G. Change of Name (Rule 103)

G. Change of Name (Rule 103)

> Change of Name

Section 1. Venue. — A person desiring to change his name shall present the petition to the Court of First Instance of the province in which he resides, or, in the City of Manila, to the Juvenile and Domestic Relations Court.

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 for hearing. — If the petition filed is sufficient in form and substance, the court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) successive weeks in some newspaper of general circulation published in the province, as the court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) month after the last publication of the notice.

Section 4. Hearing. — Any interested person may appear at the hearing and oppose the petition. The Solicitor General or the proper provincial or city fiscal shall appear on behalf of the Government of the Republic.

Section 5. Judgment. — Upon satisfactory proof in open court on the date fixed in 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 such name be changed in accordance with the prayer of the petition.

Section 6. Service of judgment. — Judgments or orders rendered in connection with this rule shall be furnished the civil registrar of the municipality or city where the court issuing the same is situated, who shall forthwith enter the same in the civil register.

Updated: Publication does not cure the failure to include an indispensable party whose name would be changed. Barba v. Local Civil Registrars of Manila, G.R. No. 269743, 18 August 2025.

C. Adoption (part 2 of 3)

(c) The name of the duly licensed child-placement agency or individual under whose care the child is in custody; and

(d) That the Department, child-placement or child-caring agency is authorized to gice its consent.

SEC. 10. Change of name.- In case the petition also prays for change for name, the title caption must contain:

(a) The registered name of the child;

> (b) Aliases or other names by which the child has been known; and

(c) The full name by which the child is to be known.

SEC. 11. Annexes to the Petition.- The following documents shall be attached to the petiton:

> A. Birth, baptismal or foundling certificate, as the case may be, and school records showing the name, age and residence of the adoptee;

B. Affidavit of consent of the following:

• The adoptee, if ten (10) years of age or over; 2. The biological parents of the child, if known, or the legal guardian or the child-placement agency, child-caring agency, or the proper government instrumentality which ahs legal custody of the child; 3. The legitimate and adopted children of the adopter and of the adoptee, if any, who are ten (10) years of age or over; 4. The illegitimate children of the adopter living with him who are ten (10) years of age or over; and 5. The spose, if any, of the adopter or adoptee.

> C. Child study report on the adoptee and his biological parents;

D. If the petitioner is an alien, certification by his diplomatic or consular office or any appropriate government agency that he has the legal capacity to adopt in his country and that his country and that his government allows to adoptee to enter his country as his own adopted child unless exempted under Section 4 (2);

E. Home study report on the adopters. If the adopter is an alien or residing abroad but qualified to adopt, the home study report by a foreign adoption agency duly accredited by the Inter-Country Adoption Board; and

F. Decree of annulment, nullity or legal separation of the adopter as well as that of his biological parents of the adoptee, if any.

SEC. 12. Order of Hearing .- If the petiton and attachments are sufficient in form and substance, the court shall issue and order, which shall contain the following:

> (1) the registered name of the adoptee in the birth certificate and the names by which the adoptee has been known which shall be stated in the caption;

(2) the purpose of the petition;

(3) the complete name which the adoptee will use if the petition is granted;

(4) the date and place of hearing which shall be set within six (6) months from the date of the issuance of the order and shall direct that a copy thereof be published before the date of the hearing at least once a week for three successive weeks in a newspaper of general circulation in the province or city where the court is situated; Provided, that in case of application for change of name, the date set for hearing shall not be within four (4) months after the last publication of the notice not within thirty (30) days prior to an election.

The newspaper shall be selected by raffle under the supervision of the Executive Judge.

> (5) a directive to the social worker of the court, the social service office of the local government unit or any child-placing or child-caring agency, or the Department to prepare and submit child and home study reports before the hearing is such reports had not been attached to the petition due to availability at the time of the filling of the latter; and

(6) a directive to the social worker of the court to conduct counseling sessions with the biological parents on the matter of adoption of the adoptee and submit her report before the date of hearing.

At the discretion of the courtm copies of the order of hearing shall also be furnished the Office of the Solicitor General through the provincial or city prosecutor, the Department and the biological parents of the adoptee, if known.

If a change in the name of the adoptee is prayed for in the petition, notice to the Solicitor General shall be mandatory.

SEC. 13. Child and Home Study Reports.- In preparing the child study report on the adoptee, the concerend social worker shall verify wit the Civil Registry the real indentity and registered name of the adoptee. If the birth of the adoptee was not registered with the Civil Registry, it shall be the responsibility of the social worker to register the adoptee and secure a certificate of foundling or late registration, as the case may be.

The social worker shall establish that the child is legally available for adoption and the documents in support thereof are valid and authentic, that the adopter has sincere intentions and that the adoption shall insure to the best interests of the child.

In case the adopter is an alien, the home study report must show the legal capacity to adopt and that his government allows the adoptee to enter his country as his adopted child in the absence of the certification required under Section 7(b) of Republic Act No. 8552.

If after the conduct of the case studies, the social worker finds that there are ground to deny the petition, he shall make the proper recommendation to the court, furnishing a copy thereof to the petitioner.

SEC. 14. Hearing.- Upon satisfactory proof that the order of hearing has been published and jurisdictional requirements have been complied with, the court shall proceed to hear the petition. The petitioner and the adoptee must personally appear and the former must testify before the presiding judge or the court on the date set for hearing.

The court shall verfy from the social worker and determine whether the biological parent has been properly counseled against making hasty decisions caused by strain or anxiety to give up the child; ensure that all measures to stengthen the family have been exhausted; and ascertain if any prolonged stay of the child in his own home will be inimical to his welfare and interest.

SEC.15. Supervised Trial Custody.- Before issuance of the decree of adoption, the court shall give the adopter trial custody of the adoptee for a period of at least six (6) months within which the parties are expected to adjust psychologically and emotionally to each other and establish a bonding relationship. The trial custody shall be monitored by the social worker of the court, the Department, or the social service of the local government unit, or the child-placement or child-caring agency which submitted and prepared the case studies. During the said period, temporary parental authority shall be vested in the adopter.

The court may, motu proprio or upon motion of any party, reduce the period or exempt the parties if it finds that the same shall be for the best interest of the adoptee, stating the reason therefor.

An alien adopter however must completer the 6-month trial custody except the following:

> a) a former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of consanguinity or affinity; or

b) one who seeks to adopt the legitimate child of his Filipino spouse; or

c) one who is married to Filipino citizen and seeks to adopt jointly with his or her spouse the latter's relative within the fourth (4th) degree of consanguinity or affinity.

If the child is below seven (7) years of age and is placed with the prospective adopter through a pre-adoption placement authority issued by the Department, the court shall order that the prospective adopter shall enjoy all the benefits to which the biological parent is entitled from the date the adoptee is placed with him.

The social worker shall submit to the court a report on the result of the trial custody within two weeks after its termination.

SEC. 16. Decree of Adoption.- If the supervised trial custody is satisfactory to the parties and the court is convicted from the trial custody report and the evidence adduced that the adoption shall rebound to the best interests of the adoptee, a decree of adoption shall be issued which shall take effect as of the date the original petition was filed even if the petitioners die before irs ussuance.

The decree shall:

> A. State the name by which the child is to be known and registered;

B. Order:

> 1) the Clerk of Court to issue to the adopter a certificate of finality upon expiration of the 15-day reglementary period within which to appeal;

2) the adopter to submit a certified true copy of the decree of adoption and the certificate of finality to the Civil Registar where the child was originally registered within thirty (30) days from receipt of the certificate of finality. In case of change of name, the decree shall be submitted to the Civil Registar where the court issuing the same is situated.

3) the Civil Registrar of the place where the adoptee was registered:

• to annotate on the adoptee's original certificate of birth the decree of adoption within thirty (30) days from receipt of the certificate of finality;
• to issue a certificate of birth which shall not bear any notification that it is a new or amended certificate and which shall show, among others, the following: registry number, date of resignation, name of child, sex, date of birth, place of birth, name and citizenship of adoptive mother and father, and the date and place of their marraige, when applicable;
• to seal the original certificate of birth in the civil registry records which can be opened only upon order of the court which issued the decree of adoption; and
• to submit to the court issuing the decree of adoption proof of compliance with all the foregoing within thirty days from receipt of the decree.

If the adoptee is foundling, the court shall order the Civil Registar where the foundling was registered, to annotate the decree of adoption on the foundling certificate and a new birth certificate shall be ordered prepared by the Civil Registrar in accordance with the decree.

SEC. 17. Book of adoptions.- The Clerk of Court shall keep a book of adoptions showing the date of issuance of the decree in each case, compliance by the Civil Registrar with Section 16 (B)(3) and all incidents arising after the issuance of the decree.

SEC. 18. Confidential Nature of Proceedings and Records.- All hearings in adoption cases, after compliance with the jurisdictional requirements shall be confidential and shall not be open to the public. All records, books and papers relating to the adoption cases in the files of the court, the Department, or any other agency or institution participating in the adoption proceedings shall be kept strictly confidential.

If the court finds that the disclosure of the information to a third person is necessary for security reason or for purposes connected with or arising out of the adoption and will be for the best interests of the adoptee, the court may, upon proper motion, order the necessary information to be released, restricting the puposes for which it may be used.

SEC. 19. Recission of Adoption of the Adoptee.- The petition shall be verified and filed by the adoptee who is over eighteen (18) years of age, or with the assistance of the Department, if he is a minor, of if he is over eighteen (18) years of age but is incapacitated, by guardian or counsel.

The adoption may be rescinded based on any of the following grounds committed by the adopter:

> 1) repeated physical and verbal maltreatment by the adopter despite having undergone counseling;

2) attempton the life of the adoptee;

3) sexual assualt or violence; or

4) abandonment of failure to comply with parental obligations.

Adoption, being in the best interests of the child, shall not be subject to recission by the adopter. However, the adopter may disinherit the adoptee for causes provided in Article 919 of the Civil Code.

SEC. 20. Venue.- The petition shall be filed with the Family Court of the city or province where the adoptee resides.

SEC. 21. Time within which to file petition.- The adoptee, if incapacitated, must file the petition for recission or revocationof adoption within five (5) years after he reaches the age of majority, or if he was imcompetent at the time of the adoption, within five (5) years after recovery from such incompetency.

SEC. 22. Order to Answer.- The court shall issue an order requiring the adverse party to answer the petition within fifteen (15) days from receipt of a copy thereof. The order and copy of the petition shall be served on the adversed party in such manner as the court may direct.

SEC. 23. Judgment.- If the court finds that the allegations of the petition are true, it shall render judgment ordering the recission of adoption, with our without costs, as justice requires.

The court shall order that the parental authority of biological parent of the adoptee, if known, or the legal custody of the Department shall be restored if the adoptee is still a minor or incapacitated and declare that the reciprocal rights and obligations of the adopter and the adoptee to each other shall be extinguished.

The court shall further declare the sucessional rights shall revert to its status prior to adoption, as of the date of judgment of judicial recission. Vested rights acquired prior to judicial recission shall be respected.

It shall also order the adoptee to use the name stated in his original birth foundling certificate.

The court shall further order the Civil Registrar where the adoption decree was registered to cancel the new birth certificate of adoptee and reinstate his original birth or foundling certificate.

SEC. 24. Service of Judgment.- A certified true copy of the judgment together with a certificate a finality issued by the Branch Clerk of Court which rendered the decision in accordance with the preceeding Section shall be served by the petition upon the Civil Registrar concered within thirty (300 days from receipt of the certificate of finality. The Civil Registrar shall forthwith enter the recission decree in the register and submit proof of compliance to the court issuing the decree and the Clerk of Court within thirty (30) days from receipt of the decree.

The Clerk of Court shall enter the compliance in accordance with Section 17 hereof.

SEC. 25. Repeal.- This supersedes Rule 99 on Adoption and Rule 100 of this Rules of Court.

B. INTER-COUNTRY ADOPTION

SEC. 26. Applicability.- The following sections apply to inter-country adoption of Filipino children by foreign nationals and Filipino citizens permanently residing abroad.

SEC. 27. Objectives.- The State shall:

> a) consider inter-country adoption as an alternative means of child are, if the child cannot be placed in a foster or an adoptive family or cannot, in any suitable manner, be cared for in the Philippines;

b) ensure that the child subject of inter-country adoption enjoys the same protection accorded to children in domestic adoption; and

c) take all measures to ensure that the placement arising therefrom does not result in improper financial gain for those involved.

SEC. 28. Where to File Petition.- A verified petition to adopt a Filipino child may be filed by a foreign national or Filipino citizen permanently residing abroad with the Family Court having jurisdiction over the place where the child resides or may be found.

It may be filed directly with the latter Inter-Country Adoption Board.

SEC. 29. Who may be adopted.- Anly a child legally available for domestice adoption may be the subject of inter-country adoption.

SEC. 30. Contents of Petition.- The petitioner must allege:

> a) his age and the age of the child to be adopted, showing that he is at least twenty-seven (27) years of agr and at least sixteen (16) years older than the child to be adopted at the time of application, unless the petitioner is the parent by nature of the child to be adopted or the spouse of such parent, in which case to age difference does not apply;

b) if married, the name of the spouse who must be joined as a petitioner except when the adoptee is a legitimate child of his spouse;

c) that he has the capacity to act and assume all rights and responsibilities of parental authority under his national laws, and has undergone the appropriate counseling from an accredited counselor in his country;

d) that he has not been convicted of a crime involving moral turpitude;

e) that he is eligible to adopt under his national law;

f) that he can provide the proper care and support and instill the necessary moral values and example to all his children, including the child to be adopted;

g) that he agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U.N. Convention on the Rights of the Child, and to abide by the rules and regulations to implement the provisions of Republic Act No. 8043;

h) that the comes from a country with which the Philipines has diplomatic relations and whose government maintains a similarly authorized and accredited agency and that adoption of a Filipino child is allowed under his national laws; and

i) that he possesses all the qualifications and none of the disqualifications provided in this Rule, in Republic Act No. 8043 and in all other applicable Philippine laws.

SEC. 31. Annexes.- The petitions for adoption shall contain the following annexes written and officially trnaslated in English:

Grounds for Change of Name Under Rule 103:

The Supreme Court has recognized the following as valid and compelling reasons to change one’s name:

• Name is ridiculous, dishonorable, or extremely difficult to write or pronounce
• Change results as a legal consequence, as in legitimation
• Change will avoid confusion
• When one has continuously used and been known since childhood by a Filipino name, and was unaware of alien parentage
• Sincere desire to adopt Filipino name to erase signs of former alienage, all in good faith and without prejudicing anybody
• 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.

Grounds for change of first name or nickname under RA 9048

A person’s first name or nickname may be changed on the following grounds:

• The petitioner finds the first name or nickname to be ridiculous, tainted with dishonor, or extremely difficult to write or pronounce
• The new first name or nickname has been habitually and continuously used by the petitioner and he has been publicly known by that first name or nickname in the community; or
• The change will avoid confusion (RA 9048, Sec. 4)