SUMMARY OF DISTINCTIONS BETWEEN RULE 103, RULE 108 AND RA 9048
Rule 103 Rule 108
Name of Law Change of Name
Change of full name (Substantial
Subject Matter
corrections)
A person desiring to change his
Who may File
name (Section 1)
RTC of the province in which
petitioner resides for three years
Venue prior to filing, or, in the City of
Manila, to the Juvenile and
Domestic Relations Court.
Contents of the
A petition for change of name
Petition shall be signed and verified by the
person desiring his name province where the petition is
changed, or some other person on
his behalf, and shall set forth:
(a) 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;
(b) The cause for which the
change of the petitioner's name is
sought;
(c) The name asked for. (Section
2)
RA 9048
Cancellation or Correction of
Entries in the Civil Registry
Change or correction in the civil
registry (Substantial
corrections)
Any person interested in any act,
event, order or decree
concerning the civil status of
persons which has been
recorded in the civil register.
(Section 1)
RTC of City or province where
the corresponding civil registry
is located.
(a) That the petitioner has been
a bona fide resident of the
filed for at least three (3) years
prior to the date of such filing;
(b) The cause for which the
change of the petitioner's name
is sought;
(c) The name asked for. (Section
2)
Clerical Error Law
Change of first name and nickname
and civil entries (only typographical
or Clerical errors)
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. (Section 3)
1.) Local civil registry office of
the city or municipality where the
record being sought to be corrected
or changed is kept.
2.) Local civil registrar of the
place where the interested party is
presently residing or domiciled.
Philippine Consulates. (Section 3)
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.
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.
(Section 5)

(a) when the name is ridiculous, The petition for change of first name
Dishonorable or extremely or nickname may be allowed in any
difficult to write or pronounce; of the following cases:
1. The petitioner finds the
(b) when the change results as a first name or nickname to be
legal consequence such as ridiculous, tainted with dishonor or
legitimation;
Upon good and valid grounds, extremely difficult to write or
Grounds (c) when the change will avoid the entries in the civil register pronounce.
confusion; may be cancelled or corrected. 2. The new first name or
(Section 2) nickname has been habitually and
(d) when one has continuously
continuously used by the petitioner
used and been known since
and he has been publicly known by
childhood by a Filipino name, and
that by that first name or nickname
was unaware of alien parentage;
in the community: or
(e) a sincere desire to adopt a 3. The change will avoid
Filipino name to erase signs of confusion.
former alienage, all in good faith
(Section 4)
and without prejudicing anybody;
and
(f) 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. (RP vs. Coseteng-
Magpayo, G.R. No. 189476,
February 2, 2011)

Summary in nature if the

correction is clerical or
What kind of Judicial Proceeding. (Hearing is typographical only. Can be Administrative proceeding. (Only an
Proceeding necessary) converted to an adversarial investigation may be conducted.)
proceeding if there are
substantial changes and effect to
the status of an individual.
(Hearing is necessary)

What to File A signed and verified petition. File a verified petition for the File an affidavit.
cancellation or correction of any
entry.

At least once a week for two

Once a week for three
consecutive weeks in a newspaper of
consecutive weeks in a
Once a week for three general circulation. Furthermore, the
newspaper of general circulation.
Notice and consecutive weeks in a petitioner shall submit a certification
(notice of hearing)
Publication newspaper of general from the appropriate law
** hearing shall not be conducted circulation. (notice of hearing) enforcement agencies that he has no
w/in 30 days prior to election nor pending case or no criminal record
w/in 4 months after last (publish the whole affidavit)
publication of notice**

Duty city or municipal civil registrar

or the consul general to whom the
 petition is presented shall examine
the petition and its supporting
Posting No posting No posting documents. He shall post the petition
in a conspicuous place provided for
that purpose for ten (10) consecutive
days after he finds the petition and
its supporting documents sufficient
in form and substance.

Participant from The Solicitor General must be The Civil Registrar concerned is
the Government notified by service of a copy of the made a party to the proceedings The Civil Registrar or the Consul.
petition. as respondent.

Appeal the Decision to the Court
Where to
of appeals, fifteen (15) days from
Appeal
receipt of judgment.
Appeal the Decision to the Court
Appeal decision to the To the Civil
of appeals, fifteen (15) days
Register General (Head of NCSO)
from receipt of judgment.