By Siesta-friendly
What’s in a name
A rose by any other name would smell as sweet …
Just ask Prince formerly known as The Artist Formerly Known As Prince. Or Engelbert Humperdinck, born Arnold Dorsey. Or Sean Combs / Puff Daddy / P.Diddy / Diddy. And there are of course mere mortals who just want to correct mistakes in their name made by a blundering nurse or some flash of imagination by a relative thinking an obscure 13th century saintly reference in the baby’s name would keep him on the straight and narrow.
If you cringe each time someone discovers your full name (or you want a name to reflect a “change” in your life), the civil registrar’s office may just be able to help you, being itself authorized (1) to correct clerical or typographical errors and (2) to change first names or nicknames in the civil register.[1]
Grounds for correction/change
First of all, only a clerical or typographical in the civil register that is (1) harmless and innocuous (e.g. incorrect spelling) which is (2) visible to the eyes or obvious to the understanding, and (3) can be corrected only by reference to other existing record/s, shall be allowed to be corrected. Plus, “no correction must involve the change of nationality, age, status or sex of the petitioner.” [2] So, Josephine, if you were born Jose, then a male you will remain in your birth records.
On the other hand, the grounds for change of first name or nickname are a little more subjective::[3]
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 the first name or nickname in the community; or
3) the change will avoid confusion.
Filing the Petition
Any person of legal age, having direct and personal interest in the correction may file the petition. A person is considered to have direct and personal interest when he is the owner of the record (sought to be corrected), or the owner’s spouse, children, parents, brothers, sisters, grandparents, guardian, or any other person duly authorized by law or by the owner of the record.[4]
The petition may be filed in the civil registry office of the city/municipality where the record containing the error to be corrected, or first name to be changed, is registered. Although the rules allow for the petition to be filed elsewhere (with the civil registry office of the petitioner’s current city/municipality of residence or with the nearest Philippine Consulate of his country of residence)[5] when it would not be practical, in terms of transportation expenses, time and effort to appear in person before the civil registry office where the record is registered, we have yet to hear an instance when this has been done. The famous Philippine red tape, you know.
Both petitions for the correction of clerical or typographical error and for change of first name or nickname shall be supported with the following documents:[6]
1) certified true machine copy of the certificate or of the page of the registry book containing the entry/ies sought to be changed;
2) at least 2 public or private documents showing the correct entry/ies upon which the change shall be based;
3) notice or certification of posting (if the civil registry office finds the petition and its supporting documents sufficient in form and substance, the petition shall be posted by the civil registry office in a conspicuous place provided for that purpose for 10 consecutive days); and
4) other documents which the petitioner or the civil registry office may consider relevant and necessary for the approval of the petition.
The petition for change of first name or nickname shall further be supported with:[7]
1. clearance or a certification that the owner of the document has no pending administrative, civil or criminal case, or no criminal record, which shall be obtained from the following:
1) employer, if employed
2) National Bureau of Investigation, and
3) Philippine National Police.2. affidavit of publication from the publisher and a copy of the newspaper clipping (the petition needs to be published at least once a week for 2 consecutive weeks in a newspaper of general circulation).
The correction of clerical or typographical error shall be availed of only once with respect to a particular entry/ies in the same civil registry record.[8]
However, with regard to the change of first name or nickname in the birth certificate, the privilege shall be availed of only once and in case there are other civil registry records of the same person which are affected by such change, the decision approving the change, upon becoming final and executory, shall be sufficient basis in changing the first name of the same person in his other affected records without need for filing a similar petition. In such a case, the successful petitioner shall file a request in writing with the concerned civil registry office to make such marginal annotation, attaching thereto a copy of the decision.[9]
Remember, if the correction or change you seek does not fall under the conditions set forth above, you will need to go to court.
So Romeo would
were he not Romeo called
retain that dear perfection which he owes without that title.
[1] Rule 1, Administrative Order No. 1, Series of 2001. “Rules And Regulations Governing The Implementation Of Republic Act No. 9048”. July 24, 2001.
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