The surname is the cornerstone of personal identity in Philippine civil law. An incorrect surname on a birth certificate, marriage certificate, death certificate, or any derivative document (passport, driver’s license, SSS, GSIS, PhilHealth, voter’s ID, etc.) creates cascading legal, administrative, and practical problems. Philippine law provides two distinct tracks for correction: administrative correction for clerical or typographical errors, and judicial correction for substantial changes or corrections that require adversarial proceedings.

I. Classification of Surname Errors

The choice of procedure depends entirely on whether the error is classified as clerical/typographical or substantial.

Clerical or Typographical Error (Correctible under RA 9048 as amended)
- Visible to the eyes or obvious to the understanding
- Examples:
  - Rodríguez misspelled as “Rodriquez” or “Rodriges”
  - García written as “Gacia”
  - De la Cruz written as “Dela Cruz” or “Delacruz” (if the person’s consistent usage is with space or hyphen)
  - Transposition of letters (“Santos” as “Santso”)
  - Omission or addition of one or two letters that does not change the surname into a completely different one
Substantial or Material Error (Requires judicial proceeding under Rule 108 or Rule 103)
- Changes the essence of the surname
- Examples:
  - Changing from mother’s surname to father’s surname when there was no prior acknowledgment (if not covered by RA 9255 AUSF)
  - Changing “Cruz” to “Reyes” without legal basis
  - Correcting a completely wrong surname entered at birth (e.g., hospital entered the wrong family name)
  - Adding or removing “Jr./Sr./III” when it alters filiation status
  - Any change that affects civil status, legitimacy, or filiation

The Supreme Court has repeatedly ruled (Republic v. Mercadera, G.R. No. 186027, 2011; Republic v. Gallo, G.R. No. 207074, 2018) that the distinction is not about the number of letters but whether the correction merely makes the entry speak the truth or actually changes the truth.

II. Administrative Correction of Clerical Errors in Surnames

(Republic Act No. 9048 as amended by Republic Act No. 10172 and implementing rules of the Philippine Statistics Authority)

Scope: Explicitly includes correction of clerical errors in surnames.

Where to File

Local Civil Registry Office (LCRO) of the city/municipality where the birth was registered (for birth certificates)
LCRO where the marriage was registered (for marriage certificates)
Philippine Embassy or Consulate General (for overseas Filipinos) – the petition is transmitted to the PSA for processing
Migrant petition: May be filed at the LCRO of current residence; it will be forwarded to the LCRO of registration

Requirements (PSA-prescribed forms)

Accomplished Petition Form No. 9048 (in triplicate)
Certified true copy/machine copy of the Certificate of Live Birth (COLB) or other document with the erroneous surname (PSA copy preferred)
At least two (2) public or private documents showing the correct surname (e.g., baptismal certificate, school records, voter’s certification, NBI clearance, passport, marriage contract, etc.)
Affidavit of Petitioner explaining the circumstances of the error
Affidavit of two disinterested persons who have personal knowledge of the error
Proof of payment of fees
For minors: Affidavit of consent of parents or guardian
If filed by representative: Special Power of Attorney

Fees (as of 2025)

Philippines: ₱1,000.00 (correction) + ₱500.00 if change of first name is also involved
Abroad: US$50.00 (correction) + US$25.00 if change of first name
Migrant petition: additional ₱500.00 forwarding fee

Procedure

File petition → Payment → Posting of notice for ten (10) consecutive days at the LCRO bulletin board
Civil registrar decides within fifteen (15) working days after posting period
If approved: Decision is annotated on the original record and transmitted to PSA
Petitioner obtains annotated PSA birth certificate (now reflects the correction in the remarks section)

Timeline: Usually 1–3 months in the Philippines; 4–8 months if filed abroad.

III. Use of Father’s Surname by Illegitimate Children

(Republic Act No. 9255 and its Revised IRR effective 2022)

This is the most common surname correction scenario in the Philippines.

Two situations:

A. Child not yet registered or registration still with mother’s surname but father wants to acknowledge

Father executes Affidavit of Admission of Paternity (AAP) at the back of the Certificate of Live Birth or separate public instrument
Register the AAP at the LCRO → child automatically uses father’s surname

B. Child already registered with mother’s surname

Father (or child upon reaching 18) executes Affidavit to Use the Surname of the Father (AUSF)
File the AUSF together with the father’s written consent at the LCRO where the birth is registered
Requirements: PSA birth certificate, AUSF, AAP or public document of acknowledgment, IDs
Fee: ₱1,000–₱3,000 depending on location
Result: Annotation “Registered under RA 9255” and the child now legally uses the father’s surname on all documents

Important: AUSF under RA 9255 is administrative and does not require court action even if the child is already an adult.

IV. Judicial Correction of Substantial Errors in Surname

(Rule 108, Rules of Court – Correction of Entries)

When to use Rule 108

The error is substantial (completely wrong surname, wrong filiation entered)
Clerical error but the civil registrar denied the RA 9048 petition (appeal via Rule 108)
Change affects status or filiation

Venue
Family court of the province/city where the corresponding LCRO is located (not where petitioner resides)

Requirements

Verified petition setting forth the facts
PSA-certified copy of the birth certificate
Supporting documents showing correct surname
Affidavit of publication
Certificate of posting

Procedure

File petition → Raffle to court → Order setting hearing and directing publication once a week for three consecutive weeks in a newspaper of general circulation
Serve copy to the Solicitor General and the Local Civil Registrar
Hearing (petitioner must testify)
Judgment → If favorable, becomes final after 15 days → Court orders LCRO to correct the entry
Annotated PSA certificate issued

Timeline: 8 months to 2 years (faster in less congested courts)

Cost: ₱50,000–₱150,000 including publication and lawyer’s fees

V. Change of Entire Surname

(Rule 103, Rules of Court – Change of Name)

Grounds (must be proven)

The name is ridiculous, tainted with dishonor, or extremely difficult to pronounce
Consequence of change of status
Necessity to avoid confusion
Having continuously used and been known by a different name and the change is merely to formalize it
Sincere desire to adopt a Filipino name (for naturalized citizens)

Venue: Regional Trial Court of the province where petitioner has resided for at least three (3) years

Procedure: Same publication and hearing requirements as Rule 108

Note: The Supreme Court is very strict. Petitions based solely on “personal preference” are routinely denied (e.g., In re: Petition for Change of Name of Ty v. Republic, G.R. No. 214156, 2018).

VI. Special Cases

Legitimated Children (Art. 177–182, Family Code)
- Upon subsequent marriage of parents, file the Certificate of Marriage + Affidavit of Legitimation at the LCRO
- Child’s surname automatically changed to father’s; no court order needed
Adopted Children
- The amended birth certificate issued after adoption already reflects the adopter’s surname (RA 8552 as amended by RA 11642)
Annulment or Declaration of Absolute Nullity of Marriage
- Woman may revert to maiden name by filing a simple manifestation with the LCRO (no court order needed if the decree states she is allowed to revert)
Rescission of Adoption (RA 11642)
- Child reverts to biological surname via court order
Foundlings (RA 11767 – Foundling Recognition and Protection Act, 2022)
- May petition court for change of surname to that of foster family after two years

VII. Updating Derivative Documents After Surname Correction

Once the PSA birth certificate is corrected/annotated:

Document	Office	Requirement
Passport	DFA	Annotated PSA birth certificate + old passport
Driver’s License	LTO	Annotated PSA BC + OR/CR
Voter’s Registration	COMELEC	Annotated PSA BC + biometrics
SSS/GSIS/PhilHealth/Pag-IBIG	Respective agencies	Annotated PSA BC + E-1/E-4 form or equivalent
Bank Accounts	Bank	Annotated PSA BC + marriage contract if applicable
School Records	School/DepEd/CHED	Annotated PSA BC + affidavit of explanation

For passports, if the surname discrepancy is substantial, DFA may still require a court order even if the PSA certificate is already annotated.

VIII. Final Notes

Always start with the administrative route (RA 9048 or RA 9255) whenever possible — it is faster, cheaper, and does not require publication.
Denial of an RA 9048 petition may be appealed to the Civil Registrar General (PSA) within 15 days, and thereafter to the Regional Trial Court via Rule 108.
The Supreme Court has consistently upheld that surname corrections involving filiation must respect the child’s best interest and the indelible right to know one’s parentage (Grande v. Antonio, G.R. No. 206248, 2014).

Correcting one’s surname is not merely administrative convenience — it is the restoration of legal identity under Philippine law. The proper procedure, when faithfully followed, ensures that the correction is recognized in all government and private transactions throughout the person’s lifetime.