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REPUBLIC OF THE PHILIPPINES


FIRST JUDICIAL REGION

REGIONAL TRIAL COURT


Baguio City
Branch 3
IN THE MATTER OF THE CORRECTION OF ENTRIES AND
CHANGE OF SURNAME UNDER REGISTRY NO. 2004-112 IN
THE CERTIFICATE OF LIVE BIRTH OF JONGGO LLOYD TATUM,
a.k.a., JONGGO LLOYD TATUM MARTINEZ, PARTICULARLY
ENTRIES NUMBER 2-C, 3, 7, 8, 9, 11-A, 24, AND 23.
JONGGO LLOYD TATUM (minor),
represented
by
his
mother
DIVINA TATUM
Petitioner,
-versus-

SP. PROC. CASE

NO. 6541
For: Correction of
Entries
under Rule 108 and
Change
of
Surname
under Rule 103 of the
Revised Rules of Court
DOMINGO LLOYD MARTINEZ, LOCAL
CIVIL REGISTRAR OF BAGUIO CITY,
PHILIPPINE STATISTICS AUTHORITY,
and
the
REPUBLIC
OF
THE
PHILIPPINES, represented by the
OFFICE
OF
THE
SOLICITOR
GENERAL,
Respondents.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF DIVINA TATUM
I, Divina Munsayac Tatum, of legal age, single, and a resident
of 8-D Private Road, Magsaysay Avenue, Baguio City, legal
representative and biological mother of petitioner in this case,
state under oath the following:
PRELIMINARY STATEMENT

The person examining me is Atty. Jan Michael G. Limmayog with


address at Barrako Law Offices, 69 Bokawkan Road, Brgy. Dizon
Subdivision, Baguio City. The examination is being held at the
same address. I am answering his questions fully conscious that I
do so under oath and may face criminal liability for false
testimony and perjury. Moreover, I attest that the copies or
reproductions attached to my affidavit are faithful copies or
reproductions of the original.
PURPOSE: This affidavit of Divina Tatum is being offered to prove
that the Certificate of Live Birth under Registry No. 2004112 of her minor son Jonggo Lloyd Tatum (aka Jonggo Lloyd Tatum
Martinez), petitioner in this case, contains substantial errors
necessitating correction and change, specifically on entries
concerning his parentage, surname, legitimacy, and other details.
On these points, Divina Tatum will prove that:
1. She is presently unmarried, and was never married to
private respondent Domingo Lloyd Martinez. As such, Entry
Number 24 regarding the date and place of marriage is
erroneous as no such event ever took place;
2. The paternity of petitioner is unknown. Hence, the entries
pertaining to the father of the child in the Certificate of Live
Birth, particularly Entries Number 7, 8, 9, and 11-a are
uncertain and thus inaccurate;
3. Petitioners surname is Tatum and not Martinez under
Entry Number 3;
4. Petitioner has an illegitimate status under Entry Number
23;
5. Her residence was and has always been at 8-D Private Road,
Magsaysay Avenue, Baguio City and not at Roman Ayson
Road, 12 Sixto Gaerlan St., Baguio City, as is seen in Entry
Number 2-c.
Divina Tatums testimony is also offered to prove the legal basis
for the correction of the entries and change of surname in the
Certificate of Live Birth of herein petitioner, the same containing
substantial errors.
1. Q. For the record, please state your name and personal
circumstances.

A. My name is Divina Munsayac Tatum, 34 years old, Single,


and a resident of 8-D Private Road, Magsaysay Avenue,
Baguio City
2.

3.

Q.
Are you the same Divina Tatum,
representative of the petitioner in this case?
A.
Yes, I am.

the

legal

Q.
Do you know a certain Atty. Domingo Lloyd
Martinez?
A. Yes. He is my ex-boyfriend.

4. Q. Is he the same Domingo Lloyd Martinez named as the


private respondent?
A. Yes, he is.

5. Q. How did you meet him?


A. I met him at EX University when I was a graduating
student. I was 18 years old then. He was my professor in
one of my subjects.
6.

Q.
And how old were you when he became your
boyfriend?
A. I was 19 years old when I agreed to be his girlfriend.

7. Q. Excuse me for asking, but have you had sexual


intercourse with him?
A. Yes, on several occasions. It started when he was courting
me, but our sexual relations stopped when I broke up with
him.
8.

Q. During the existence of your relationship with the


private respondent, have you had any sexual relations
with other men?
A. Yes. As ashamed as I am to admit, Ive had multiple sexual
partners at that time.

9. Q. How many times did you get pregnant?


A. I got pregnant just once.
10. Q. When and how did you find out that you were pregnant?
A. I was experiencing nausea and vomiting, and I also
stopped menstruating for 3 months, so I went to an OBGyn clinic and had a pregnancy test. The test showed a
positive result. I was 20 years old back then, just after my
graduation.

11. Q. Did your ex-boyfriend know about your pregnancy at that


time?
A. Yes, he did. I told him about it. He felt really elated
because he believed that it was his child. However, I
admitted to him that I have been unfaithful to him and
that I have been highly promiscuous during our
relationship.
12. Q. How did he react to that?
A. He was very sad and angry. However, he still forgave me
for it and wanted to take responsibility for the child. He
then asked me to marry him.
13. Q. How did you react to that?
A. Because of my shame, guilt, and pride, I refused to marry
him and decided to break up with him. I felt like I did not
deserve such a man as him.
14. Q. So you never got married to him or anyone?
A. Never.
15. Q. What proof do you have for what you say?
A. I obtained a Certificate of No Marriage from NSO Baguio
City in 2014.
16. Q. Is this the document you are referring to? (Shows the copy
of the Certificate of No Marriage)
A. Yes. That is the copy issued to me by NSO Baguio City.
17. Q. I am marking this Certificate of No Marriage as Exhibit
____ and attaching it to your Judicial Affidavit. Do you
confirm my action?
A. Yes.
18. Q.

When you gave birth to your son, did you and private
respondent both assume that the latter was the father of
the child?
A. No, because I made it clear between us that the father
of the child is unknown and that we are not to give my son
the impression that Domingo is his father.

19. Q. Havent you applied for your sons registration with the
Local Civil Registry right after he was born?
A. No, I forgot. However, I was about to apply for it when my
son was 2 years old. But then, Domingo told me that he

already had the child registered with the Local Civil


Registry of Baguio City.
20.

Q. Did you try to verify this?


A. Yes. I went to the Local Civil Registrar and made an
inquiry. Thereafter, I went to the NSO and was given a
copy of my sons Certificate of Live Birth.

21. Q. Is this the Certificate of Live Birth that you are referring to
earlier? (Shows the copy of the Certificate of Live Birth)
A. Yes.
22. Q. I am marking this Certificate of Live Birth as Exhibit
____ and attaching it to your Judicial Affidavit. Do you
confirm my action?
A.Yes.
23.

Q. Are you saying that there are inaccuracies in your sons


Certificate of Live Birth which need to be corrected?
A.Yes.

24. Q. Could you specifically point out in this Certificate of Live


Birth the errors that need to be corrected?
A. Yes. Entry 2-c on Mothers Residence. Entry 3 on Childs
Name. Entry 7 on Fathers Name. Entry 8 on Fathers
Nationality. Entry 9 on the Age of the Father at the time of
birth of the child. Entry 11-a on the Occupation of the
Father. Entry 24 on the Date and Place of Marriage of
Parents of the Child. And Entry 23 on legitimacy.

25. Q. I am marking the respective entries in the Certificate of


Live Birth as Exhibits ___-1 for Entry 2-c, ___-2 for
Entry 3, ___-3 for Entry 7, ___-4 for Entry 8, ___-5
for Entry 9, ___-6 for Entry 11-a, ___-7 for Entry 24,
and ___-8 for Entry 23. Do you confirm?
A. Yes, I confirm.
26. Q. Do you have any other proof that you are a resident of 8-D
Private Road, Magsaysay Avenue, Baguio City and not at
Roman Ayson Road, 12 Sixto Gaerlan St., Baguio City?
A. Yes. My Voters ID issued by the COMELEC and my
Barangay Residency Certificate all show that Ive always
been a resident of 8-D Private Road, Magsaysay Avenue,
Baguio City.
27. Q. Is this your Voters ID? (Shows petitioners Voters ID).

A. Yes it is.
28. Q. I am marking this Voters ID as Exhibit ____.
confirm?
A. Yes.

Do you

29. Q. Is this your Certificate of Residency from your Barangay?


(Shows Divina Tatums Barangay Residency Certificate)
A. Yes it is.
30. Q. I am marking this Certificate of Residency from your
Barangay as Exhibit ___. Do you confirm?
A. Yes.
31. Q. Can you prove that your son, herein petitioner, has been a
resident of Baguio City for the past 3 years prior to the
filing of the petition?
A. Yes. With my sons Certificate of Residency from our
Barangay.
32. Q. Is this the petitioners Certificate of Residency from your
Barangay? (Shows petitioners Barangay Residency
Certificate)
A. Yes it is.
33. Q. I am marking this Certificate of Residency from your
Barangay as Exhibit ___. Do you confirm?
A. Yes.
34. Q. Do you have proof to show that petitioner has always used
the surname Tatum, and not Martinez?
A. Yes, I have several.
First, my sons Certificate of
Residency from our Barangay clearly states that he has
always been known to bear the surname Tatum and not
Martinez. Second, my sons most recent school records,
namely his last enrollment certificate and certificate of
graduation clearly state his name as Jonggo Lloyd Tatum.
35. Q. Is this the entry on petitioners Barangay Residency
Certificate which you are referring to? (Points at the
second paragraph of the Barangay Residency Certificate
of petitioner)
A. Yes, exactly.
36. Q. I am marking this paragraph herein as Exhibit ___-1. Do
you confirm?
A. Yes.

37. Q. Are these the school records issued by Kalalaingan


Elementary School, a public school, which you were
referring to earlier? (Shows the Certificate of Enrollment
and Certificate of Graduation)
A. Yes.
38. Q. I am marking these respectively as Exhibits ____ and
____. Do you confirm?
A. Yes.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day


of January 2016 at Baguio City.

Divina Munsayac Tatum


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and


for the City of Baguio this 25th day of January 2016. Affiant
personally came and appeared with PRC ID License No.
118842345 issued by the Professional Regulation Commission on
January 12, 2013 at Baguio City, bearing her photograph and
signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said
instrument.

Atty. Lavignia Z. Natik-ulan


Notary Public
Baguio City
Roll No, 43232
IBP No. 176199 05-11-2015 Baguio
City
PTR No. 6112345 0-15-2015 Baguio
City
MCLE Comp Cert. No. 777813 0805-2015
Doc. No. __________
Page No. _________
Book No. _________
Series 2013

ATTESTATION
I, JAN MICHAEL G. LIMMAYOG of legal age, Filipino, single,
with office address at Barrako Law Offices, 69 Bokawkan Road,
Brgy. Dizon Subdivision, Baguio City, on oath depose and state
that:
1. I was the lawyer who conducted the examination of the
witness DIVINA MUNSAYAC TATUM at my aforementioned
office in Baguio City;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. I nor any other person then present or assisting her coached
the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day


of January 2016 at the City of Baguio.

ATTY. JAN MICHAEL G. LIMMAYOG


SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and
for the City of Baguio this 25th day of January 2016. Affiant
personally came and appeared with PRC ID License No. 16171819
issued by the Professional Regulation Commission on December
8, 2013 at Baguio City, bearing his photograph and signature,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.

Atty. Lavignia Z. Natik-ulan


Notary Public
Baguio City
Roll No, 43232
IBP No. 176199 05-11-2015 Baguio
City
PTR No. 6112345 0-15-2015 Baguio
City
MCLE Comp Cert. No. 777813 0805-2015
Doc. No. __________
Page No. _________
Book No. _________
Series 2016
Copy furnished:
Domingo Lloyd Martinez

Civil Registrar of Baguio City

Civil Registrar General of the Philippine Statistics Authority

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Solicitor General

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EXHIBIT ____

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EXHIBIT ____

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EXHIBIT ___

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EXHIBIT ____
Republic of the Philippines
Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines

CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE


To whom it may concern:
THIS IS TO CERTIFY that Ms. Divna Munsayac Tatum, 34 years old, single, is a
bona fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio
City.
As per records in this office on the implementation of P.D. 1508 otherwise known
as Katarungang Pambarangay Law, and other existing laws, rules and
regulations, and ordinances, no case was filed against her.
THIS CERTIFIES FURTHER, that she is known as a person of good moral
character.
THIS CERTIFICATION is being issued to support her request for the correction of
entries in the Certificate of Live Birth of her minor son Jonggo Lloyd Tatum and
for such purpose only.
THIS CERTFICATION is issued in accordance to the implementation of the
provision of the Local Government Code of 1991 and for whatever legal purpose it
may serve best.
SIGNED AND ISSUED this 25 th day of January, 2015 at Barangay Private Road,
Baguio City.

MARSE A. HUMALIMAW
Punong Barangay

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EXHIBIT ____
Republic of the Philippines
Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines

CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE


To whom it may concern:
THIS IS TO CERTIFY that Jonggo Lloyd Tatum, 12 years old, is a bona fide
resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City, and has
been a resident thereof continuously and uninterruptedly since the time of his birth.
THIS CERTIFIES FURTHER, that he is known as a person of good moral
character, and that he has always been known to bear the surname Tatum, and
not Martinez.
THIS CERTIFICATION is being issued to support his petition for the correction of
entries and change of name in his Certificate of Live Birth and for such purpose
only.
THIS CERTFICATION is issued in accordance to the implementation of the
provision of the Local Government Code of 1991 and for whatever legal purpose it
may serve best.
SIGNED AND ISSUED this 55 th day of January, 2015 at Barangay Private Road,
Baguio City.

MARSE A. HUMALIMAW
Punong Barangay

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EXHIBIT ____

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EXHIBIT ____

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