Petition For Cancellation of Birth Certificate

 

Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Branch 18, Tagaytay City

IN

RE:

PETITION

FOR

CANCELLATION OF CERTIFICATE OF LIVE BIRTH OF JUAN DELA CRUZ SANTOS JUAN D. SANTOS

Case No. ______

Petitioner, CIVIL REGISTRAR, CITY OF TAGAYTAY Respondent. x-----------------------------------------x

VERIFIED PETITION PETITIONER JUAN D. SANTOS,  by and through counsel, unto this Honorable Court, most respectfully aver, that:

1.  Petitioner JUAN D. SANTOS is of legal age, Filipino and a resident of 8 Maguinhawa Village, Cavite City, where he may be served with summons, notices, orders and other processes of the Honorable Court. 2.  Respondent Office of the Local Civil Registrar, City of Tagyatay, is a government agency or instrumentality wherein the subject certificate live birthCity, was Cavite, recorded,where with address at the Tagaytay City Hall, of Tagaytay it may be served with summons, notices, orders and other processes of the Honorable Court. 3.  On the night of 10 July 1981, petitioner’s mother, Valencia Santos, experienced severe contraction. Thinking that she was then about to give birth to the petitioner, she instructed her husband and  petitioner’s father, Roberto Santos, to call and fetch Maria Villanueva, a midwife, to assist and attend to Valencia’s Valencia’s   giving  birth to the petitioner. petitioner.

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4.  However, despite the severe contractions and the assistance of the midwife, petitioner’s mother was not able to give birth at the moment. 5.  Petitioner’s father then  then  decided to rush petitioner’s Mary Grace General Hospital in Tejero Cavite wherein the latter gave birth to the petitioner on 12 July 1981. 6.  To register the fact of the petitioner’s birth, the Mary Grace General Hospital accomplished the necessary form and filed the same with the Local Civil Registrar of Cavite, hence, the  petitioner’s Certificate of Live Birth was issued. A copy of the  petitioner’s Certificate of Live Birth is hereto attached as Annex “A” and made an integral part hereof.  hereof.  7.  However, without knowledge of the parents of the petitioner, the aforementioned midwife, likewise accomplished a form for the  petitioner’s certificate of Live Birth and filed with the respondent local civil registrar of Tagaytay. Thus, another certificate of live  birth was issued under the name of the petitioner recorded in Tagaytay City. A copy of the certificate of live birth accomplished and filed by Maria Villanueva is hereto attached as Annex “B” and made an integral part hereof. 8.  Petitioner’s parents, Roberto and Valencia Val encia Santos executed a joint affidavit attesting to the facts and circumstances surrounding the  birth of the petitioner. A copy of the joint affidavit is hereto attached as Annex “C” and made an integral part hereof.  hereof.  

9.  It is respectfully manifested that the petitioner has been using the Certificate of Live Birth which was accomplished and filed by Mary Grace General Hospital (Annex “A”) and it was only on August 2015 that he learned about the existence of the other certificate of live birth accomplished and filed by Maria Villanueva (Annex “B”).  “B”).  10. Rule 108 of the Rules of Court provides: “Section 1. Who may  may  file petition.  –   any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the Court of First Instance of the province where the corresponding civil registry is located. 2

 

Section 2. Entries subject to cancellation or correction.  –  Upon  Upon good and valid grounds, the following entries in the civil register may be cancelled or corrected:  (a) births;  (b)marriage; (c) deaths; (d) legal separations; (e) judgments of annulments of marriage; (f) judgment declaring marriages void from the beginning; (g) legitimations; (h) adoptions; (i) acknowledgments of natural children; (j)naturalization; (k) election, loss or recovery of citizenship; (l) civil interdiction; (m)  judicial determination of filiation; (n) voluntary emancipation of a minor; and (o) change of name.” name.”   11. In the case of Republic of the Philippines vs. JULIAN EDWARD EMERSON COSETENG-MAGPAYO (G.R. No. 189476, February 2, 2011), the Supreme Court held: “ Labay-Rowe vs. Republic categorically holds that “changes which may affect the civil status from legitimate to illegitimate… illegitimate… are substantial and controversial which can only be allowed after appropriate adversary proceedings…”  proceedings…”  Since respondent’s desired change affects his civil civi l status from legitimate to illegitimate, Rule 108 applies. It reads: Section 1. Who may file petition.  –   any person interested in any act, event, order or decree concerning the civil status of persons which has been recorded in the civil register, may file a verified petition for the cancellation or correction of any entry relating thereto, with the [RTC] of the province where the corresponding civil registry is located. xxxx Section 3. Parties.- When cancellation or correction of an entry in the civil register is sought, the civil registrar and all persons who have or claim any interest which would be affected thereby shall be made parties to the proceeding. Section 4. Notice and publication.  –  Upon   Upon the filing of the petition, the court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the person named in the petition. The court shall also cause the order to be published once a week for three (3) consecutive weeks in anewspaper of general circulation in the province. 3

 

Rule 108 clearly directs that a petition which concerns one’s civil status should be filed in the civil registry in which the entry is sought to be cancelled or corrected –  corrected  –   that of Makati in the present case, and “all “al l  persons who have or claim any interest which would be affected thereby” should made parties to the  proceedings.”   proceedings.”  12. Parenthetically, this Petition is being filed with the Honorable Court having territorial jurisdiction over the Office of the Local Civil Registrar of the Tagaytay City where the subject certificate of live birth was recorded. 13. Likewise, the civil registrar concerned is herein impoleaded as Respondent indicated above and the only known persons who may have interest in the instant petition. 14. In In view of the foregoing and for good cause, petitioner respectfully requests for the cancellation of certificate of live birth recorded in and issued by the local civil registrar of Tagaytay City. PRAYER WHEREFORE,  premises considered, it is most respectfully  prayed to this Honorable Court that an Order be issued for cancellation of the certificate of live birth under the name of the  petitioner issued by the office of the local civil registrar of Tagaytay City.

Other just and equitable reliefs under the premises are similarly prayed for. July 2, 2018, Quezon City for Tagaytay City BBMR Law Offices Counsel for the Petitoner  No. 13 Ramos Ramos Street Brgy. Laging Handa, Quezon City Tel. No. 411-9188 JOSE L. BATUNGBAKA BATUNGBAKAL L Roll Attorney No. 55798 IBP No. 0379645/01-15-18/RSM PTR No. 89526713/1-05-18 89526713/1-05-18/QC /QC MCLE Compliance No. IV-5698341/08-09-15 IV-5698341/08-09-15

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Republic of the Philippines) Quezon City ) S.S. VERIFICATION/CERTIFICATION

I, JUAN D. SANTOS, of legal age, Filipino Citizen after having  been duly sworn sworn to in accordance w with ith law, hereby depose and state tthat: hat: 1.  I am the Petitioner in the instant Petition. 2.  I have caused the preparation of the foregoing. 3.  I have read and understood the averments contained therein and I hereby affirm that the same are true and correct as of my own knowledge and based on authentic records. 4.  I hereby certify that I did not thereto commence any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, or any other tribunal or agency, and that if I would thereafter learn that a similar action or proceeding has been filed or is pending thereof, I undertake to report such fact within five (5) days therefrom to the court or agency wherein the original pleading and sworn certification contemplated herein have been filed. IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd  day of July 2018 at Quezon City. JUAN D. SANTOS

 Affiant SUBSCRIBED AND SWORN TO  before me this 2nd  day of July 2018 at Quezon City, affiant exhibiting to me his __________________ as competent evidence of his identity. NOTARY PUBLIC

Doc. No. 256; Page No. 25; Book No. III; Series of 2018

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