Dear PAO,
My parents were married, but my father, an American expat, eventually returned to the United States and abandoned our family. His current whereabouts are unknown. Since childhood, I have used my mother’s surname in all my records and identification, even though my PSA birth certificate still bears my father’s surname. What steps should I take to legally change my name to my mother’s surname?
Raina
Dear Raina,
A judicial petition for change of name under Rule 103 of the Rules of Court may be filed to change the surname appearing in the birth certificate issued by the Philippine Statistics Authority (PSA) from the father’s surname to the mother’s surname. Section 2 of Rule 103 of the Rules of Court provides:
“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.”
In Viña vs. Oteyza Ty (G.R. No. 273835, August 18, 2025), the Supreme Court, speaking through Senior Associate Justice Marvic M.V.F. Leonen, stressed that a change of name is not granted as a matter of right but is conditioned upon strict compliance with jurisdictional requirements and the existence of proper and compelling reasons supporting the request.
“The official name of a person whose birth is registered in the civil register is the name appearing therein. If a change in one's name is desired, this can only be done by filing and strictly complying with the substantive and procedural requirements for a special proceeding for change of name under Rule 103 of the Rules of Court, wherein the sufficiency of the reasons or grounds therefor can be threshed out and accordingly determined.”
Likewise, in Santos vs. Republic (G.R. No. 250520, May 05, 2021), the Supreme Court, through Associate Justice Alfredo Benjamin S. Caguioa, recognized as proper, reasonable, and compelling grounds for a change of name the continuous use of and being known by the desired name, as well as the necessity to avoid confusion.
“Jurisprudence has recognized, inter alia, the following grounds as being sufficient to warrant a change of name: (a) when the name is ridiculous, dishonorable or extremely difficult to write or pronounce; (b) when the change results as a legal consequence of legitimation or adoption; (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) when the change is based on a sincere desire to adopt a Filipino name to erase signs of former alienage, all in good faith and without prejudice to 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.”
In sum, your long, continuous, and consistent use of your mother’s surname, coupled with the fact that the requested change will prevent confusion and align your official records with the name by which you are publicly known, constitutes a recognized jurisprudential ground for a change of name — provided that good faith is established and that no public or private interest will be prejudiced. Accordingly, you may avail of the proper remedy by filing a verified petition for change of name before the regional trial court having jurisdiction over your place of residence.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
