Petition For Correction of Entry

 

Republic of the Philippines REGIONAL TRIAL COURT 7th Judicial Region, Branch _____ Cebu City, Cebu

IN THE MATTER OF CHANGE OF NAME OF ANGELIQUE GRACE CALAMBA FROM ANGELIQUE GRACE CALAMBA MONDRAGON TO ANGELIQUE GRACE CALAMBA  AND CORRECTION OF ENTRIES IN DATE AND PLACE OF MARRIAGE OF PARENTS TO NOT APPLICABLE   AND CANCELLATION OF LATE REGISTRATION IN LOCAL CIVIL REGISTRAR OF CEBU CITY

ANGELIQUE GRACE CALAMBA,  Petitioner,

-versusOFFICE OF THE CITY CIVIL REGISTRAROF CEBU CITY and CARCAR CITY and ANTONIO JABINES MONDRAGON,   Respondents. x----------------------------------------------------x

PETITION  COMES NOW, Petitioner by the Undersigned Counsel, and to this Honorable Court, most respectfully states that: THE CASE

1.  The instant case is a petition for correction of entries in the  petitioner’s certificate of live birth seeking to correct the erroneous surname and entry in the fact of marriage of the petitioner’s biological  parents, seeking to cancel a late registration with the Office of the Civil Registrar of Cebu City; STATEMENT OF JURISDICTION

2.  Under Section 1, Rule 108, it is provided that any person interested in the correction or cancellation of entries recorded in the civil register, may file a verified petition with the Regional Trial Court of the province  where the corresponding civil registry is located;

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THE PARTIES

3.  Petitioner is of legal age, Filipino, single and a resident of Ramos, Cebu City while respondent is a public agency with office address at Office of the City Local Civil Registrar, City Health Building, General Maxilom, Cebu City, and the Local Civil Registrar of Carcar is also a public agency in Carcar, Cebu where it may be served with summons and other processes of this Honorable Court;

THE FACTS

4.  Petitioner was born on January 6, 1988 at Margarita Birthing Center, Carcar, Cebu to parents MIRASOL CUABO CALAMBA and ANTONIO JABINES MONDRAGON; 5.  Facts of her birth were registered with the Respondent Civil Registrar of Carcar, but through inadvertence, the name of the child entered therein was ANGELIQUE GRACE CALAMBA MONDRAGON, instead of the correct one which should have been ANGELIQUE GRACE CALAMBA. Attached herewith is the Certificate of Live Birth of the Petitioner issued by the National Statistics Office (NSO) under Registry  Number 88-0112 bearing multiple multiple erroneous entries marked marked as Annex “A”  and forms an integral part of this petition; 6.  The parents of the Petitioner were never married   and had no communication for almost twenty-eight (28) years already. Moreover, Petitioner was never acknowledged by her father as his daughter, attached herewith as Annex “B”  is the Certificate of No Marriage between MIRASOL CUABO CALAMBA and ANTONIO JABINES MONDRAGON issued by the NSO and Annex “C”  is the Affidavit of Mirasol Cua bo Calamba, Petitioner’s m mother; other;   7.  The true and correct entries should be the full name of the petitioner from ANGELIQUE GRACE CALAMBA MONDRAGON TO ANGELIQUE GRACE CALAMBA, the place and date of marriage of  parents of the petitioner from DECEMBER 28, 1987 to NOT APPLICABLE  based on the Petitioner’s Certificate of Baptism, hereto attached as Annex “D,”  Voter’s Registration Records hereto attached as Annex “E”, her Diploma hereto attached as Annex “F” and all forms an integral part of this Petition; 8.  Also sometime in 1992, Petitioner’s mother caused the late registration of her birth  before the Civil Registrar of Cebu City, registered under Registry No. 1992-1208 and is hereto attached as Annex an integral part of this petition; “H” and forms an integral

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9.  To avoid conflict and further discrepancies, Petitioner seeks the cancellation of the same; 10. Petitioner Petitioner has been continuously using the name ANGELIQUE GRACE CALAMBA since birth up to the present and she never used at any given time the name ANGELIQUE GRACE CALAMBA MONDRAGON  in all her dealings, personally in school, and in community and she is well known by such name as ANGELIQUE GRACE CALAMBA MONDRAGON  in her community or elsewhere. For this purpose, an “Affidavit of Two Disinterested Persons” is attached hereto and is made an integral part hereof as Annex “G”; 11. Petitioner had been unaware of the incorrect entries in her birth records for a considerable length of time, until lately, when she secured a copy of her Certificate of Live Birth from the National Statistics Office that she discovered the foregoing errors or discrepancie discrepancies. s.

PRAYER WHEREFORE, in view of the foregoing, it is respectfully prayed of this Honorable Court to issue an order DIRECTING the Office of the Civil Registrar of Carcar TO CORRECT  the entries of the subject Certificate of Live Birth in the following manner:

1.  Name of the Petitioner from ANGELIQUE GRACE CALAMBA MONDRAGON TO ANGELIQUE GRACE CALAMBA.   2.  Date and Place of Marriage from DECEMBER 28, 1987, CARCAR, CEBU to NOT APPLICABLE.  It is further prayed that the t he Honorable Court issue an Order directing the NSO TO ISSUE in favor of the petitioner a new and correct birth certificate bearing such correct name and to change to not applicable the date and place of marriage of parents in lieu of the erroneous ones to directing the Office of the Civil Registrar of Cebu City to CANCEL her late registration. Other reliefs deemed legal, just and equitable in the premises are likewise prayed for. Cebu City, Philippines March 15, 2016. RESPECTFULLY SUBMITTED.

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YAP DEGAMO MERINO SALAZAR PARADO LAW OFFICE Counsel for the Petitioner G/F GMC Plaza Building, Legaspi Extension corner M.J. Cuenco St., Cebu City, Philippines Tel No. (032) 4956587; Cel No. 09174773172 By:

SHENNA JANE PARADO Roll of Attorney No. 50072 PTR OR No. 78312; January 6, 2016; Cebu City IBP No. 99675; January 6, 2016; Cebu City E-mail:  paradoshenna@gm E-mail: [email protected] ail.com MCLE Compliance No. IV-0009

JESSICA YAP Roll of Attorney No. 50792 PTR OR No. 78945; January 6, 2016; Cebu City IBP No. 99879; January 6, 2016; Cebu City E-mail:  jessicayap@ E-mail: [email protected] gmail.com MCLE Compliance No. IV-0010

Copy furnished: Solicitor General Office of the Solicitor General 134 Amorsolo St., Legaspi Village Makati City, Philippines

The Office of the Local Civil Registrar Carcar City, Cebu, Philippines

The Office of the Local Civil Registrar Cebu City, Philippines City Health Building, General Maxilom, Cebu City  

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VERIFICATION & AFFIDAVIT OF NON-FORUM SHOPPING  I, Angelique Grace Calamba,  of legal age, Filipino, single and with a mailing address at Ramos, Cebu City Philippines, after having been duly sworn to in accordance with law do hereby depose and state, that: 1.  I have caused the preparation of the foregoing Petition; 2.  I have read the allegations therein and verify that the same are true and correct based on my own personal knowledge and/or on authentic records; 3.  I have not commenced any action or filed any claim involving the same or similar issues to any other court, tribunal or quasi-judicial agency, including the Court of Appeals and Supreme Court, or any division thereof, and to the  best of my knowledge, no such other action or claim is pending therein. If should learn hereafter that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days from such knowledge to this Honourable Court; 4.  I am executing this affidavit in order to attest to the truth of the foregoing; IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of March, 2016 at the City of Cebu, Ceb u, Philippines.

ANGELIQUE GRACE CALAMBA  Affiant SUBSCRIBED AND SWORN TO before me this 15th day of March 2016 at the City of Cebu, Philippines. Affiant exhibited to me his  __________________________ numbered as _________________________ __ _______________________ issued by by  _____________________ on _______________________ expiring on  __________________________.

ATTY. EUGENE V. AMORES Notary Public Notarial Commission Until December 31, 2018  

Doc. No.: ____________ Page No.:_____________ Book No.:____________ Series of 2016  2016 

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