Rule 103
Change of Name
• Purpose of Rule
Under Art. 376, Civil Code – no person can change his name or surname without juridical authority
Involving substantial changes, objective is the prevention of fraud.
• Nature of proceeding
To establish the status of a person involving his relation with others, that is, his legal position in, or, with regard to the rest of the community
• Who may file petition
“Person” – all natural persons regardless of status 1. Adopted child (Rep. v. Wong, 209 SCRA 189)
2. Alien - - domiciled in the Philippines, not one temporarily staying
• Jurisdictional requirements
1. Publication of petition for 3 consecutive weeks in newspaper, etc.
2. Both title or caption and body shall recite a. name or names or alias of applicant b. cause for which change of name is sought c. new name asked for
Reason: change of name a matter of public interest
- petitioner might be in rogues gallery or hiding to avoid service of sentence or escaped from prison
- if alien might have given case for deportation, or subject of deportation order
1. Differences under Rule 103, RA 9048 and Rule 108
Rule 103 Rule 108 R.A. 9048
Rule or Law Change of Name Cancellation/ Correction of Entries in the Civil Registry
Clerical Error Act
Subject Matter Change of full name or
Who may File A person desiring to change his name.
Venue RTC of the province in
which petitioner resided Contents of petition (a) That petitioner has
been a bona fide
shall be based; and
Kind of proceeding Judicial Proceeding Judicial Proceeding Adversarial in nature
Notice and Publication At least once a week for three consecutive
Posting No posting No posting Duty of the civil registrar
or Consul to post
The Civil Registrar. The CivilRegistrar or Consul.
city fiscal shall appear on behalf of the Government of the Republic.
Where to appeal: Appeal decision to the Court of Appeals.
Appeal decision to the Court of Appeals.
Appeal decision to the Civil Registrar General (head of NCSO).
2. Grounds for change of name
The State has an interest in the names borne by individuals and entities for purposes of identification. A change of name is a privilege and not a right, so that before a person can be authorized to change his name, he must show proper or reasonable cause, or any compelling reason which may justify such change.
Grounds for change of name which have been held valid:
1) Name is ridiculous, dishonorable, or extremely difficult to write or pronounce;
2) Change results as a legal consequence, as in legitimation;
3) Change will avoid confusion;
4) When one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage;
5) Sincere desire to adopt Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody;
6) 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.
Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has. In the case at bar, the only reason advanced by petitioner for dropping his middle name is convenience (In Re Petition for Change of Name and/or Correction/Cancellation of Entry of Civil Registry of Julian Lin Carulasan Wang, G.R. No. 159966, March 30, 2005)
• Other cases
Under Art. 176 of the Civil Code, Giovanni is entitled to change his name as he was never recognized by his father while his mother has always recognized him as her child. A change of name will erase the impression that he was ever recognized by his father. It is also his best interest as it will facilitate his mother’s intended petition to have him join her in the United States. The Court will not stand in the way of the reunification of moter and son. (Republic of the Philippines vs. Capote, G.R. No. 157043, February 2, 2007)
The court shall grant the petition under Rule 103 only when satisfactory proof has been presented in open court that the order had been published as directed, the allegations in the petition are true, and proper and reasonable causes appear for changing the name of the petitioner. (RE: FINAL REPORT ON THE JUDICIAL AUDIT CONDUCTED AT THE RTC, BR.
67, PANIQUI, TARLAC, A.M. No. 06-7-414-RTC, October 19, 2007)
As for respondent’s change of name under Rule 103, this Court has held that a change of name is not a matter of right but of judicial discretion, to be exercised in the light of the reasons adduced and the consequences that will follow. The trial court’s grant of respondent’s change of name from Jennifer to Jeff implies a change of a feminine name to a masculine name.
Considering the consequence that respondent’s change of name merely recognizes his preferred gender, we find merit in respondent’s change of name. Such a change will conform with the change of the entry in his birth certificate from female to male. (Republic vs.
Cagandahan, G.R. No. 166676, September 12, 2008)
Q. Absentees
Rule 107
Absentees
1. Purpose of the rule
2. Who may file; when to file
• Provisional representative
When a person disappears from his domicile, his whereabouts being unknown, and without having left an agent to administer property or the power conferred on the agent has expired, an interested party, relative or friend may file a petition in the RTC of the place where the absentee resided before disappearanceo appoint provisionally a representative for him (Sec. 1).
• Trustee or administrator
After 2 years without any news or after 5 years if an agent was left to administer the absentee’s property, a petition for declaration of absence and appointment of a trustee or administrator may be filed.(Sec. 2)
• Notice and publication required
Copies of tne notice and hearing shall be served on known heirs and creditors and other interested persons and published once a week for 3 consecutive weeks in a newspaper of general circulation. (Sec. 4)
• Declaration of presumptive death
No independent action for declaration of presumption of death – presumption may arise and be invoked in an action or special proceeding
Exception
Under Art. 41 of Family Code, for purpose of present spouse contracting a second marriage, he must file summary proceeding for declaration of presumptive death of the absentee, without prejudice to the latter’s reappearance.
This is intended to protect present spouse from criminal prosecution for bigamy under Art. 349 of RPC. With judicial declaration that missing spouse is presumptively dead, good faith of present spouse in contracting marriage is established.
• Period of absence of spouse before subsequent marriage
- 4 consecutive years – well founded belief that absent spouse already dead - 2 years – danger of death