What’s in a Name? Change of Name Without Going to Court

A name, according to the Supreme Court in a 2005 case, has two parts: (1) the given or proper name and (2) the surname or family name. The given or proper name is that which is given to the individual at birth or at baptism, to distinguish him from other individuals. The surname or family name is that which identifies the family to which he belongs and is continued from parent to child. Parents are free to select the given name of their child, but the law fixes the surname to which the child is entitled to use.

Middle names, on the other hand, are not regulated by law, although the Filipino custom is to use the mother’s surname as the child’s middle name. Still, you cannot drop or delete your middle name. Middle names serve to identify the maternal lineage or filiation of a person as well as further distinguish him from others who may have the same given name and surname as he has.

How about an illegitimate child whose filiation is not recognized by the father? Can that child use the middle name of the mother? The answer is, no. That child “bears only a given name and his mother’ surname, and does not have a middle name.  The name of the unrecognized illegitimate child therefore identifies him as such.”

An illegitimate child may now use the surname of the father. This is a recognition of the fact that illegitimacy is not the child’s fault, and, therefore, the child should be shielded against the social stigma and other negative consequences arising from illegitimacy. To illustrate, what’s your first thought should you notice that a kid uses the name of the mother, and not of the father? Even the illegitimate child’s friends and contemporaries in school, should they learn that, unlike them, their friend follows the surname of the mother, would start asking why.

Another welcome amendment is with respect to the procedure in changing names. Going to court, with all the expenses that goes with it, to change first names and correct clerical errors is no longer necessary. Under Republic Act No. 9048 and its Implementing Rules and Regulations, the city or municipal civil registrar or the consul general is authorized to correct a clerical or typographical error in an entry and/or change the first name or nickname in the civil register without need of a judicial order. It must be made clear, however, a court order is still required for substantial changes such as surname, gender, nationality, and status.

R.A. 9048, which took effect on 22 April 2001, amends the Civil Code (Articles 376 and 412), which prohibits the change of name or surname of a person, or any correction or change of entry in a civil register without a judicial order. The matters that you need to know (Primer) about R.A. 9048 is found at the National Statistics Office (NSO) website.

Atty.Fred

166 thoughts on “What’s in a Name? Change of Name Without Going to Court

  1. Leonard

    Hi, I am American and my wife if Filipina. Please assist me in answering a question on what her name can be on her passport. You see, when we married here in Los Angeles, my wife, unknowingly, use her proper first name, my surname, but changed her middle initial to her mother’s name. When we went to the Philippine counsel to update her passport she was told that it was against Philippine law to use her mother’s name and that she could only use her father’s name as a middle initial. All of her American official Documents where produced with her mother’s middle name on them. Is there a legal way to fix this or how can she get her passport to match her American documents, i.e. (keeping her mother’s name as her middle initial. Help, am so confused (:-) Thank you.

    Reply
  2. Aldo

    Hello po. I have 2 first names, maiden name, and family name.

    My question, can I legally use my second first name? I use this name exclusively. Can I just switch my 2 first names on documents? Or would this be illegal? Thank you po!

    Reply
  3. mina

    Not all divorced, annulled or separated mothers want their children to carry their father’s name as surname. The child’s welfare should always be the primary reason for change of names . A new breed single mothers have risen and for one very good reason or another, most of them if not all of them, do not want their children to carry the name of the good-for-nothing “father” .
    A child not having the same family name as his/her single mom makes people more curious.
    A child not having a middle name is equates illegitimacy. This is not true for children from divorced, annulled or separated parents. They remain legitimate.
    The main purpose of middle names is to determine maternal lineage. So it is more logical to use the mothers family name as middle name and surname since using the mother’s middle name would make them appear to be siblings. The father’s name will forever be in the birth certificate anyway.
    Confusion and stigma cannot be avoided but it can be lessened.

    Reply
  4. LORNA

    Good day Atty, im working here in hongkong. Magpfill po ako ng annulment,pero ang surname ko po n ginagamit s passport ay ang ns NSO ko ROSI at single.pero s marriage contract ko po ay RASI. Ano po ang possible n dapat kong gawin pr makapagfile ako ng annulment at magkaron po kaya ako ng problema if magpakasal ako using ROSI at ang x ko nmn po ay voluntary pipirma s annulment at naghahanap rin po ako ng lawyer n mag aassist. hoping for ur reply,salamat po

    Reply
  5. ian joseph

    Good day. I am a illegitimate son of my father. They just have a short relationship. And it happened that they have a child and it was me. My story ks..well that a different matter. Now I am already 18 y/o knowing that my birth certificate does not bare my father’s surame. And the one rhat I am using is my mother’s surname. In my whole life I just met my parents this year, knowing that they have thier different families. My father acknowledge me as his son, but in my side I am sad and lonely cause I am not using his family name.. My question is How will I change my family name into my fathers family name.. hope you eill answer this. Thanks, have mercy on me, and God loves us.

    Reply
  6. fhman

    Good day sir! i just need your legal advice regarding my situation. I am already 25 years old, but I i still don’t have a “legal” identity, per se. When I was born on April 1990, my mother, who was then a minor, was instructed by family members to put in my biological father’s last name in my birth certificate. As things turned out, my biological father did not really acknowledge me and left. My mom then married my step-father, and ever since, I have been using my step-father’s last name, since kindergarten up until I graduated from college. We have been seeking legal advice but so far the only option I have is to either adopt the family name in my birth certificate (which I don’t want to do) or apply for an adoption process (which would take a very long time). With the approval of the RA 9048, are these still the only options I have? Thank you so much for any information you can provide me in light of this matter.

    Reply
  7. Hazelle jann

    Good day po. Ask ko lang po. Pwede ko po kayang ili
    At ang apelyido ng anak ko sa akin? Nkaregister ang name nya sa kanyang father. Gusto ko po sanang papalitan at isunod sa akin dahil 1yr lng anak namin nung naghiwalay at di rin naman nya sinusuportahan ang bata. Hindi rin po sya kilala ng anak dahil malayo na rin kami. Ngayon po ang pinapagamit ko na pangalan ng anak ko sa school ay nakasunod sa akin? Sinabi ko na rin po sa kanya ang totoo about sa father at sabi ko sundin nlng ang apelyido ng father nya pero ayaw nya po. Mag 8 pa lang po ang anak ko. Ano po kaya ang magandang gawin.? Gusto ko din talaga na sa akin nlng din nkapangalan ang anak dahil di rin naman kami tinulungan ng father nya. Pahelp nmn po salamat po. Antayin ko po ang inyong reply

    Reply
  8. marie jean

    anu po kaya ang tamang paraan, gusto ko po ipagamit sa anak ko ang apelyido ko. pero may birth certificate na sya at may pirma ng aknwoledge yun ama ng anak ko? wala na po kami komunikasyon at Hindi man lang sya nagbigay ng sustento.kaylangan pa po ba dalhin sa korte, or sa local civil registrar n LNG,

    Reply

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