A rose by any other name

Your first name was likely chosen by your parents and your surname is your father’s or mother’s last name. If you are male, you will be called or known by the same name forever. If you are female, your first name will not change even if you marry and if you remain single, your full name remains the same. What I am trying to say is that most and perhaps almost all of us did not have any say in the choice of our name. Worse, we are stuck with our name for life. And, given that a name is one’s primary identification in society, there are laws restricting a change of name. I will discuss some of these laws in order that you will be apprised of your rights as well as obligations in the use of your name – whether or not you love your name.

Each person has a certificate of live birth issued by the local civil registrar of his place of birth. This certificate contains data furnished by the parents of the newborn or their representative. It has happened many times that the name appearing in the birth certificate is different from the one intended by the parents for their child. More often than not, the cause is that the hospital staff or midwife who supplied the entries for the birth certificate had been mistaken. For example, the parents may have said "Therese" but the one filling up the application form thought he heard "Cherise". The child, of course, would be using, and becomes known to one and all as, "Therese", until it is discovered – usually upon her graduation from high school, application for a passport, or similar instance at which time she is required to obtain from the local civil registrar a certified true copy of her birth certificate – that lo and behold she is officially "Cherise".

An interesting phenomenon these days is the proliferation of unique names. Before, most babies were named after their ancestors who were either a "Juan" or "Maria". Or, they were named after saints because I understand that the Church strictly required such names for baptism. Thus, there was then the popularity of names such as "Therese", "Cecilia", "Christopher" (unfortunately removed from the roster of saints) and a host of others. On the other hand, the incredible population growth in this country has given rise to countless "Reyeses", "Santoses", "Cruzes", "Lims" and "Tans" and other common surnames. Now, for those who have experienced securing an NBI clearance, they would know how difficult the process is if one shares the same first and last names of people with a criminal record. The solution is, therefore, to concoct unique names for one’s children. Examples are combining the parents’ first names such as "Loubel" (Louie and Bella) or "Maribu" (Marie and Butch), naming the child after a place, real or not, like "Tara", or using a famous or notorious name, as in "Osama". However, this is where many times the birth certificate contains a misspelled first name. So, instead of the intended "Alyssa Santos", the name that appears in the birth certificate is "Alicia Santos" which although a very nice name is not exactly unique.

The Civil Code provided that "No person can change his name or surname without judicial authority" and "No entry in a civil register shall be changed or corrected without a judicial order". Republic Act No. 9048 amended these provisions and now provides that "No entry in a civil register shall be changed or corrected without judicial order, except for clerical or typographical errors and change of first name or nickname which can be corrected or changed by the concerned city or municipal civil registrar or consul general x x x". Where, therefore, the first name appearing in the birth certificate is misspelled or has a clerical or typographical error, the interested person need only file a verified petition, in person, with the local civil registrar where the record containing the clerical or typographical error to be corrected, or the first name to be changed, is registered or the local civil registrar where the petitioner had already migrated or the nearest Philippine consulate where the petitioner is presently residing in a foreign country. For a change of name as, for example, the first name in the birth certificate is not exactly the one intended and the petitioner has already been using the latter for a long time, the requirements are the same for a misspelled or erroneous name, except that clearances or certifications from one’s employer, if any, the National Bureau of Investigation and Philippine National Police that the petitioner has no pending case or criminal record have to be submitted. Further, in addition to the posting requirement, for a change of name, the petition must be published once a week for two consecutive weeks in a newspaper of general circulation.

The petition may be denied: (1) if the first name or nickname sought to be changed is neither ridiculous, nor tainted with dishonor nor extremely difficult to write or pronounce; (2) the new first name or nickname sought to be adopted has not been habitually and continuously used by the petitioner, and he has not been publicly known by that first name or nickname in the community; or, (3) there is no confusion to be avoided or created with the use of the registered first name or nickname of the petitioner. Where the local civil registrar denies the petition, the petitioner may appeal to the Civil Registrar General on the ground that: (1) a new evidence is discovered which when presented shall materially affect, alter, modify or reverse the decision; (2) the denial is erroneous or not supported with evidence; or (3) the denial is with grave abuse of authority or discretion. Where the local civil registrar granted the petition but the Civil Registrar General impugned it, the petitioner may file a reconsideration within 15 working days which shall be based only on the ground of newly discovered evidence, or he may file the appropriate petition with the proper court.

Under the Family Code which became effective on Aug. 3, 1988, an illegitimate child shall use the surname of his mother. This holds true even if the illegitimate child has been recognized by his biological father. The reason is to protect and safeguard the right of the legitimate family to use that surname. However, it is doubtful whether this Family Code provision can be invoked to prevent an illegitimate child residing in the Philippines from using the biological father’s surname where said child was born in the United States and has an American birth certificate and passport both indicating said surname as the child’s surname. Moreover, before the Family Code, there was no such express prohibition, hence a number of illegitimate children born then use their father’s surname.

On the other hand, an adopted child, by virtue of a decree of adoption, has the right to use the surname of his adopter(s). Parenthetically, the (new) birth certificate of the adopted wherein his surname is that of his adopter(s) already, does not bear any notation that it is an amended one. The original birth certificate of the adopted is canceled and the amended one is sealed in the civil registry records. But, if the adoption is rescinded, the court shall order the Civil Registrar to cancel the amended certificate of birth of the adoptee and restore his/her original birth certificate including the erstwhile adopted’s old name. We are talking here, of course, about an adoption that has undergone a court process. In some cases, those wanting to have a child not theirs make it appear that they are the child’s natural parents by having their own names put in the latter’s birth certificate. While their reason for doing so is because they find the legal adoption process too burdensome, the fact is they are vulnerable to criminal prosecution.

Screen names abound in numerous certificates of candidacy because more and more movie actors and actresses are running for office. One would think that an official document such as a certificate of candidacy should indicate only one’s name as appearing in the birth certificate. The Omnibus Election Code provides that unless the candidate has officially changed his name through a court-approved proceedings, a candidate shall use in a certificate of candidacy the name by which he has been baptized, or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadji name after performing the prescribed religious pilgrimage. When there are two or more candidates for an office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surname, except the incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He (the incumbent) may also include one nickname or stage name by which he is generally or popularly known in the locality.

A law which in effect allows the use of a name other than that appearing in the birth certificate is Republic Act No. 6085 which regulates the use of aliases. It states that except as a pseudonym for literary, cinema, television, radio or other entertainment purposes, and in athletic events where the use of pseudonym is a normally accepted practice, no person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was baptized for the first time, or in case of an alien with which he was registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court. Further, any person desiring to use an alias shall apply for authority in proceedings like those legally provided to obtain judicial authority for a change of name and no person shall be allowed to secure such judicial authority for more than one alias. The petition for use of an alias shall specify the reason for the use of the desired alias. However, even if a person has obtained judicial authority to use an alias, or has been validly using a pseudonym, the law prohibits him from representing himself in any public or private transaction or from signing or executing any public or private document without stating or affixing his real or original name and all names or aliases or pseudonyms he is or may have been authorized to use. Of course, by way of example, one need only refer to a former president of the Republic of the Philippines whose official full name is his first name (after a saint), father’s surname and screen surname for the use of which he had obtained judicial authority.

(The author is a senior partner of Angara Abello Concepcion Regala & Cruz Law Offices. She may be contacted at 830-8000; fax at 894-4697 or email at: [email protected])