REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7th JUDICIAL REGION BRANCH 61 BOGO CITY
IN THE MATTER OF CANCELLATION OF THE CERTIFICATE OF LIVE BIRTH WITH REGISTRY NO. 2051 IN THE CIVIL REGISTRY
GLADYS CATA LUÑA De la FUENTE Petitioner, Sp. Proc No. ________ -versus-
THE LOCAL CIVIL REGISTRY Respondent
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PETITION
COMES NOW, Petitioner, by the undersigned counsel and unto this Honorable Court most respectfully alleges :
1. That petitioner is of legal age, married to Isaiah De la Fuente, with residence located at Cantibhang, Lower Pakigne, Minglanila, Cebu where it may be served with summons and other legal process ; 2. That respondent is the Municipal Civil Registrar and the officer-incharge, among others with the officials records/documents registered in the Municipality of Daanbantayan particularly certificates of live-birth and marriage contracts the office of which is located in the Local Civil Registry, Municipality of Daanbantayan, where it may be served with summons and other legal processes ; 3. The petitioner’s parents, namely Pedro Sernal Cataluña and Cleopatra Batiancila Jumantoc were married on April 10, 1957 in the Municipality of Sta. Fe, Cebu. A copy of their Marriage Contract is hereto attached as “Annex A”; 4. That petitioner was born at the Municipality of Daanbantayan, Cebu.
5. That in her (petitioner) Certificate of Live Birth with Registry No. 2053, her place of birth was erroneously entered as “ Kinatarcan, Sta. Fe instead of “Daanbantayan, Cebu”; her full name was also erroneously entered as “Gladys Jumantoc Catalunia” instead of “Gladys Jumantoc Cataluña”; her date of birth was written in figures as “7 30 75” instead of July 30, 1975 ; her father’s full name was erroneously entered as “Pedro Cernal Catalunia” instead of “Pedro Sernal Cataluña ; her mother’s maiden name was misspelled when entered as “Jumantuc” instead of “Jumantoc; her parents date and place of marriage was erroneously entered as “ March 10, 1957/ Sta.Fe , Bantayan, Cebu when in truth and in fact it is April 10 1957/ Sta. Fe, Cebu. A copy of the petitioner’s 2
Certificate of Live Birth with Registry No. 2053 is hereto attached as “Annex B ; 6. That the petitioner, upon learning of the erroneous entries in her Certificate of Live Birth, filed a Petition for Correction of Clerical ErrorS in the Certificate of Live Birth with Registry No.2053 at the Office of the Municipal Civil Registrar in the Municipality of Daanbantayan dated 12 March 2010. A copy of the Petition for Correction of Clerical Errors in the Certificate of Live Birth with Registry No. 2053 is hereto attached as “Annex C ; 7. That the Municipal Civil Registrar of the Local Civil Registry of Daanbantayan in the person of Leandro P. Tohay, granted the petition filed by the petitioner on 23 February 2010. A copy of the action taken by the Municipal Civil Registrar of Daanbantayan is hereto attached as “Annex D ; 8. That the decision of the Municipal Civil Registrar was affirmed by the Civil Registrar General Carmelita N. Ericta in an order dated 18 March 2010. A copy of the action taken by the Civil Registrar General is hereto attached as “Annex E ; 9. That petitioner was later informed that the correction of entries on her Certificate of Live Birth with Registry No. 2053 she sought on her petition cannot successfully be changed since the registry record of the Municipal Civil Registrar of Daanbantayan shows that there is another Certificate of Live Birth with Registry No. 2051 which bears the same entry as the Certificate of Live Birth where the petitioner intends to change and it appears that there is ,indeed, two Certificates of Live Birth entered on the records of the Municipal Civil Registrar of Daanbantayan for the petitioner. A copy the other Certificate of Live Birth of the petitioner with Registry No. 2051 is hereto attached as “Annex F ; 10. That petitioners Petition for Correction of Clerical Errors in the Certificate of Live Birth with Registry No. 2053 remains unprocessed unless the Certificate of Live Birth with Registry No. 2051 is cancelled. WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the instant petition be GRANTED, that the petitioner Certificate of Live Birth with Registry No. 2051 be cancelled.
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Other reliefs and remedies available under the premises are likewise prayed for.
26 May 2015. Cebu City for the City of Bogo.
RESPECTFULLY SUBMITTED.
LOON CORPUZ PATIÑO AND ASSOCIATES (Counsel of the Accused) G/F GMC Plaza Bldg. Legaspi Extension corner M.J Cuenco St, Cebu City, Philippines Tel No. (032) 254-0453; Cel No. 09178180767
By:
JURIL B. PATIÑO Roll of Attorney No. 63966 April 27,2015 PTR OR No. 707854 5-06-15 IBP OR No. 0997508 4-27-15 Cebu City Chapter MCLE COMPLIANCE No. Exempt-New Passer Email add:
[email protected]
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VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Gladys Cataluña De la Fuente of legal age, married, with residence located at Cantibhang, Lower Pakigne, Minglanilla, Cebu, Philippines, after being sworn to in accordance with law, do hereby deposes and states :
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That I am the petitioner in the above-captioned case ;
2.
That I have caused the preparation and filing of this petition ;
3. That I have read the contents thereof and that the same true correct to the best of my personal knowledge or based on authentic records ; 4. That I further states : a. That we have not theretofore commenced any action of any claim involving the same issues in any court, tribunal, or quasi-judicial agency and to the best of my knowledge, no such other action or claim is pending therein ;
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b. If there is such other pending action or claim, a complete statement of the present status thereof ; and c. If we should thereafter learn that the same or similar action or claim has been filed or is pending, we shall report the fact within five (5) days therefrom to the court wherein our aforesaid complaint or initiatory pleading has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 26 th of May 2015 at Cebu City, Philippines.
GLADYS CATALUÑA DE LA FUENTE Affiant
SUBSCRIBED AND SWORN to before me this ______________ in Cebu City, Philippines, by GLADYS CATALUÑA De La FUENTE, who has satisfactorily proven her identity tome through her____________ No.________________ issued at _________________________, issued on _______________ and valid until ________________________ who is the same person who personally signed before me the foregoing Verification and Certification Against Forum Shopping and acknowledge that they executed the same.
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