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When Your Name Becomes Your Bane: Change Of Name

Your name serves as a weapon of identification, but it can be a bane of one's existence if the surname sounds funny or change. Perhaps you were one of those people making fun of your classmate's surname when you were in grade school or you were one of the hapless victims of bullying because you were not "blessed" with a nice sounding surname. There is nothing new to this scenario. In fact, people who hear funny names will instantly laugh just because. Well, you do not have to endure the problem with your surname because you now have the option to change it.

Changing surnames is now covered by the Rules of Court of the Philippines Special Proceedings. However, you need to file a petition at the Court of First Instance. You should also have valid reasons for changing your name. For instance, if you are changing your name because it has been a subject to ridicule, you need to substantiate the claims. Having a witness is also encouraged when filing a petition as this reduces the chance of the petition being denied. The reason to change your name is also highlighted under Section 4 of the Republic Act No. 9048.

" SECTION 4. Grounds for Change of First Name or Nickname. - 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."

Rule 103 (Change of Name)

"A person can effect a change of name under Rule 103 (CHANGE OF NAME) using valid and meritorious grounds including (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence such as legitimation; (c) when the change will avoid confusion; (d) when one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith 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.[17]  Respondent’s reason for changing his name cannot be considered as one of, or analogous to, recognized grounds, however."

Pinoy Attorney

Written by : Pinoy Attorney

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