REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 57
MAKATI CITY

IN RE: PETITION FOR

CORRECTION OF ENTRY OF
NAME & DATE OF BIRTH IN THE
BIRTH RECORD OF ANNABELL
MONFORTE BACANI

ANNABELL S. MONFORTE SP. PROC. NO. M-7204

BACANI,
Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF

PILI, CAMARINES SUR,
Respondent.
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REPUBLIC OF THE PHILIPPINES,

Oppositor.
x-----------------------------------------x

OPPOSITION WITH MOTION TO DISMISS

Oppositor REPUBLIC OF THE PHILIPPINES, through the Office of

the Solicitor General (OSG) respectfully states:

1. On 10 October 2011, the OSG received a copy of the

Honorable Court's Order dated 2 September 2011, with an attached

copy of the Petition dated 4 July 2011.

Opposition with Motion to Dismiss 2
Bacani vs. LCR Pili, Camarines Sur
Sp. Proc. No. M-7204
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2. As can be gleaned from the face of the petition, the same

was filed in the Regional Trial Court (RTC) of Makati City.

3. Rule 108, Section 1 of the Revised Rules of Court

provides:

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 Regional Trial Court of the province
where the corresponding civil registry is
located. (Emphasis Supplied)

4. From the foregoing provision of law, the venue of the

filing of a petition for correction of entry should be the RTC of the

province where the local civil registry is located.

5. In this case, the local civil registry which recorded the

birth of the petitioner is located in Pili, Camarines Sur. Hence, the

Opposition with Motion to Dismiss 3
Bacani vs. LCR Pili, Camarines Sur
Sp. Proc. No. M-7204
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petition should have been filed with the RTC of Camarines Sur.

6. Rule 16 Section 1 of the Revised Rules of Court provides

the grounds for a motion to dismiss. It states:

Section 1. Grounds. Within the time for

but before the filing of an answer to the
complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the
following grounds:
xxx

(c) That venue is improperly laid.

(Emphasis supplied.)

7. From the foregoing, it is clear that the venue of the

instant petition is improperly laid. Thus, the same should be

dismissed.

PRAYER

WHEREFORE, it is respectfully prayed that the Honorable

Court DISMISS the petition.

Respectfully submitted.

Makati City, 14 December 2011.

Opposition with Motion to Dismiss 4
Bacani vs. LCR Pili, Camarines Sur
Sp. Proc. No. M-7204
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JOSE ANSELMO I. CADIZ

Solicitor General
IBP Lifetime No. 02819/Roll No. 35072
MCLE Exemption No. III-000920

DEREK R. PUERTOLLANO
Assistant Solicitor General
IBP Lifetime No. 01927/Roll No. 36444
MCLE Compliance No. III-0003826

JASMIN D. QUIMSING
Associate Solicitor
IBP No. 844222/Roll No. 53498
MCLE Compliance No. III-0012755
OFFICE OF THE SOLICITOR GENERAL
134 Amorsolo St., Legaspi Village, Makati City
Email Address: docket@osg.gov.ph
Telephone No.: 812-7980

NOTICE AND REQUEST FOR HEARING

Atty. Elmar Jay Martin I. Dejaresco

Counsel for the Petitioner
G/F Coyuito House,
119 C. Palanca St.,
Legaspi Village, Makati City
Opposition with Motion to Dismiss 5
Bacani vs. LCR Pili, Camarines Sur
Sp. Proc. No. M-7204
x--------------------------------------------x

The Clerk of Court

RTC Branch 57
Makati City

Office of the City Prosecutor

Makati City

Greetings!

Please set the aforementioned Motion for the consideration of the Court on 2 January
2012 at 8:30 am. The City Prosecutor of Makati City is hereby authorized to appear
and argue this motion on behalf of the OSG.

JASMIN D. QUIMSING
Associate Solicitor
Copy Furnished:

Atty. Elmar Jay Martin I. Dejaresco

Counsel for the Petitioner
G/F Coyuito House
119 C. Palanca St.,
Legaspi Village, Makati City

EXPLANATION
(Pursuant to the 1997 Revised Rules of Civil Procedure)

The foregoing Opposition with Motion to Dismiss is being served through

registered mail, personal service being impracticable due to lack of personnel.

JASMIN D. QUIMSING
Associate Solicitor