96.-Petition-for-Correction-of-Entry-in-a-Birth-Certificate.docx

Republic of the Philippines  FIRST JUDICIAL JUDICIAL REGION 

REGIONAL TRIAL COURT Branch 2

Tabuk City

In the Matter of: CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF THE MINOR, JAMES DURANT ,

herein represented by his mother and guardian, HILARY DURANT , SPECIAL PROCEEDING CASE NO. 12892

Petitioner ,  

-versus-

THE TH E LO LOCA CAL L CI CIVI VIL L RE REGI GIST STRA RAR R OF THE CITY OF BAGUIO ,  

Responde

nt.

X ------------------------------------------------------------ x PETITION WITH ALL DUE RESPECT TO THE HONORABLE COURT,

thee Pe th Peti titi tion oner er,, as re repr pres esen ente ted d by he herr mo moth ther er an and d gu guar ardi dian an,, HILARY DURANT , through counsel, and unto the Honorable Court, states that:

1. The petition petitioner er is a minor, minor, five (5) (5) years years and 2 (2) month monthss old, under under the care and custody of his natural mother, HILARY DURANT, with postal address at No. 44 Mustaine Road, Baguio City, Philippines, where she may be served with summons and other Court processes; 2. Th Thee Lo Loca call Ci Civi vill Re Regi gist stra rarr is a go gove vern rnme ment nt en enti tity ty ch char arge ged d wi with th th thee recording, registration, and custody of public records and other matters,

with postal address at the Baguio Health Center, T. Bea Street, Baguio City, Philippines; 3. Petitioner JAMES DURANT  was born on March 13, 2017, and is the natural child of HILARY DURANT   and STALEY D. LAYNE . Said birth was duly registered with the Local Civil Registry under Local Civil Registry No. 01-34578. A machine copy of the Certificate of Live Birth is hereto attached as Annex “A”, to form part hereof; 4. In the said Certificate of Live Birth of the Petitioner, minor petitioner’s SEX is entered as MALE, while in truth and in fact her sex is FEMALE. In all truth and honesty, the afore-stated entry is incorrect, and said information was erroneously entered by the attending medical clerk at the hospital; 5. This error was made due to mistake of fact, supplied in good faith and without any unlawful or illegal intention; 6. The Correction being sought is meant to state the truth of her gender. PRAYER WHEREFORE, premises considered, it is most respectfully prayed

of the Honorable Court that, after due notice and hearing, a decision be rendered in favor of herein Petitioner, ordering the Local Civil Registrar of  the City of Baguio to change the entry in Petitioner’s Certificate of Live Birth under the - SEX from “MALE” to “FEMALE”. Such other reliefs as may be just and equitable under the circumstances are likewise prayed for. IN WITNESS WHEREOF , I have hereunto set my hand this 5 th day

of October 2019, in the City of Baguio, Philippines.

ATTY. LEO D. TIGRE

Counsel for the Petitioner  3F La Azotea Bldg., Session Road, Baguio City (074) 422-0!7 "#R $o. %%0&Baguio City&0%-02-%4 Roll o' Atty. $o. !%3%&0-0-%3 B" *R $o. +2!7+&Baguio-Benguet&0%-02-%4

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REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X ========================== X VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, HILARY DURANT , of legal age, married, Filipino citizen, and a resident of No. 44 Mustaine Road, Baguio City, hereby declare under oath that: 1. I am the mother and guardian of the above-named petitioner; I have caused the preparation of the foregoing petition; I have read and understood the contents of the same; and that all the allegations therein are true and correct of my own knowledge and based on authentic documents; 2. I FURTHER CERTIFY THAT: a. I have not commenced any proceeding involving the same issues before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; b. To the best of my knowledge, no such action is pending before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; c. If there be any similar action before the Supreme Court, Court of  Appeals, or any other Government Agency or Tribunal, I undertake to report the same within five (5) days to the court where the original action and certification referred to herein has been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 5 th day of  October 2019, in the City of Baguio, Philippines.

HILARY DURANT  Affiant  SUBSCRIBED AND SWORN   to before me in the City of Baguio this 5 th

day of October 2019, by affiant personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.

Doc. No. __; Page No. __; Book No. __; Series of 2019.

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