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.

How about an illegitimate child whose filiation is not recognized by the father? Can that child use the middle name of the mother? The answer is, no. That child “bears only a given name and his mother’ surname, and does not have a middle name.  The name of the unrecognized illegitimate child therefore identifies him as such.”

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. It must be made clear, however, a court order is still required for substantial changes such as surname, gender, nationality, and status.

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.

90 thoughts on “What’s in a name? Change of name without going to court

  1. MaryChris

    I would like to use my maiden name. Is it possible? Because I am a teacher in the public school.
    My husband and I separated our ways for almost 5 years now. I want to know if I could write to the civil service commission regarding this matter?

    Reply
  2. gigi

    My Dad who is now eighty something has been using his present name (Carlos) for years since he has been working; however, this name is not the name in his certificate of live birth. (He changed his name when he converted into Catholic) All his documents, like SSS and PhilHealth, bear his name Carlos. How can we secure him a birth certificate with Carlos as first name, considerIng his age?
    I will appreciate all the info. Thanks!

    Reply
  3. Charies

    Hi Attorney,

    Hope to get your assistance.

    My niece is using her Mother’s Middle Initial & Surname since birth. Her mother which happened to be my sister was not married to my niece’s father. The father’s name is apparently mentioned in the birth certificate & he has a signature on the Affidavit of Acknowledgement/Admission of Paternity at the back page copy of the birth certificate.

    We just want to know what is supposed to appear in the birth certificate if my niece has the above case.
    Currently, The birth certificate shows the below details:

    Mother’s name: Myla Gulpe Taduran
    Father’s name: Ryan (Middle Name) Asa

    Child’s Name: Kim Rhianne Gulpe Taduran

    Some told us that this should not be entered like the above, since it will appear that Myla (the mother) & Kim Rhianne (the child) are siblings instead of Mother & Child.

    My questions are as follows:
    1. What should be the correct entry of my niece’s name on the birth Certificate?
    2. Do we need to go for the amendment procedures omitting / deleting the Middle Name which is “Gulpe”?
    3. Or can we retain the Middle Name “Gulpe”?
    4. What would be the public documents to present if we will proceed on amending / omitting the Middle name?
    5. In case my above questions are not sufficient to settle / arrange the birth certificate the way it should be, please advise what would be the proper procedures to do it so.

    Appreciate your most valuable & swift assistance as possible.

    Thank you.

    Reply
  4. Lyn2012

    Greetings! Sir I really need your advice to have Peace of mind. I’m married to a Muslim and my maiden and sure name is wrong the maiden name from my single and the sure name from my X husband naka registered siya under that name coz that time my documents still married. How can I correct it since I am annulled already. Please looking forward to it. Pls email me for your reply

    Reply
  5. Jo

    Hello everyone.
    Have a friend that so worried in her situation .
    She change a late registered name due of life threatening . She used it until now but she want to change it back to original . Is that possible ?

    Reply
  6. matangligaw

    Are there any specific grounds/requirements that the court would need before being able to grant a change in last name?

    I ask regarding a very peculiar set of circumstances and am confused as to what to use as the last name. Preferably would want the last name of the biological father/mother.

    SPECIFICS: Child (X) of Parents (A) & (B) [unmarried]. (X) is adopted and/or merely raised by the female sibling (C) of male Parent (A). (C) was married to (D) [deceased]. (C) now married to (E).

    P.S. How much fees/cost would be incurred to have all the mess of it fixed and also how long would it take, if at all possible?

    Reply
  7. decerie

    Hi Atty. I’m Decerie 26 years old.. I’m married pero naghiwalay kami ng husband ko.. We have one daughter 8months old.. Nasa sakin sya.. Gusto ko po baguhin yung last name nya sa apelido ko nung dalaga pa.. Pano ko po gagawin yun kung hindi papayag ang ama ng bata? May bayad po ba? Ask ko lang din po may bayad din po ba pag nagfile ng legal separation? Gustong gusto ko po magpa annul kaso wla akong pera.. Ano po maadvise nyo sakin? Ayoko kasi mapunta sa kanya ang bata kaya gusto ko tanggalin apelyido nya sa anak ko..

    Reply
  8. Yur

    Is there a law in Philippines saying that females after they got married they MUST use their last name (when theyre single) as their middle name after marrying? I am now in US and I do not want to change my middle name at all after I got married. I have applied my AOS and I didnt change my middle name at all just my lastname which is my husbands last name.

    Reply
  9. Jen

    Hi atty.

    Just wanna know where i could start filing a paper coz i wanna change my son’s surname to mine. He is illegitimate but uses his fathers surname coz we were okay during i gave birth. Something came up and we separated with the father. Even my son is still on my womb i never received any support from the father until now 2016 it was nothing.
    We were not married. I want to change my son’s surname for future references before he start schooling.

    Reply
  10. Jeiza

    Hi my sister is not married to his boyfriend since his boyfriend has a 1st family my. They got a son which under hos surname. But things not good already for both of them aNd my sister wanted to change name and family name of his son to her.. Because the guy is having another live in partner ..

    Reply
  11. norman

    Hello Atty,
    How about my case, Is it possible for me to change my surname to my mother? Since birth I was abandoned by my father because my mother was a mistress that my father had a family and no support received.

    Yours Truly,
    norman

    Reply
  12. fruthyamor77

    hi atty my child used my name it is because we r not married back then and we got a break for a while, but 5 years ago we got reunited and decided to get married and now we want to change my childs surname it simply because my husband and i got married two years ago..can u pls tell us the ways..thank u..

    Reply
  13. neel

    Hello! I would like to know how I can change my child’s surname to mine since she is using her father’s surname. Need to change it as soon as I can before she will go to school. Please help. I would appreciate your immediate response. Thank you

    Reply

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