Republic of the Philippines

REGIONAL TRIAL COURT

SECOND JUDICIAL REGION
BRANCH 14
Lagawe, Ifugao

IN RE: PETITION FOR SPEC. PROC. NO. 504

CORRECTION OF THE ENTRIES
IN THE CERTIFICATE OF LIVE BIRTH
CRUZALDO LIWAYAN

CRUZALDO LIWAYAN,
Petitioner,

-versus-

THE LOCAL CIVIL REGISTRY

OF LAGAWE, IFUGAO,
Respondent.
X -- - - - - - - - - - - - - - - - - - - - - - x

TRANSCRIPT OF THE RECEPTION OF EVIDENCE TAKEN ON MARCH 6,

2007 BEFORE THE COURT APPOINTED COMMISSIONER, ATTY. PASCUAL

KIMAYONG, JR.

PRESENT:

ATTY. PASCUAL KIMAYONG, JR. – Court Appointed

COMMISSIONER:

MRS. MARLYN BINWAG - Court Stenographer

APPEARANCES:

ATTY. MARIBAS B. LUBITON-HABAWEL – Counsel for Petitioner

ATTY. JOSEPH TUMAPANG – Appearing on behalf of the Solicitor

General

ROSALINA KALAHI LIWAYAN, after having been duly sworn to in

accordance with law testified as follows:

COURT:

Q. Please state your name, age and other personal circumstances

R. I’m Rosalina K. Liwayan, of legal age, married and a resident of

Poblacion, Hingyon, Ifugao, Philippines.

ATTY. HABAWEL:

With permission of the Honorable Commissioner

COMMISSIONER:
 You may proceed.

DIRECT – EXAMINATION BY ATTY. HABAWEL

ATTY. HABAWEL:

We offer the testimony of our witness who is the mother of the petitioner

in this case who would testify that she is the daughter of Kalahi Bagan-ne

hence the middle name of her son should be Kalahi and not Bagan-ne and that

her son, the petitioner in this case was born on May 21, 1973 and not on May

22, 1973. She will also testify to other matters relevant to this case.

Q. Madam witness, who are you in relation to the petitioner in this case?

R. I am the mother of the petitioner.

Q. Will you please tell this Honorable Court who is your father?

R. Kalahi Bagan-ne.

Q. What surname have you been using prior to your marriage?

R. Kalahi madam.

Q. So that in that case madam witness, what should be the middle name of

your son?

R. It should be Kalahi and not Bagan-ne.

Q. Being the biological mother of petitioner, will you please testify as to the

date your son Cruzaldo was born?

R. He was born on May 21, 1973 in Hingyon, Ifugao.

Q. Are you very sure about that fact madam witness?

R. Yes madam.

ATTY. HABAWEL: We are through with the witness.

COMMISSIONER: Any cross examination.

FISCAL TUMAPANG: No cross examination.

CERTIFIED CORRECT:

MARLYN B. ANANAYO
Stenographer
 Republic of the Philippines
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 14
Lagawe, Ifugao

IN RE: PETITION FOR SPEC. PROC. NO. 513

CORRECTION OF THE
CERTIFICATE OF LIVE BIRTH
OF JOHNVIR LINGDIS PAGADDUT,
Petitioner,
Rep. by Johny Pagaddut,

-versus-

THE LOCAL CIVIL REGISTRY

OF HINGYON, IFUGAO AND NSO,
Respondent.
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TRANSCRIPT OF THE RECEPTION OF EVIDENCE TAKEN ON AUG. 3,

2007 BEFORE THE COURT APPOINTED COMMISSIONER, ATTY. PASCUAL

KIMAYONG, JR.

PRESENT:

ATTY. PASCUAL KIMAYONG, JR. – Court Appointed

COMMISSIONER:

MRS. MARLYN A.BINWAG - Court Stenographer

APPEARANCES:

ATTY. MARIBAS LUBITON-HABAWEL – Counsel for Petitioner

ATTY. JOSEPH TUMAPANG – Appearing in behalf of the Solicitor

General

JOHNY PAGADDUT, after having been duly sworn to in

accordance with law testified as follows:

COURT:

Q. Please state your name, age and other personal circumstances

A. I’m Johny Pagaddut, of legal age, married and a resident of

Namulditan, Hingyon, Ifugao, Philippines.

ATTY. HABAWEL:

With permission of the Honorable Commissioner

COMMISSIONER:

You may proceed.

DIRECT – EXAMINATION BY ATTY. HABAWEL

ATTY. HABAWEL:

We offer the testimony of our witness who is the father of the petitioner

in this case who would testify that his son minor Johnvir L. Pagaddut was born

on December 7, 2000 and not December 7, 2001. That Johnvir is already in

Grade 1 at present, being six years of age now and not five years old as

reflected by the erroneous entry regarding his year of birth. He will also testify

to other matters relevant to this case. He now prays for the correction of the

abovementioned error, hence this petition.

Q. Sir Witness, who are you in relation to the petitioner in this case?

A. I am the father of the petitioner.

Q. Being the father of Johnvir, will you please tell this Court when was

he born?

A. He was born on December 7, 2000.

Q. You stated in your petition that the year regarding the birth of Johnvir

is erroneous, do you have a copy of his Certificate of Live Birth?

A. Yes madam I gave it to my counsel.

Q. I have here with me a document which purport to be a birth

certificate, is this the birth certificate which you said you gave to your counsel?

A. Yes, Madam.

Q. It is stated here that Johnvir was born on December 7, 2001 and that

you said that it is erroneous. What should be the correct entry?

A. It should be December 7, 2000 madam.

ATTY. HABAWEL:

At this juncture, may we have the Petition be marked as Exhibit “A”, the

Certificate of Live Birth be marked as Exhibit “A-1”,

Erroneous entry of Johnvir’s year of birth be marked as Exhibit “A-2”.

COMMISSIONER: Mark them.

ATTY. HABAWEL: May we also mark the following please.

Order of Publication be marked as Exhibit “B”;

 Registry Receipt mailed to the Office of the Solicitor General be marked

as Exhibit “C”;

Acknowledgment receipt of the Local Civil Registrar of Hingyon, Ifugao be

marked as Exhibit “D”;

Acknowledgment Receipt of the Office of the Provincial Prosecutor be

marked as Exhibit “E”;

Affidavit of Publication of MRS. JUNIDA C. DOMINGO, publisher of High

Plains be marked as Exhibit “F”;

Signature of Mrs. Junida C. Domingo be marked as Exhibit “F-1”;

Newspaper Clipping dated June 17, 2007 as Exhibit “G” and cut-out as

Exhibit “G-1”;

Newspaper Clipping dated June 24, 2007 as Exhibit “H” and its cut-out

be marked as Exhibit “H-1”

Newspaper clipping dated July 1, 2007 as Exhibit “I” and its cut-out be

marked as Exhibit “I-1”

Acknowledgment receipt by the Local Civil Registrar of Hingyon of the

Order setting the case for hearing on August 1, 2007 be marked as Exhibit “J”;

Acknowledgment receipt by the Office of the Provincial Prosecutor setting

the case for hearing on August 1, 2007 be marked as Exhibit “K”;

Deputization of the Office of the Provincial Prosecutor by the Office

of the Solicitor General be marked as Exhibit “L”;

COMMISSIONER: Make the necessary markings.

Q. Mr. Witness, may we know what grade in school is Johnvir now?

A. He is already a grade 1 pupil at the Namulditan Elementary School at

Namulditan, Hingyon, Ifugao?

Q. Sir Witness, after testifying to show to this Honorable Court that you

don’t have any fault on the matter, what do you want the court to grant

as a relief?

A. I pray to the Honorable Court to issue an Order for the correction of the

erroneous entry regarding the year of birth of my son Johnvir from 2001

to 2000 in her Certificate of Live Birth.

ATTY. HABAWEL: We are through with the witness.

COMMISSIONER: Any cross examination.

FISCAL TUMAPANG: No cross examination

COMMISSIONER: Formal Offer Atty. Habawel?

ATTY. HABAWEL: We would like to formally offer Exhibits “A-L” to prove

compliance with the jurisdictional requirements. We offer Exhibits “A-1”, “A-

2” are offered to show that the birth certificate of petitioner is erroneous. We

are now submitting this case for the resolution of the Honorable Court.

COMMISSIONER: Any comment.

FISCAL TUMAPANG: No objections to the formal offer, your honor.

COMMISSIONER: With the testimony of the petitioner, as well as the

documentary evidence of the petitioner and considering that Fiscal Tumapang

did not object to the formal offer of evidence made by petitioner, this case is

hereby deemed submitted for resolution.

CERTIFIED CORRECT:

MARLYN A. BINWAG
Stenographer
 Republic of the Philippines
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 14
Lagawe, Ifugao

IN RE: PETITION FOR SPEC. PRO. NO. 526

CORRECTION OF THE
CERTIFICATE OF LIVE BIRTH
OF CRUZALDO LIWAYAN,

CRUZALDO LIWAYAN,
Petitioner,

-versus-

THE LOCAL CIVIL REGISTRY

OF LAGAWE, IFUGAO,
Respondent.
X -- - - - - - - - - - - - - - - - - - - - - - x

TRANSCRIPT OF THE RECEPTION OF EVIDENCE TAKEN ON

NOVEMBER 15, 2007 BEFORE THE COURT APPOINTED

COMMISSIONER, ATTY. PASCUAL KIMAYONG, JR.

PRESENT:

ATTY. PASCUAL KIMAYONG, JR. – Court Appointed

COMMISSIONER:

MRS. MARLYN A. BINWAG - Court Stenographer

APPEARANCES:

ATTY. MARIBAS LUBITON-HABAWEL – Counsel for

Petitioner

ATTY. JOSEPH TUMAPANG – Appearing in behalf of the

Solicitor General

CRUZALDO LIWAYAN, after having been duly sworn to in

accordance with law testified as follows:

COURT:

Q. Please state your name, age and other personal circumstances

 R. I’m Cruzaldo Liwayan, of legal age, married and a resident of

Poblacion East, Lagawe,Ifugao, Philippines.

ATTY. HABAWEL:

With permission of the Honorable Commissioner

COMMISSIONER:

You may proceed.

DIRECT – EXAMINATION BY ATTY. HABAWEL

ATTY. HABAWEL:

We offer the testimony of our witness who is the petitioner in this

case who would testify that he was born on May 21, 1993 and not May

22, 1993 as indicated in his Certificate of Live Birth and that his middle

name should be Kalahi and not Bagan-ne and that his mother’s maiden

name should be Kalahi and not Bagan-ne.

Q. Mr. Witness, who are you in relation to the petitioner in this

case?

R. I am the petitioner.

Q. In your petition you claim that you are born on May 21, 1973,

your mother’s maiden name from Bagan-ne to Kalahi therefore your

middle name is Kalahi and not Bagan-ne, do you have any documents

with you to prove your claim?

R. I gave them to my counsel.

Q. I have here with me a document which purport to be a birth

certificate, is this the birth certificate which you said you gave to your

counsel?

R. Yes, Madam.

ATTY. HABAWEL:

Your honor please before we proceed, may we have the Petition of

the Petitioner be marked as Exhibit “A”, the Certificate of Live Birth from

the Local Civil Regfistrar of Lagawe, Ifugao be marked as Exhibit “A-1”,

 Erroneous entry of petitioner’s date of birth, petitioner’s middle

name and his mother’s maiden name in his Certificate of Live Birth be

marked as Exhibit “A-2”, “A-3”, “A-4”;

Order of Publication be marked as Exhibit “B”,

Registry Receipt mailed to the Office of the Solicitor General be

marked as Exhibit “C”

Acknowledgment receipt of the Local Civil Registrar of Lagawe,

Ifugao be marked as Exhibit “D”

Acknowledgment Receipt of the Office of the Provincial Prosecutor

be marked as Exhibit “E”

Affidavit of Publication of Antonio Pekas, publisher of Zigzag

Weekly be marked as Exhibit “F”

Signature of Mr. Aloysius F. Matib be marked as Exhibit “F-1”

Newspaper Clipping of High Plains dated September 9, 2007 as

Exhibit “G” and cut-out as Exhibit “G-1”,

Newspaper Clipping dated September 16, 2007 as Exhibit “H” and

its cut-out be marked as Exhibit “H-1”

Newspaper clipping dated September 23, 2007as Exhibit “I” and its

cut-out be marked as Exhibit “I-1”

Deputization of the Office of the Provincial Prosecutor by the Office

of the Solicitor General be marked as Exhibit “J”.

COMMISSIONER: Make the necessary markings.

Q. In this Certificate of Live Birth which we marked as Exhibit “A-1”,

which portion of the Certificate was erroneous?

R. The portion no. 1 whereby his middle name was entered as Bagan-ne

instead of the true and correct one which is KALAHI, portion No. 3

wherein his date of birth was entered as May 22, 1973 instead of May

21, 1973, portion no. 6 wherein his mother’s maiden name was entered

as Bagan-ne instead of the correct name which is KALAHI.

Q. Do you have any document evidencing your claims?

R. Yes madam, I have here my Transcript of Records issued by the

University of Baguio, Baguio City, my diploma., my Senior Police Officer

Eligibility issued by NAPOLCOM;

ATTY. HABAWEL: May we have the Transcript of Records be marked as

Exhibit “K-2”, Diploma be marked as Exhibit “K-3”, and Senior Police

Officer Eligibility as Exhibit “K-4”.

COMMISSIONER: Mark it.

Q. Mr. Witness, after testifying to show to this Honorable Court that

you don’t have any fault on the matter, what do you want the

court to grant as a relief?

R. I pray to the Honorable Court to issue an Order for the correction of

my Certificate of Live Birth in portion no. 1 whereby my middle name

was entered as Bagan-ne instead of the true name which KALAHI,

portion No. 3 wherein my date of birth was entered as May 22,

1973 instead of May 21, 1973, and portion no. 6 wherein his

mother’s maiden name was entered as Bagan-ne instead of the

correct name which is KALAHI.

ATTY. HABAWEL: We are through with the witness.

COMMISSIONER: Any cross examination.

FISCAL TUMAPANG: No cross examination

COMMISSIONER: Formal Offer Atty. Habawel?

ATTY. HABAWEL: We would like to formally offer Exhibits “A-K” and its

sub-markings to prove compliance with the jurisdictional

requirements. We offer Exhibit “A-1” and “A-2” are offered to show

that the birth certificate of petitioner is erroneous. We are now

submitting this case for resolution of the Honorable Court.

COMMISSIONER: Any comment.

FISCAL TUMAPANG: No objections to the formal offer, your honor.

COMMISSIONER: With the testimony of the petitioner, CRUZALDO

LIWAYAN as well as the documentary evidence of the petitioner and

considering that Fiscal Tumapang did not object to the formal offer

of evidence made by petitioner, this case is hereby deemed

submitted for resolution.

CERTIFIED CORRECT:

MARLYN A. BINWAG
Stenographer
 Republic of the Philippines
REGIONAL TRIAL COURT
SECOND JUDICIAL REGION
BRANCH 14
Lagawe, Ifugao

IN RE: PETITION FOR THE ISSUANCE LRC. NO. 165

OF NEW OWNER’S DUPLICATE COPY OF
ORIGINAL CERTIFICATE OF TITLE
P-1818 and TRANSFER CERTIFICATE OF
TITLE NO. T-153 (CLOA)
DOMINGA H. NAYAHANGAN,
Petitioner,
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TRANSCRIPT OF THE RECEPTION OF EVIDENCE TAKEN ON

MARCH 9, 2007 BEFORE THE COURT APPOINTED COMMISSIONER,

ATTY. PASCUAL KIMAYONG, JR.

PRESENT:

ATTY. PASCUAL KIMAYONG, JR. – Court Appointed

COMMISSIONER:

MRS. MARLYN ANANAYO - Court Stenographer

APPEARANCES:

ATTY. MARIBAS LUBITON-HABAWEL – Counsel for

Petitioner

ATTY. JOSEPH TUMAPANG – Appearing in behalf of the

Solicitor General
 DOMINGA H. NAYAHANGAN, after having been duly sworn

to in accordance with law testified as follows:

COURT:

Q. Please state your name, age and other personal circumstances

R. I’m Dominga H. Nayahangan, 57 years old, married and a

resident of Pawikan St., Poblacion East, Lagawe, Ifugao, Philippines.

ATTY. HABAWEL:

With permission of the Honorable Commissioner

COMMISSIONER:

You may proceed.

DIRECT – EXAMINATION BY ATTY. HABAWEL

ATTY. HABAWEL:

We offer the testimony of our witness who is the petitioner in this

case who would testify that the Owner’s Duplicate copy of Title No. P-

1818 and Transfer Certificate Title No. T-153 (CLOA) was lost.

She now prays for the issuance of a new owner’s duplicate copy of

Original Certificate of Title No. P-1818 and Transfer Certificate Title No.

T-l53 (CLOA).

Q. Madam Witness, who are you in relation to the petitioner in

this case?

R. I am the petitioner.

Q. In your petition you claim that you lost your titles, do you have

documents with you to prove your claim?

R. I gave them to my counsel.

Q. I have here with me a document which purport to be Xerox

copies of the Original Certificate of Title No. P-1818 and Transfer

Certificate Title No. T-153 (CLOA), and an Affidavit of Loss, are these the

documents which you said you gave to your counsel

 R. Yes, Madam.

ATTY. HABAWEL:

May we have the Petition of the Petitioner be marked as Exhibit

“A”,

The xerox copy of Original Certificate of Title P-1818 be marked as

Exhibit “A-1”,

The Xerox copy of Transfer Certificate of Title No. T-153 (CLOA) be

marked as Exhibit “A-2”.

Affidavit of Loss executed by the Petitioner duly received by the

Registry of Deeds be marked as Exhibit “B”

Order furnishing the Registry of Deeds for any opposition on said

Petition be marked as Exhibit “C”

Order of Posting in 3 conspicuous places be marked as Exhibit

“D”,

Registry Receipt mailed to the Registry of Deeds be marked as

Exhibit “E”

Acknowledgment receipt of the Registry of Deeds, Lamut, Ifugao

be marked as Exhibit “F”

Acknowledgment Receipt of the Office of the Provincial Prosecutor

be marked as Exhibit “G”

Certification of Posting at the Municipal Bulletin Board of Lamut,

Ifugao issued by Honorable Angelito Guinid, Municipal Mayor of Lamut,

Ifugao from October 23 2006 to November 24, 2006 be marked as

Exhibit “H”

Signature of Honorable Angelito Guinid be marked as Exhibit “H-1”

Certification of Posting at the Municipal Bulletin Board of Lagawe,

Ifugao from October 17 2006 to November 17 2006 issued by Ms.

Cherryl Marie I. Domio, Municipal Administrator of Lagawe, Ifugao be

marked as Exhibit “I”

Signature of Ms. Cherryl Marie I. Domio be marked as Exhibit “I-

1”.

Certification of Posting at the Poblacion East Barangay Hall,

Lagawe, Ifugao from October 18 2006 to November 3, 2006 be marked

as Exhibit “J”,

COMMISSIONER: Make the necessary markings.

Q. Do you have any document evidencing that you are the owner of

those titles?

R. Yes madam, I have here the Xerox copies from the Original Certificate

of Title No. P1818 and Transfer Certificate of Title No. T-153 (CLOA) duly

certified by the Registry of Deeds, Lamut, Ifugao which are marked

Exhibit “A-1” and “A-2”

Q. Madam Witness, after testifying to show to this Honorable Court that

you don’t have any fault on the matter, what do you want the

court to grant as a relief?

R. I pray the Honorable Court to issue an Order for the issuance of a

new Owner’s Duplicate Copy of OCT No. P-1818 and TCT No. T-153

(CLOA).

ATTY. HABAWEL: We are through with the witness.

COMMISSIONER: Any cross examination.

FISCAL TUMAPANG: No cross examination

COMMISSIONER: Formal Offer Atty. Habawel?

ATTY. HABAWEL: We would like to formally offer Exhibits “A-K” and its

sub-markings to prove compliance with the jurisdictional

requirements. We offer Exhibit “A-1” and “A-2” are offered to show

the loss of the two titles. We are now submitting this case for

resolution of the Honorable Court.

COMMISSIONER: Any comment.

FISCAL TUMAPANG: No objections to the formal offer, your honor.

COMMISSIONER: With the testimony of the petitioner DOMINGA H.

NAYAHANGAN as well as the documentary evidence of the petitioner and

considering that Fiscal Tumapang did not object to the formal offer of

evidence made by petitioner, this case is hereby deemed submitted for

resolution.

CERTIFIED CORRECT:

MARLYN ANANAYO
Stenographer