RULE 103

CHANGE OF NAME (Procedure)

Signed and Verified Petition setting forth (RCN):

a.) that petitioner has been a bona fide resident of the province where
petition is filed for at least three (3) years prior to date of filing;
b.) the cause for the change of name; and
c.) the name asked for.

Where to file:

RTC of province where If in City of Manila, to the Juvenile

petitioner resides and Domestic Relations Court

Court fixes date and place of

hearing

Publication:
1.) Of the petition and copy of the order of publication;
2.) At least once a week for three (3) successive weeks; and
3.) In a newspaper of general circulation published in the province;

Hearing
Shall NOT be within thirty (30) days prior to election, nor
within four (4) months after the last publication of the
notice

Judgment. Appeal with the CA

Service of Judgment (Copy furnished the civil registrar)

 RA 9048
CORRECTION OF A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF
FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER

PETITION
In the form of an Affidavit (subscribed and sworn to before a person
authorized to administer oaths)

Filed with the LCRO where record to be corrected is Contents (MCE):

kept. However, if:
1. Migrant within Phils. – file with city/municipal
civil registrar (C/MCR) where presently domiciled.
2. Migrated to another country/ foreigner returned
to own country – Philippine Consulate nearest to
residence.
1. Merits (justification) of the petition;
2. Competency of the petitioner; and
3. Erroneous entry to be corrected and
proposed correction; first name to be
changed and the proposed new first name.

3. Vital event of a Filipino in a foreign country

recorded in Phil Consulate, the Filipino is now a
naturalized citizen, and resident of that foreign
country - Consul General

4. Vital event of a Filipino in a foreign country

recorded in Phil Consulate , Filipino returned and
presently residing in Philippines – same with #1.

SUPPORTING PAPERS

For Correction of Clerical or For Change of First Name :

Typographical Error (C2N):
1. All documents, which are required to be
1. Certified machine copy of the certificate submitted by the petitioner for the correction
containing the alleged erroneous entry or of clerical error;
entries;
2. At least two (2) public or private documents 2. Clearances from (NEPO):
upon which the correction shall be based; 2.1. National Bureau of Investigation
3. Notice or certification of posting; and 2.2. Employer, if employed
4. Other documents which the petitioner or 2.3. Philippine National Police
the C/MCR, or the CG may consider relevant 2.4. Other such clearances as may be
and necessary for the approval of the petition. required by the concerned C/MCR

3. Proof of publication:
3.1. Affidavit of publication from the
publisher
3.2. Copy of the newspaper clipping
 POSTING
For ten (10) consecutive days in a conspicuous place accessible to the
general public.

Posting shall be done twice in case of:

1. Migrant petitioner; or
2. Vital event occurred in the Philippines, but
petitioner now domiciled in a foreign country.

PUBLICATION
For Change of First Name or Nickname only

If Birth was registered in the Philippines but For Change of First Name:
petitioner now in a foreign country: At least once a week for two (2)
-First publication in the country of consecutive weeks in a newspaper of general
residence; circulation.
-second publication in the city/municipality
where birth was registered If Migrant Petitioner:
-Published only once
If birth in foreign country registered in Philippine
Consulate and party is still domiciled in foreign Same rule applies if birth in foreign country
country: registered in Philippine consulate, and the
-Publication shall be only once in that concerned party is now domiciled in the
country. Philippines

DECISION

GRANTED DENIED

Subject to impugnment by Civil Registrar APPEAL to the Civil Registrar General (CRG)
General (CRG). after receipt of the decision, through notice
of appeal (NOA), filed with the C/MCR
concerned
 If REVERSED by CRG

C/MCR transmits the appeal to the CRG

within 5 working days.

MOTION for RECONSIDERATION within 15

working days from receipt of CRG decision

C/MCR transmits the appeal to the CRG

within 5 working days.

DECISION of CRG within 30 calendar days

after receipt of MR.
Final and Executory. DECISION of CRG within 30 calendar days
after receipt of MR.

FAILURE to APPEAL – decision of the C/MCR becomes final and executor.

The only option left is to file the appropriate petition with the proper court.
 RULE 108
CANCELLATION or CORRECTION OF ENTRIES in the CIVIL REGISTRY

Petition, signed and verified by petitioner.

Filed with the RTC where the corresponding civil registry is located

Civil registrar and all other persons who

have or claim any interest which would
be affected by the petition should be
made parties to the proceeding.

Court fixes date and place of hearing through an ORDER

Court fixes date and place of hearing through an ORDER

REASONABLE NOTICE to:

1. Persons named in the petition;
2. Civil Registrar;
3. Any person having or claiming ant interest under the entry whose
cancellation or correction is sought.

Publication of the ORDER once a week for three (3) consecutive weeks in a
newspaper of general circulation in the province.

OPPOSITION within fifteen (15) days from notice of the petition, or

from the last date of publication of such notice.

HEARING
 DECISION.
Certified true copy of the judgment shall be served upon the civil
registrar concerned who shall annotate the same in his record.

If petition dismissed:
APPEAL to the CA
 RA 10172
Correction of Clerical or Typographical Errors in the Day and Month in the Date of Birth or Sex
of a Person Appearing in the Civil Register Without Need of a Judicial Order
Petition in affidavit form.
1. For Correction of entry in the day and/or month in the date of birth may be filed by:
Any person of legal age, having direct and personal interest in the correction.

2. For correction of a clerical or typographical error in sex may be filed by:

The petitioner affected by such error.

WHERE TO FILE

For day and/or month in the date of birth:
-with the C/MCR of the city or municipality or the
Philippine Consulate, where the birth record to
be corrected is registered.
If migrant within Philippines:
-the C/MCR of the place where the
petitioner is residing or domiciled.
If birth record reported abroad but presently
residing in the Philippines:
-the C/MCR of the place of residence
For entry of sex:
-with the C/MCR of the city or municipality or the
Philippine Consulate, as the case may be, where
the record containing the entry of sex in the birth
certificate to be corrected is registered.
***Petition must be filed IN PERSON
***Petition must be supported with a medical
certification issued by an accredited government
physician that the petitioner has not undergone
sex change or transplant.

If birth record reported in the Philippines but
presently domiciled in another country:
-nearest Philippine Consulate
***the C/MCR shall issue a certification on the
authenticity of the certification issued by the
accredited government physician certifying that
the petitioner/document owner has not
undergone sex change or sex transplant.

PUBLICATION
At least once a week for two (2) consecutive weeks in a newspaper of
general circulation

Succeeding procedures are same with that of RA 9048