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Tuesday, August 10, 2010

Change of Name; Under RA 9048

CIVIL LAW QUESTION 2006


Zirxthoussous delos Santos filed a petition for change of name with the Office of the Civil Registrar of Mandaluyong City under the administrative proceeding provided in Republic Act No. 9048. He alleged that his first name sounds ridiculous and is extremely difficult to spell and pronounce. After complying with the requirements of the law, the Civil Registrar granted his petition and changed his first name Zirxthoussous to "Jesus." His full name now reads "Jesus delos Santos."

Jesus delos Santos moved to General Santos City to work in a multi-national company. There, he fell in love and married Mary Grace delos Santos. She requested him to have his first name changed because his new name "Jesus delos Santos" is the same name as that of her father who abandoned her family and became a notorious drug lord. She wanted to forget him. Hence, Jesus filed another petition with the Office of the Local Civil Registrar to change his first name to "Roberto." He claimed that the change is warranted because it will eradicate all vestiges of the infamy of Mary Grace's father.

Will the petition for change of name of Jesus delos Santos to Roberto delos Santos under Republic Act No. 9048 prosper? 

SUGGESTED ANSWER: 
No, under the law, Jesus may only change his name once. In addition, the petition for change of name may be denied on the following grounds:

(1)          Jesus is neither ridiculous, nor tainted with dishonor nor extremely difficult to write or pronounce.

(2)          There is no confusion to be avoided or created with the use of the registered first name or nickname of the petitioner.

(3)          The petition involves the same entry in the same docu¬ment, which was previously corrected or changed under this Order [Rules and Regulations Implementing RA 9048]. 

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