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Dela Torre and Associates Law Office

1234 Taft Avenue, Manila City


(02) 471-555
solanoylaw@gmail.com

LEGAL OPINION ON CHANGE OF NAME

15 November 2019

Mr. Jesus Dela Cruz


Lot 145 Las Espadas St.
Brgy. San Lucas De Oro, General Santos City

Dear Mr. Dela Cruz:

This is the legal opinion pertaining to your desire to change your name
under RA 9048.

These are the facts from our discussion and documents you presented:
You wish to file a petition for change of name under RA 9048 from Jesus Dela
Cruz to Roberto Dela Cruz on the ground that your first name is the same as
your girlfriend’s father’s name. Her father is a notorious drug lord and she wants
to eradicate all vestiges of the infamy of her father. You have had previously
filed a petition for change of your original first name, Shaider Shigi-shigi-tataite
Ruwa, for sounding ridiculous and extremely difficult to spell and pronounce, to
Jesus, and was granted.

The issue to be answered is whether or not you can change your first name
under RA 9048 as amended by RA 10172 for the second time.

No, changing your first name for the second time is not permitted by law.
RA 9048 allows first name or nickname to be changed or corrected by the city
or municipal civil registrar for the following reasons:

(1) If you find your first name or nickname to be ridiculous, tainted with
dishonor or extremely difficult to write or pronounce;
(2) If you have been using the new first name or nickname habitually and
continuously and you have been publicly known by that first name or
nickname in the community; or,

(3) The change will avoid confusion.

The name Jesus may be tainted with dishonor and your identity may be
confused with another Jesus Dela Cruz - the father of your girlfriend who is a
notorious drug lord. These may be valid grounds to change your name.
However, the Implementing Rules and Regulations of RA 9048 provides for the
changing of first name or nickname twice.

Administrative Order No. 1 Series of 2001 provides:

“Rule 7. Availment of the privilege. - The correction of clerical or


typographical error shall be availed of only once with respect to a
particular entry or entries in the same civil registry record.
However, with regard to the change of first name or
nickname in the birth certificate, the privilege shall be
availed of only once subject to Rule 12 hereunder. “

Since you have already availed of your privilege to change first name
once, from Shaider Shigi-shigi-tataite Ruwa to Jesus, you can no longer change
your name to Roberto because it is prohibited by the Implementing Rules and
Regulations of RA 9048 as amended by RA 10172. It is well settled, as it is
reiterated by the Supreme Court in countless decisions, that change of names is
a privilege and not a matter of right. The State has interest in the names borne
by individuals and entities for purposes of identification.

You may call or email me if you have further inquiries.

Sincerely yours,