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 of live birth was recorded, with address at the Tagaytay
City Hall, Tagaytay City, Cavite, where 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 giving
birth to the 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 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.

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 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.

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”).
10. Rule 108 of the 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 Court of First Instance of the province where
the corresponding civil registry is located.

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 Section 2. Entries subject to cancellation or correction.
– 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.”

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… are substantial and
controversial which can only be allowed after
appropriate adversary proceedings…”

Since respondent’s desired change affects his civil

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 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.
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 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 – that of Makati in the present case, and “all
persons who have or claim any interest which would be
affected thereby” should made parties to the
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 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 Street
Brgy. Laging Handa, Quezon City
Tel. No. 411-9188

JOSE L. BATUNGBAKAL
Roll Attorney No. 55798
IBP No. 0379645/01-15-18/RSM
PTR No. 89526713/1-05-18/QC
MCLE Compliance No. 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 to in accordance with law, hereby depose and state that:

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 2nd

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