Removal of Surname: Cost and Process in the Philippines

Removal of a Surname in the Philippines (Costs • Processes • Practical Pointers)


1. Why “removing” a surname is not a single-track procedure

In Philippine law a “surname change” can mean several quite different things:

Typical goal Governing rule Is it administrative (no court) or judicial (court petition)?
Correct a typo / obvious clerical error in the last name (e.g., ReyesReyez) R.A. 9048 (as amended by R.A. 10172) Administrative
Drop the biological father’s surname and revert to the mother’s (for an illegitimate child who was later acknowledged by the father and now wishes to undo it) R.A. 9255 & Civil Registry Circulars Administrative
Change or remove a surname for broader personal reasons (to avoid confusion, because it is ridiculous, to match a gender transition, etc.) Rule 103 of the Rules of Court (“Petition to Change Name”) Judicial
Surname issues tied to legitimation, adoption, annulment, or recognition of foreign decrees Family Code, R.A. 9858, R.A. 11222, Inter-Country Adoption Act, etc. Mostly Judicial

If none of the special statutes (R.A. 9048/9255/10172) squarely fit the situation, you land in Rule 103 territory and must go to the Regional Trial Court (RTC).


2. Administrative route (Local Civil Registry Office)

  1. Who may file. The owner of the record if of age; otherwise the parents or a duly authorized guardian.

  2. Where. Local Civil Registry Office (LCRO) where the birth was recorded, or the LCRO of current residence (with forwarding).

  3. Key documentary requirements.

    • PSA-issued birth certificate (certified true copy).
    • Valid ID(s) of the petitioner.
    • Supporting evidence (school records, voter’s registration, baptismal record, etc.).
    • Notarised and, if required, authenticated affidavits of publication/posting.
  4. Fees and cost rough-guide (2025 figures).

Item Typical range (PHP) Notes
Filing fee (LCRO) 1 000 – 3 000 Change of name costs more than clerical-error petitions.
Endorsement fee to PSA 200 – 350 Varies by city/municipality.
Certified copies after approval 155 (per copy) PSA online requests add courier fees.
Publication/posting 1 500 – 3 500 Only for R.A. 9255 petitions; R.A. 9048 needs posting, not newspaper publication.
Total out-of-pocket ≈ 3 000 – 7 000 No lawyer is mandatory, but many still engage one (see below).
  1. Timeline.

    • LCRO processing: 2–3 months (longer in metropolitan areas).
    • PSA re-issuance: additional 1–2 months once the annotated record reaches PSA Quezon City.
  2. Result. The old record stays in the registry, but an annotation in the margin states that the surname has been canceled/changed under the cited authority.


3. Judicial route (Rule 103, RTC)

  1. Venue. RTC of the province where the petitioner has resided for at least three (3) years immediately preceding the petition.

  2. Verified petition must allege a proper and reasonable cause. Philippine jurisprudence recognises, among others:

    • The surname is ridiculous, tainted with dishonor, or extremely hard to write/pronounce.
    • Change will prevent confusion (e.g., identical names within the family).
    • To carry mother’s maiden surname for good reasons (Supreme Court still requires clear factual basis).
    • In gender transition cases, name change is allowed even if sex entry cannot be altered (see Republic v. Cagandahan, G.R. 166676, Sept 12 2008).
  3. Procedural bones.

Step Details
Filing Petition + annexes (birth record, IDs, affidavits, clearances).
Docket fees ≈ 4 000 – 8 000 PHP (depends on the total “value” tiers).
Publication Order must be published once a week for three consecutive weeks in a newspaper of general circulation and posted on the courtroom bulletin board.
Newspaper cost 6 000 – 15 000 PHP (metro dailies cost more; provincial weeklies cost less).
Hearing(s) The Solicitor General, through the Prosecutor, represents the Republic and may oppose.
Decision & finality If unopposed, decision may issue in 6–12 months; contested cases can run 1–3 years.
Annotation at PSA After finality, supply certified RTC decision + entry of judgment to LCRO/PSA; annotation appears in 2–4 months.
  1. Lawyer’s professional fees.

    • Simple, uncontested petition: 20 000 – 40 000 PHP (provincial) / 40 000 – 75 000 PHP (Metro Manila/Cebu/Davao).
    • Contested or multiple hearings: can reach 100 000 PHP+.
  2. Total budget estimate (judicial). ≈ 30 000 – 120 000 PHP depending on venue, lawyer, and newspaper choice.


4. Special statutes that remove surnames by operation of law

Situation Statute Effect
Nullity/annulment of marriage Art. 63(2), Family Code Ex-wife may drop husband’s surname; no separate petition needed—just present decree when updating IDs and civil records.
Legal adoption R.A. 11642 (Domestic Administrative Adoption) Old surname disappears; post-order birth certificate is re-issued with adoptive surname.
Legitimation by subsequent marriage Art. 178–182, Family Code Child’s surname shifts from mother’s to father’s automatically once legitimated; LCRO annotates record.

5. Common practical questions

Question Answer
“Can I do it myself without a lawyer?” Yes, for R.A. 9048/9255 petitions many LCROs even provide blank forms. For RTC petitions, self-representation is allowed but strongly discouraged because publication orders and motions must strictly follow procedural rules.
“Will my passport, PRC license, and bank records automatically update?” No. Take the annotated PSA copy and the court/LCRO order to each agency. DFA, PRC, SSS, BIR, LTO, PhilHealth, and banks all require personal appearance with originals.
“Is the record totally erased?” No. The original civil-registry page stays but is stamped/annotated. Agencies will issue certified copies with the annotation going forward.
“Can someone oppose my petition?” In a judicial petition, yes—the State (through the Solicitor General) may oppose, especially if the change will prejudice creditors, inheritance rights, or evade criminal liability.
“How long before PSA shows the change online?” After PSA receives the annotated documents, expect 2–4 months for the e-copy (SECPA) to reflect the change.

6. Timeline cheat-sheet

ADMINISTRATIVE
┌───LCRO filing (Day 0)
│
├───Evaluation & posting  (1–2 wk)
│
├───LCRO decision        (up to 4 wk after evaluation)
│
└───Transmit to PSA      (1–2 mo)
     └──New annotated PSA birth certificate available

JUDICIAL
┌───Petition filed in RTC (Day 0)
│
├───Order & publication   (1–2 mo)
│
├───Initial hearing       (4–6 mo)
│
├───Decision              (6–12 mo typical)
│
└───Finality + PSA annotation (add’l 2–4 mo)

7. Tips to keep costs down

  1. Shop newspapers. Community weeklies charging ₱6 000–8 000 meet Rule 103’s “general circulation” requirement in most provinces.
  2. Bundle errands. Secure NBI, police, and barangay clearances in one day; they expire quickly.
  3. Ask LCRO for posting not publication if your case fits R.A. 9048 (clerical error)—that alone saves several thousand pesos.
  4. For OFWs, execute a Special Power of Attorney so a relative can attend LCRO or court dates; saves airfare.
  5. Keep at least five PSA copies of both the old and the annotated birth certificate—foreign embassies often keep the original.

8. Key take-aways

  • Removing or dropping a surname is perfectly doable but the correct path—administrative vs. judicial—depends on why you want the change.
  • Budget realistically. Administrative fixes hover around ₱3 000–7 000; court actions start at ₱30 000.
  • Expect months, not weeks. Plan for 3–6 months administratively, up to a year (or more) through court.
  • The annotation, not erasure, is the end-product; prepare to show it every time you prove your identity.

For personalised assessment, gather your PSA birth certificate and talk to the Local Civil Registrar first—they will quickly tell you whether your case stays at their desk or marches to the RTC.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.