Are you sick and tired of being the butt of jokes because of
your funny sounding name? Did you ever wish that you can easily change
your name but couldn't afford to do so because of the cost and long wait?
Now you can, thanks to the passage of Republic
Act 9048. This law has simplified the process in correcting clerical
or typographical errors and/or change of first name or nickname in the
civil register. Whereas before the corrections and changes may only be
done through a judicial order, the new law only requires the submission
of a verified petition in order to effect the changes.
It is important to note that this law pertains only to corrections of
clerical or typographical errors and/or change of first name or nickname
in the civil register. Any other changes must beobtained only thorough
a proper judicial process. This is succinctly stated in Section 1 of R.A.
9048, to wit:
"No entry in a civil register shall be changed or corrected
without a judicial order, except for clerical or typographical errors and
change of first name or nickname which can be corrected or changed by the
concerned city or municipal civil registrar or consul general in accordance
with the provisions of this Act and its implementing rules and regulations."
WHO MAY FILE THE PETITION AND WHERE:
Section 3 of the law states that
"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, in person, a verified
petition with the local civil registry office of the city or municipality
where the record being sought to be corrected or changed is kept.
In case the petitioner has already migrated to another place in the
country and it would not be practical for such party, in terms of transportation
expenses, time and effort to appear in person before the local civil registrar
keeping the documents to be corrected or changed, the petition may be filed,
in person, with the local civil registrar of the place where the interested
party is presently residing or domiciled. The two (2) local civil registrars
concerned will then communicate to facilitate the processing of the petition.
Citizens of the Philippines who are presently residing or domiciled
in foreign countries may file their petition, in person, with the nearest
Philippine Consulates."
There is also a limit to the filing of petitions as the law states that
all petitions for the clerical or typographical errors and/or change of
first names or nicknames may be availed of only once.
GROUNDS FOR CHANGE OF FIRST NAME OR NICKNAME:
Under Section 4, the petition for change of first name or nickname may
be allowed in any of the following cases:
(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 by that first name or nickname in the community: or
(3) The change will avoid confusion.
FORMS AND CONTENTS OF THE PETITION:
Section 5 of R.A. 9048 states that the petition shall be in the form
of an affidavit, subscribed and sworn to before any person authorized by
the law to administer oaths. The affidavit shall set forth facts necessary
to establish the merits of the petition and shall show affirmatively that
the petitioner is competent to testify to the matters stated. The petitioner
shall state the particular erroneous entry or entries, which are sought
to be corrected and/or the change sought to be made.
The petition shall be supported with the following documents:
(1) A certified true machine copy of the certificate
or of the page of the registry book containing the entry or entries sought
to be corrected or changed.
(2) At least two (2) public or private documents
showing the correct entry or entries 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.
In case of change of first name or nickname, the petition shall likewise
be supported with the documents mentioned in the immediately preceding
paragraph. In addition, the petition shall be published at least once a
week for two (2) consecutive weeks in a newspaper of general circulation.
Furthermore, the petitioner shall submit a certification from the appropriate
law enforcement agencies that he has no pending case or no criminal record.
The petition and its supporting papers shall be filed in three (3) copies
to be distributed as follows: first copy to the concerned city or municipal
civil registrar, or the consul general; second copy to the Office of the
Civil Registrar General; and third copy to the petitioner.
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