“WHAT’S in a name? that which we call a rose by any other name would smell as sweet;”
(A famous quote from William Shakespeare’s play “Romeo and Juliet”).
Notably, it is both of personal and public interest for every person to have
a name.
What is a name? A name is “a word or combination of words by which a
person is known and identified, and distinguished from others, for the
convenience of the world at large in addressing [them], or in speaking of or
dealing with [them].”
The name of an individual has two parts: the given or proper name and
the surname or family name. “The given or proper name is that given to the
individual at birth or at baptism, to distinguish [them] from other individuals. The
surname or family name identifies the family to which [they] belong and is
continued from parent to child. The given name may be freely selected by the
parents for the child, but the surname to which the child is entitled is fixed by
law.” (Tan vs. The Local Civil Registrar of Makati City, et al., G.R. No. 222857,
November 10, 2021)
Petition for Change of Name
The petition for a change of name is “a special proceeding to establish the
status of a person involving [their] relation with others, that is, [their] legal position
in, or with regard to, the rest of the community.” It is “a proceeding in rem and,
as such, strict compliance with all jurisdictional requirements, particularly on
publication, is essential in order to vest the court with jurisdiction thereover.”; (Tan
vs. The Local Civil Registrar of Makati City, et al.)
The petition for change of name is adversarial in nature. A proceeding is
adversarial where the party seeking relief has given legal warning to the other
party and afforded the latter an opportunity to contest it.
Not Matter of Right
A change of name is not a matter of right but of sound judicial discretion.
The court must make a judicious evaluation of the sufficiency and propriety of the
justifications advanced in support thereof, mindful of the consequent results in
the event of its grant and with the sole prerogative for making such determination
being lodged in the courts. (Tan vs. The Local Civil Registrar of Makati City, et
al.)
Contents of Petition
A person desiring to change his name shall present the petition to the
Court of First Instance (now RTC) of the province in which he resides, or, in the
City of Manila, to the Juvenile and Domestic Relations Court. (Sec. 1, Rule 103,
Revised Rules of Court)
A petition for a change of name shall be signed and verified by the person
desiring his name changed, or some other person on his behalf, and shall set
forth: (1) That the petitioner has been a bona fide resident of the province where
the petition is filed for at least three (3) years prior to the date of such filing; (2)
The cause for which the change of the petitioner’s name is sought; (3) The name
asked for. (Sec. 2, Rule 103)
Recognized Grounds
The recognized grounds for a petition for a change of name are: (1) when
the name is ridiculous, dishonorable, or extremely difficult to write or pronounce;
(2) when the change results as a legal consequence of legitimation or adoption;
(3) when the 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) when the change is based on a sincere desire to adopt a Filipino
name to erase signs of former alienage, all in good faith and without prejudice to
anybody; and (6) when the 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; (See Tan vs. The Local Civil
Registrar of Makati City, et al.)
