Changing Your Name: Which Way to Go

Which Way Fits You

Find what you want to change in the table below. It shows the law that applies and where to go.

The Supreme Court has said that a change of first name must go first to the civil registrar under RA 9048. The court route is for what RA 9048 does not cover, or after the registrar says no.

Changing Your First Name at the Civil Registrar (RA 9048)

Republic Act No. 9048 (RA 9048) lets the city or municipal civil registrar approve a change of first name or nickname, without going to court, only if:

• the name is ridiculous, shameful, or very hard to write or pronounce;
• you have long and always used the new name and people in your community know you by it; or
• the change will avoid confusion.

You file a sworn petition (a written request you swear to before a notary) at the civil registry where your birth is recorded, where you live now, or at a Philippine consulate abroad. The petition is posted publicly and printed in a newspaper, and the PSA reviews the decision. The full steps, documents and fees are in correcting a PSA certificate.

Changing Your Surname or Full Name in Court (Rule 103)

A change of surname, or of your whole name, needs a petition for change of name under Rule 103 of the Rules of Court. Under the rule:

• You file in the Regional Trial Court of the province where you live, and must have truly lived in that province for at least three years before filing.
• The court sets a hearing and orders the notice published at least once a week for three weeks in a row in a newspaper sold widely in the province.
• The hearing cannot be held within 30 days before an election, or within four months after the last publication.
• A government lawyer takes part, and anyone may object.

The court grants a change of name only for a proper and reasonable cause. The Supreme Court has accepted, for example, a name that is ridiculous, dishonorable or very hard to pronounce; a change that results from legitimation (a child becoming legitimate when the parents marry) or adoption; a change that avoids confusion; and long use of a name since childhood. Wanting a different name for its own sake is not enough.

A change of name does not change your civil status or your rights. Once granted, the decision is recorded with the civil registrar and a note about it is added to your PSA record. This is a court case, so you will need a lawyer. The Public Attorney's Office (PAO) gives free help to people who qualify.

Correcting Entries in Court (Rule 108)

Rule 108 covers cancelling or correcting entries in the civil registry. Today it is used for substantial (major) changes that RA 9048 and RA 10172 do not cover, such as legitimacy, filiation (who the parents are), nationality, or the year of birth. A name change that comes with a change in status, for example a child's surname after a court finds who the father is, may go through Rule 108.

The petition is filed in the Regional Trial Court of the province where the civil registry is. The civil registrar and everyone affected must be named in the case, and a notice is published. See correcting a PSA certificate for more on what goes to court.

Using Your Married Name

Article 370 of the Civil Code says a married woman may use:

1. her maiden first name and surname (her name before marriage), and add her husband's surname;
2. her maiden first name and her husband's surname; or
3. her husband's full name, with a word showing she is his wife, such as "Mrs."

The Supreme Court has read "may" as allowing, not requiring. A married woman can keep using her maiden name. You do not need a court case either way. Your PSA Birth Certificate stays the same, and your Marriage Certificate shows the marriage.

Passports. Under Republic Act No. 11983 (RA 11983), the New Philippine Passport Act, the DFA lets a woman who has been using her husband's surname go back to her maiden name in her passport, but only once. The DFA's requirements depend on the reason:

• while still married: PSA Birth and Marriage Certificates, a notarized Affidavit of Explanation, your latest passport, and a valid ID that shows your maiden name;
• after the husband's death: his PSA Death Certificate (or the foreign Death Certificate, apostilled or authenticated) and your PSA Birth Certificate;
• after annulment, a declaration of nullity, a foreign divorce recognized by a Philippine court, or legal separation: your PSA Marriage Certificate with the court decision noted on it, and your PSA Birth Certificate.

Your other IDs should match the name in your passport. Check the DFA's current list before your appointment. See passport.