What’s in a name? Change of name without going to court

A name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family name is that which identifies the family to which he belongs and is continued from parent to child. Parents are free to select the given name of their child, but the law fixes the surname to which the child is entitled to use.

Middle names, on the other hand, are not regulated by law, although the Filipino custom is to use the mother’s surname as the child’s middle name. Still, you cannot drop or delete your middle name. 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.

First, an illegitimate child may now use the surname of the father. This is a recognition of the fact that illegitimacy is not the child’s fault, and, therefore, the child should be shielded against the social stigma and other negative consequences arising from illegitimacy. To illustrate, what’s your first thought should you notice that a kid uses the name of the mother, and not of the father? Even the illegitimate child’s friends and contemporaries in school, should they learn that, unlike them, their friend follows the surname of the mother, would start asking why.

Another welcome amendment is with respect to the procedure in changing names. Going to court, with all the expenses that goes with it, to change first names and correct clerical errors is no longer necessary. Under Republic Act No. 9048 and its Implementing Rules and Regulations, the city or municipal civil registrar or the consul general is authorized to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order.

R.A. 9048, which took effect on 22 April 2001, amends the Civil Code (Articles 376 and 412), which prohibits the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. The matters that you need to know (Primer) about R.A. 9048 is found at the National Statistics Office (NSO) website.

You may also want to read these related posts:

Basic concepts in estate proceedings and estate tax by Atty. Fred on September 19th, 2006

Conjugal Partnership of Gains: Property Relations in Marriage by Atty. Fred on October 11th, 2007

Infidelity of the mother in child custody cases by Atty. Fred on September 27th, 2006

6 Responses to “What's in a name? Change of name without going to court”


  1. 1 parvus1202 May 11th, 2007 at 5:17 pm

    What is the law about changing my child’s last name to my current husband. I got my son when I was still single and he is under my surname. His biological father was also at the birth certificate. Is there a away where we could change his last name?

  2. 2 ramonsd Aug 9th, 2007 at 12:26 am

    A female friend got a copy of her birth certificate from NSO Main. It turns out that she is denoted as a “male”.

    She has a 1956 copy of a birth certificate issued by the Civil Registrar of Batangas where she is properly described as “female”.

    She is choosing between 2 remedies:
    1. petition for the correction of entry in the civil registry to be filed in the RTC, Bats. City
    2. a petition for mandamus to compel the NSO to correct the mistake, given the fact that her evidence is a document from the civil registrar himself, albeit issued in 1956.

  3. 3 Atty. Fred Aug 9th, 2007 at 1:45 am

    Parvus,

    In case an illegitimate child wishes to use the surname of his mother’s husband (but not the child’s biological father), he could be adopted by the husband. Another way is to simply file a petition for a change of surname, although this is not always granted by the courts.

    Ramon,

    Maybe it’s a coincidence that we are about to file a petition that’s somehow related to your query. Still, for the sake of discussion and for the information of everyone, maybe you could give us a brief discussion on which remedy you’d pursue (and why). Thanks.

  4. 4 ramonsd Aug 9th, 2007 at 7:53 am

    I would choose remedy #1 as RA 9048 seems to be straightforward enough when it says that clerical or typographical errors may be corrected EXCEPT corrections involving the change in SEX, age, nationality and status of a person. As such, I would think that Rule 108 should apply.

    However, some are of the opinion that since her main supporting document is a birth certificate issued by the civil registrar, albeit in 1956, it turns the whole matter into a mere ministerial correction which may be subject to mandamus.

    It is further argued that since the source document is clear, then it is logical to conclude that the error was in the encoding by the NSO. Therefore, having to go to court to have the entry corrected would be tantamount to allowing the NSO to neglect the performance of a duty resulting from an office, trust, or station.

    I, on the other hand think that, since she would have to go to court anyway, either by virtue of R65 or R108, it would be more prudent to follow procedures duly established by law instead of stretching an argument as to what specific acts are covered by mandamus.

    I guess if I were wrong, the worst that could happen is that my friend gets inconvenienced by having to travel to Batangas rather than just staying in Manila to file a mandamus case. Either way, given her evidence and the fact that she really IS female, the end result would be the same.

    What do you think are other practical implications of choosing one remedy over the other?

  5. 5 Atty. Fred Aug 9th, 2007 at 9:57 am

    Ramon, thank you for the discussion. I believe your discussion amply shows that Rule 108 is the proper remedy in correcting an erroneous designation of gender as it appears in the civil registry.

    For the sake of discussion: It could be argued that the Civil Registrar General’s act of recording a Birth Certificate, received from the local office of civil registry, is a ministerial act. It could also be argued that the determination of whether ANOTHER Birth Certificate, containing information different from that officially in its records, is NOT a ministerial act, but an act which calls for the exercise of discretion. In other words, it is beyond the ambit of mandamus. I may be wrong, of course (as noted so many times before, please don’t consider this as a legal advice or legal opinion on any actual matter).

  1. 6 Change of name without court intervention (R.A. 9048) at Atty-at-Work Pingback on Jun 15th, 2007 at 4:23 am


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