Philippine Bar review · Question

Practice question: Change of Name (Rule 103)

Multiple Choice Medium

Practice question

In a properly filed Rule 103 proceeding, no one opposes the petition. Must the court grant the requested name solely because there is no opposition?
  1. Yes, silence is conclusive proof.
  2. No; publication and the allegations must be proved, and proper and reasonable cause must appear.
  3. Yes, verification eliminates all need for evidence.
  4. Yes, the petitioner may direct the judgment.
  5. No; an unopposed petition must always be dismissed.

Legal references

  • https://lawphil.net/courts/rules/rc_72-109_proceedings.html — Rule 103 sections 1–6: verified petition, residence, publication, hearing and judgment.
  • https://lawphil.net/judjuris/juri2010/dec2010/gr_186027_2010.html — Republic v. Mercadera, G.R. 186027, December 8, 2010, main opinion: administrative primacy for first-name changes.
  • https://lawphil.net/statutes/repacts/ra2001/ra_9048_2001.html — sections 1, 4 and 7: first-name changes and recourse after administrative denial.

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