Civil Law and Land Titles and Deeds
IV. Civil Register
Valid grounds for a change of name:
- One has continuously used and been known since childhood by a Filipino name and was unaware of alien parentage;
- The change results as a legal consequence, as in legitimation;
- There is a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudicing anyone;
- The change will avoid confusion;
- For an administrative change of first name or nickname under RA 9048, secs. 1 and 4, the new first name or nickname has been habitually and continuously used by the petitioner, who has been publicly known by it. A substantive change of surname generally requires a judicial petition under Rule 103 of the Rules of Court. A clerical or typographical error in a registered surname may be corrected administratively under RA 9048, secs. 1–2; a surname may also change as a legal consequence of legitimation under Family Code, Art. 179.
- The registered first name or nickname is ridiculous, tainted with dishonor, or extremely difficult to write or pronounce under RA 9048, sec. 4(1).
Q: Can a person change his registered first name and sex on the basis of a sex reassignment?
A: NO. Before a person can legally change his given name, he must present proper or reasonable cause or any compelling reason justifying such change. In addition, he must show that he will be prejudiced by the use of his true and official name. Under the Civil Register Law, a birth certificate is a historical record of the facts as they existed at the time of birth. Thus, the sex of a person is determined at birth, visually done by the birth attendant (the physician or midwife) by examining the genitals of the infant. Considering that there is no law legally recognizing sex reassignment, the determination of a person’s sex made at the time of his or her birth, if not attended by error, is immutable. (Silverio v. Republic, G.R. No. 174689, October 22, 2007)