or pronounce; 2.           The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or The change will avoid confusion (Sec. 4)

JURISDICTIONAL REQUIREMENTS Notice and Publication: At least once a week for 2 consecutive weeks Posting: Duty of the civil registrar or Consul to post the petition in a conspicuous place for 10 consecutive days The Civil Registrar or the Consul participates on the part of the Government and it may be appealed with the Civil Registrar General.

Payment of fees: The city or municipal registrar or the Consul General shall be authorized to collect reasonable fees as a condition for accepting the petition. An indigent petitioner shall be exempt from the payment of said fees.

Republic Act No. 9048

IMPUGNING THE DECISION OF A GRANT FOR CHANGE OF NAME The Civil Registrar General shall,

within 10 days from receipt of the decision granting a petition,

exercise the power to impugn such decision by objecting based on the following grounds: 1. The error is not clerical or typographical; 2. The correction of an entry is substantial or controversial as it effects the civil status of a person; or 3. The basis used in changing the first name or nickname of a person does not fall under Section 4.

Civil Registrar General shall immediately notify the city or municipal city registrar or the consul general of the action taken on the decision.

Upon receipt of the notice, city or municipal city registrar or the consul general shall notify the petitioner of such action, who may seek reconsideration with the civil registrar general or file the appropriate petition with the proper court.

If the civil registrar general fails to exercise his power to impugn the decision of the city or municipal city registrar or the consul general within the period, such decision shall become final and executory.

Where the petition is denied by city or municipal city registrar or the consul general, the petitioner may either appeal the decision to the civil registrar general or file the appropriate petition with the proper court.

Republic vs. Meryln Mercadera

DOCTRINE: THE CHANGE BEING SOUGHT IN RESPONDENT’S PETITION GOES SO FAR AS TO AFFECT HIS LEGAL STATUS IN RELATION TO HIS PARENTS. IT SEEKS TO CHANGE HIS LEGITIMACY TO ILLEGITIMACY. RULE 103 THEN WOULD NOT SUFFICE TO GRANT RESPONDENT’S SUPPLICATION. SINCE RESPONDENT’S DESIRED CHANGE AFFECTS HIS CIVIL STATUS FROM LEGITIMATE TO ILLEGITIMATE, RULE 108 APPLIES IN THIS CASE. A PETITION FOR A SUBSTANTIAL CORRECTION OR CHANGE OF ENTRIES DOES NOT APPLY FOR RULE 103.

Facts: Mercadera sought for the correction of her given name as it appears in her birth certificate - from MARILYN to MERLYN pursuant to RA No. 9048 However, the Office of the Local Civil Registrar refused to effect the correction unless a court order was obtained. She was constrained to file a Petition for Correction under Rule 108 before the RTC. Evidence show that Mercadera never used the name "Marilyn" in any of her private and public transactions. RTC granted the correction. OSG opposed the petition because Mercadera failed to invoke a specific ground under the Rules to allow the change of one's name in the civil registry.

Held: RTC found that the documents presented by Mercadera have satisfactorily shown that she had been known as MERLYN ever since. Thus, it was correctly filed under Rule 108 as it simply sought to correct a misspelled given name. Rule 103 governs judicial petitions for change of given name or surname or both to establish the status of a person involving his relation with others and with regard to the rest of the community. jJudicial permission for a change of name aims to prevent fraud. It is an action in rem which requires publication of the order issued by the court to afford the State and all other interested parties to oppose the petition. Essentially, a change of name does not define or effect a change of one's existing family relations or in the rights and duties flowing therefrom nor does it alter one's legal capacity or civil status. Hence in requests for a change of name, a judicious evaluation of the sufficiency of the justifications must be present. In the case at bar, the change of one's name under Rule 103 can be granted only on grounds provided by law with a proper and compelling reason for the change. For petitions for correction, only clerical, spelling, typographical and other innocuous errors may be raised.

DOCTRINE: The following may be considered as proper or reasonable causes that may warrant the grant of a petitioner for change of name: 1) When the name is ridiculous, tainted with dishonor or is extremely difficult to write or pronounce; 2) When the change is a consequence of a change of status, such as when a natural child is acknowledged or legitimated, and 3) When the change is necessary to avoid confusion

In re: Alfon

Facts:

Held: Change of name is not proper and reasonable with respect to the surname.

Petitioner Maria Estella Veronica Primitiva Duterte filed a petition for change of name to Estrella Alfon.

The fact that the petitioner has been using a difference surname and has become known with such does not constitute proper and reasonable cause to legally authorize and change her surname to Alfon.

According to the evidence presented, petitioner and her uncle, Hector Alfon has been taking care of her and she used the name Estrella Alfon since she started schooling and exercised her right of suffrage under the same name.

The birth certificate clearly shows that her father is Filomeno Duterte. To allow petitioner to change her surname from Duterte to Alfon is equivalent to allowing her to use her mother's surname, effectively changing her status from legitimate to an illegitimate child. However, LC only denied the petition to change her surname is that a legitimate child should principally use the surname of her father invoking Art. 364 of the Civil Code. In the provision, the word "principally" is not equivalent to "exclusively" so there is no legal obstacle if a legitimate child chooses to use the surname of its mother. It was also shown that she was enrolled in the schools and exercised her right of suffrage under this name. In the case at bar, Estella was granted to change her surname to Alfon.

Silverio vs. Republic

DOCTRINE: Under the Civil Register Law, a birth certificate is a historical record of the facts that existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the physician by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a person's sex made at the time of his or her birth, is immutable.

Facts: Petitioner Rommel Jacinto Dantes Silverio filed a petition for the change of his first name to "Mely" and sex to female in his birth certificate in the RTC of Manila. He alleged that he is a male transsexual or is "anatomically male but feels, thinks and acts as female" and attempted to transform himself as a woman when he underwent a sex reassignment surgery in Thailand. OSG posited that there is no law allowing the change of entries in the birth certificate by reason of sex alteration. Trial Court ruled in favor of petitioner for the purpose of changing/making his records compatible with his present sex and believes that there will be no harm, injury nor prejudice that will be caused to the community.

Held: Under RA No. 9048, a correction in the civil registry involving the change of sex is not a mere clerical or typographical error and is considered as a substantial change that should be filed under Rule 108. "To correct" - to make or set a right; to remove the faults or error from" while "To change" - to replace something with something else" The birth certificate contained no error, thus no correction is necessary. Petitioner may have succeeded in altering his body and appearance but no law authorizes the change of entry as to sex in the civil registry.