BONDS OF EXECUTORS AND ADMINISTRATOR
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
SECTIONS 6-7
LSPU College of Law
RULE 103
CHANGE OF NAME
SECTIONS 1-3
Purpose of Rule:
Under Art. 376, Civil Code – no person can change his name or surname without judicial authority.
Nature of proceeding:
To establish the status of a person involving his relation with others, that is, his legal position in, or, with regard to the rest of the community.
SECTION 1. Venue
Who may file petition?
“Person” – all natural persons regardless of status
1. Adopted child (Rep. v. Wong, 209 SCRA 189)
2. Alien - domiciled in the Philippines, not one temporarily staying
Where to file the petition?
A petition for change of name should be filed in the regional trial court of the place where the petitioner resides.
SECTION 2. Contents of petition
A petition for change of name shall be signed and verified by the person desiring his name 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 3. Order of hearing
1. The petition must be published before the hearing at least once a week for three successive weeks in a newspaper of general circulation published in the province, as the court shall deem best.
2. Both title or caption and body shall recite
a. name or names or alias of applicant
b. cause for which change of name is sought
c. new name ask for
SECTIONS 4-6
SECTION 4. Who may oppose the petition.
1. Any interested person; or
2. The Republic of the Philippines through the Solicitor General or
the proper provincial or city prosecutor
SECTION 5. Judgment
Upon satisfactory proof in open court on the date fixed and the order that such order has been published as directed and that the allegations of the petition are true, the court shall, if proper and reasonable cause appears for changing the name of the petitioner, adjudge that the such name be changed in accordance with the prayer of the petition.
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Petition for change of name affects only petitioner excluding the spouse and children.
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Petition for adoption not limited to change of surname.
SECTION 6. Service of Judgment
Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the city or municipality where the court issuing the same is situated, who shall forthwith enter the same in the civil register.