Change of Surname in the Philippines: RA 9048/10172 Requirements and Process

Philippine legal guide (practical, step-by-step). This is general information, not legal advice.

1) Start here: what RA 9048 and RA 10172 actually cover

RA 9048 (Clerical/Typographical Errors Law) – allows an administrative (no-court) petition before the Local Civil Registry Office (LCRO) to:

Correct clerical/typographical errors in civil registry entries (e.g., a misspelled surname like “Sontoz” → “Santos”).
Change a first name or nickname (with proper cause).

RA 10172 (2012 amendment) – extends RA 9048 to also allow administrative correction of:

Day and/or month (but not the year) in the date of birth.
Sex if the entry was a clerical error (e.g., obvious mismatch with medical/secondary records).

Not for gender identity or post-birth medical transition—those require court processes.

Key limit you should know

Except for misspellings (clerical errors), RA 9048/10172 do not let you change to a different surname. Substantive surname changes usually need another legal pathway (see Section 2).

2) All lawful paths to a different surname (and which one fits you)

A. Administrative (no court)

Surname was misspelled on the birth/marriage/death certificate → RA 9048 petition for clerical error at LCRO. Result: corrected, properly spelled surname.
Illegitimate child wants to use the father’s surname → RA 9255 (not RA 9048). File an Affidavit to Use the Surname of the Father (AUSF) at the LCRO where the birth is registered (or per current IRR). Basics: proof the father acknowledged filiation (e.g., signed birth record, public document, or private handwritten acknowledgment allowed by IRR). Consent of the child is needed if of discerning age; if already of legal age, the person applies for themself. Result: birth record annotated; child legally uses the father’s surname.
Legitimation by subsequent marriage of the parents (Family Code) → File Affidavit of Legitimation with LCRO after parents marry (provided there was no legal impediment to marry when the child was conceived/born). Result: status becomes legitimated; child uses father’s surname.
Adoption → Under the current domestic adoption framework (handled administratively through the National Authority for Child Care (NACC)), adoption results in a new/amended birth record reflecting the adoptive parent’s surname. (Inter-country or step-parent adoption have parallel rules.) Result: child takes adoptive parent’s surname.
Marriage / reversion to maiden name
- A woman may use her husband’s surname after marriage but is not obliged to.
- To revert to the maiden name (e.g., upon death of spouse, annulment/nullity, or a recognized foreign divorce), present the PSA documents showing the basis (e.g., death certificate; annotated marriage certificate with decree; court recognition of foreign divorce). Government IDs and passports are then updated administratively.

Other rare administrative changes: special statutes (e.g., witness protection identity) may allow new identity papers via agency procedures.

B. Judicial (with court)

Petition for Change of Name (Rule 103, Rules of Court) Use this when you want a new surname for recognized, compelling reasons (not covered by the admin routes). Typical grounds recognized by jurisprudence include:
- The name is ridiculous, tainted, or causes confusion;
- You’ve habitually and continuously used another surname and you’re known by it;
- To avoid confusion (e.g., inconsistent records);
- To align with paternity/maternity or protect best interests of the child where admin routes don’t apply;
- Other substantial, proper, and reasonable cause. Process (high level): verified petition in the RTC of your residence, publication in a newspaper (weekly for three consecutive weeks), hearing with the civil registrar/OSG notified, and, if granted, PSA annotation.
Substantial corrections to civil registry entries (Rule 108) If the issue is not clerical (e.g., a contested filiation, identity, or status) and you need the registry itself changed, courts handle it. Often paired with recognition of foreign decrees.
Recognition of a foreign divorce (for reversion to maiden name, etc.) A Filipino spouse generally needs a court recognition of the foreign divorce before PSA will annotate the marriage certificate; thereafter, IDs/passport can be updated.

3) Using RA 9048/10172 when the surname is involved

When it works

Obvious misspelling of the surname on a PSA civil registry document (birth/marriage/death). Examples: “Dela Cruzz” → “Dela Cruz”; “Mac araeg” → “Macaraeg”.

When it doesn’t

You want to switch to an entirely different surname (e.g., mother’s surname, step-parent’s surname, or a chosen surname) without a qualifying admin route (RA 9255, adoption, legitimation) → file in court (Rule 103/108).

4) RA 9048/10172 step-by-step (for misspelled surname; analogous for first name & 10172 items)

Prepare a verified petition (LCRO has standard forms):
- Identify the erroneous entry (e.g., surname field) and the exact correction sought.
- State the grounds (clerical/typographical error) and attach supporting evidence.
Gather supporting documents (examples—submit what best proves the correct spelling):
- PSA/LCRO copies of the affected record;
- Parents’ records (marriage certificate, IDs), siblings’ birth certificates (to show consistent family surname);
- Baptismal/confirmation certificates; school/medical records; employment/government records;
- Valid ID(s) of petitioner;
- For change of first name petitions (not surname), most LCROs also require NBI and police clearances and sometimes employer clearances—expect similar diligence checks.
File at the proper LCRO
- Usually where the record is kept; if you live elsewhere, LCRO of current residence may accept and forward.
- If registered abroad, file with the Philippine Consulate that recorded the civil event (or per current PSA guidance).
Notices & publication/posting
- Clerical error corrections (incl. misspelled surnames): public posting at the LCRO for a prescribed number of days (no newspaper publication).
- Change of first name: newspaper publication (weekly for two consecutive weeks).
- 10172 (day/month/sex): public posting (no newspaper publication).
Evaluation & decision
- The City/Municipal Civil Registrar (C/MCR) evaluates and issues a decision.
- For certain RA 9048/10172 actions (e.g., change of first name; sex/day/month corrections), the decision is submitted to the Civil Registrar General (PSA) for affirmation before annotation.
Annotation and release
- Once approved/affirmed, the LCRO/PSA annotates the civil registry record.
- You can then request PSA copies showing the annotation.

Processing times and fees vary by locality/consulate and the complexity of your evidence. Expect several weeks to a few months in many cases.

5) Judicial routes (surname change via court): what to expect

Where to file: RTC of your province/city.
Parties: You (petitioner) vs. the Local Civil Registrar (and any interested parties). OSG is notified.
Publication: Usually once a week for 3 consecutive weeks in a newspaper of general circulation.
Hearing & proof: Present testimony and documentary evidence (consistent long use of the desired surname, records, affidavits, reasons).
Decree & annotation: If granted, the court order is transmitted to LCRO/PSA for annotation.
Children: The best interests of the child standard is paramount; courts scrutinize motives and evidence.

6) Checklists by pathway

A) RA 9048 clerical error (misspelled surname)

✔️ Accomplished Petition for Correction of Clerical/Typographical Error
✔️ PSA/LCRO copy of the record with the error
✔️ 2–3 secondary documents proving correct spelling (church/school/medical/IDs; parents’ marriage; siblings’ birth certs)
✔️ Valid IDs of petitioner
✔️ Posting compliance proof (LCRO handles)
✔️ Fees (filing, certification, copies)

B) RA 9255 (AUSF) – illegitimate child using father’s surname

✔️ AUSF signed by father (per IRR formats)
✔️ Proof of filiation/acknowledgment (e.g., father signed birth record; public document; acceptable private handwritten instrument)
✔️ Child’s consent if of discerning age / adult child files personally
✔️ Mother’s/guardian’s IDs (for minors)
✔️ PSA birth cert
✔️ Fees; LCRO processing; PSA annotation

C) Legitimation by subsequent marriage

✔️ Parents’ PSA marriage certificate
✔️ Child’s PSA birth certificate
✔️ Affidavit of Legitimation (LCRO format)
✔️ IDs; fees; PSA annotation request

D) Adoption

✔️ NACC/competent authority adoption order/documentation
✔️ LCRO/PSA processing request for new/amended birth record
✔️ IDs; fees

E) Judicial change of surname (Rule 103/108)

✔️ Verified petition (facts, grounds, relief)
✔️ Publication arrangements
✔️ Evidence (records showing long use, consistency, reasons; affidavits; clearances as helpful)
✔️ Hearing; court order
✔️ PSA annotation request; certified copies for agencies

7) Practical tips & common pitfalls

Pin down your route first. If it’s a misspelling, RA 9048 is usually fastest. If it’s a new surname by choice, think Rule 103. For children, check RA 9255, legitimation, or adoption first.
Consistency is king. The more consistent secondary documents you can show, the smoother the process. If your records are inconsistent, explain the history in a sworn narrative and supply corroboration.
Sex marker corrections (RA 10172): must be clerical and supported by medical/early records. It’s not a path for gender transition.
Foreign divorce: secure court recognition in the Philippines before expecting PSA to annotate and before updating IDs.
Publication & posting: comply meticulously; keep proofs (publisher affidavits, clippings, LCRO certifications).
Name use while pending: generally wait for PSA annotation before updating passports, PRC licenses, LTO, SSS, PhilHealth, banks, etc.

8) After approval: update these IDs and records

PSA copies (birth/marriage certificate with annotation or amended record)
PhilID (PSA-PhilSys) / Passport (DFA) / PRC license / LTO driver’s license
SSS, GSIS, PhilHealth, Pag-IBIG, TIN/BIR
Bank and insurance accounts, school/employment records, voter’s registration

Bring the annotated PSA document(s), the order/decision (if judicial), and valid IDs.

9) Quick decision map

Is the surname just misspelled? → RA 9048 at LCRO.
Illegitimate child wants father’s surname and father acknowledged? → RA 9255 (AUSF).
Parents later married (no prior impediment)? → Legitimation at LCRO.
Adoption? → NACC/adoption route; amended birth record.
Married name or reversion to maiden name? → Administrative updates using PSA basis (death/annulment/recognized foreign divorce).
None of the above; you want a different surname for other reasons? → Court petition (Rule 103/108).

10) FAQs

Can I change my child’s surname to mine (mother’s) if the child is legitimate? Not administratively. That’s typically a judicial matter (best interests of the child and proper grounds).

What if the father refuses to sign the AUSF? RA 9255 requires acknowledgment by the father (or acceptable proof thereof). Without it, consider a court action (e.g., filiation/Rule 108) or explore adoption pathways if appropriate.

I transitioned and want to change my sex marker and surname. Can RA 10172 do this? No. RA 10172 addresses clerical errors only. Substantive changes require court relief (and Philippine jurisprudence is strict).

Born abroad / record at a consulate? File with the Philippine Consulate where the birth was reported (or per current PSA routing), or coordinate with your current LCRO for forwarding.

Final notes

Bring originals and clear photocopies; sign in person (or with proper authorization).
Fees and processing times vary by LGU/consulate and case complexity.
When in doubt about the right pathway (especially for minors or contested facts), consult a Philippine lawyer or your LCRO for the latest implementing rules and required forms.