Transcript part 5 Part 2 of Spec.

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If you want to file a petition for a change of name what are the
possible reasons (grounds) in order to for the petition to be
granted:
1. Name is ridiculous, tainted with dishonor or extremely
difficult to write or pronounce;
2. Habitual and continuous used and been known since
childhood by a Filipino name, unaware of his/her alien
parentage;
3. Consequence of a change of status;
4. A sincere desire to adopt a Filipino name to ERASE signs
of FORMER ALIENAGE(Nationality) Republic vs. IAC 145
SCRA 15, all in good faith and without prejudicing
anybody;
5. Change will avoid confusion; or
6. Surname causes embarrassment and there is no showing
that the desired change of name was for a fraudulent
purpose or that the change of name should prejudice
public interest.

How about change of name based on sex reassignment? No, it

is not a ground for a petition for change of name as decided by
the Supreme Court in the case of Silverio vs. Republic. Gender
reassignment is not a ground but in the case of People vs.
Cagandahan the Court allowed change of name due to
congenital hyperplasia (intersexuality). In intersexuality the
change of name would depend on what gender classification
would be that the individual, having reached the age of
maturity, with good reasons, thinks of his sex. It is at maturity
that the gender of such persons is fixed.
Be mindful of these two cases for these are condition
precedents and when you become lawyer this would be
helpful. Alright.
Change of name can resorted into what?
 1. By virtue of judicial order
2. By Administrative proceedings by virtue of R.A. 9048
In administrative proceeding anchored in R.A. 9048, the
petition is only filed before a local civil registrar office.
What are those covered under this administrative proceeding?
Change of first names and nicknames brought about by clerical
or typographical errors. Only upon these grounds may you
resort your petition before local civil registrar otherwise you
go to the court.
What is clerical or typographical error? A mistake committed
in the performance of clerical work in writing, copying,
transcribing or typing an entry in the civil register that:
1. Is harmless and innocuous.
2. Is visible to the eyes or obvious to the
understanding(Patent)
3. Can be corrected or changed only by reference to other
existing record or records
4. Does not involve the change of nationality, age, status or
sex of the petitioner.
What is R.A. 10172? It further expands the coverage of R.A.
9048 mainly on the entry of date and month of birth, and sex in
the birth registry. R.A. 10172 is in the context actually of
correction of entries but focuses only on the correction.
Can a petition for change of name be done in summary
proceedings in court? No because it is in the nature of
adversarial proceedings.
Where would you file your petition? RTC where the petitioner
has been a bona fide resident of the province where the
petition is filed for at least 3 years prior to such date of filing.
This must be alleged in the petition itself being a part of
jurisdictional requirements before a court proceed on your
petition. In special proceeding, during initial hearing you must
prove that you have complied with the judicial requirements of
the case. If the court is content then the case will definitely
proceed.
A resident alien is allowed to file petition for change of name as
decided in the case of Basas vs. Republic 23 scra 652 but
definitely not non-resident alien.
Can a minor file a petition for change of name? Yes, provided
in signing and verification, the guardian ad litem must assist
the minor in the filing. However, if the guardian is absent
during the signing and verification of the child, the petition’s
validity is not affected based on jurisprudence.
Change of name on the basis to improve personality and social
standing is also allowed for the best interest of the child.
Calderon vs. Republic 19 scra 721. However, a child was not
allowed to adopt surname mother’s second husband. An
illegitimate child is not also allowed to adopt father’s surname
who is a fugitive from justice.
Can your wife retain her surname? Yes, a wife cannot be
compelled to use the surname of her husband. There is no law
providing that wife must use her husband’s surname. The use
of husband’s surname is optional not obligatory.
QUESTION ni ARDEN: Can a wife, who is already using
husband’s surname, change her surname?
Answer ni Judge: Well, if you anchor your petition that the use
of surname is only optional not obligatory it may be given
weight or be granted. Just follow the principle.

NEXT VOLUNTARY DISSOLUTION OF CORPORATION

Rule 104 is not anymore applicable hence we follow:
BP 68 sec. 117-122
PD 902-A
BY virtue of RA 8799 Securities Regulation Code, The SEC has
no more jurisdictions on the voluntary dissolution of
Corporations and the jurisdiction is transferred to regular
courts RTC.
CASES covered by the commercial courts:
Section 1. (a) Cases covered. - These Rules shall govern the
procedure to be observed in civil cases involving the following:

(1) Devices or schemes employed by, or any act of, the board of
directors, business associates, officers or partners, amounting
to fraud or misrepresentation which may be detrimental to the
interest of the public and/or of the stockholders, partners, or
members of any corporation, partnership, or association;

(2) Controversies arising out of intra-corporate, partnership,

or association relations, between and among stockholders,
members, or associates; and between, any or all of them and
the corporation, partnership, or association of which they are
stockholders, members, or associates, respectively;

(3) Controversies in the election or appointment of directors,

trustees, officers, or managers of corporations, partnerships, or
associations;

(4) Derivative suits; and

(5) Inspection of corporate books.

SEC has no more power to settle intra-corporate dispute

and has no more power to issue sub-poena.
The appeal of these cases is still appealable to Court of
appeals.
With regard to corporate rehabilitation it is governed by
SC circular 00-8-10 The Rule of Procedure of Corporate
Rehab. It is now with the regular court.
Insolvency cases are also with regular court.