Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region Branch __ Pagadian City, Zamboanga del Sur.

PETITION FOR CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF LEGIN TAMPARONG OY AS FEMALE INSTEAD OF MALE,

SP PRO. CASE NO. ___________

LEGIN TAMPARONG OY Petitioner. -vsCIVIL REGISTRAR OF THE MUNICIPALITY OF LAPUYAN, ZAMBOANGA DEL SUR, AND THE NATIONAL STATISTIC OFFICE Respondent. X-------- -------------------------------------------x

PETITION

COMES NOW, the Petitioner, thru the undersigned counsel, respectfully avers to this Honorable Court the following, to wit:

1. That Petitioner is a Filipino, of legal age, single, and a resident of Poblacion, Lapuyan , Zamboanga del Sur, where she may be served with summons and other processes of this Court; 2. That the respondents are the public official-in-charge of the custody, issuances and release of birth certificates in the Municipality of Lapuyan, Zamboanga del Sur, whose official address is THE OFFICE OF THE MUNICIPAL CIVIL REGISTRAR, Municipality of Lapuyan, Zamboanga del Sur, and the other respondent is the National Statistics Office located in Santa Mesa, Manila, where they may be served with notices and other court processes of this Court; 3. That the petitioner intends to apply for NBI Clearance in order to get her passport for work abroad; Page 1 of 5

4. That, as she was preparing her required papers, she found out that there is an erroneous entry in her birth certificate; 5. Instead of the entry for FEMALE, it was the entry for MALE which was marked in her original birth certificate. A copy of her original birth

certificate as well as a copy in Certificate of Live Birth from the National Statistics Office are hereto attached and marked as Annexes A and B; 6. The petitioner knows herself and is widely known in her community as a female. Attached hereto is a copy of her Transcript of Records from

Southern Mindanao College (SMC) showing that the Petitioner is a female, marked as Annex C. Consequently, for purposes of this Petition, she has undergone physical examination in Margosatubig Hospital by the attending physician Matin P. Mariano, M.D. to ones and for all clarify the legal ambiguity created by the birth certificate. The

findings made by the said doctor who examined the Petitioner show that she is indeed grossly female. A copy of the medical certificate is hereto attached and marked as Annex D; 7. The reason for said erroraccording to Petitioners mother when she asked her is that it was only the hilot or the rural health midwife who gave the information and she must have been too tired when the entry was made after helping in giving birth to the Petitioner at that time; 8. That in the spirit of liberal construction of the rules of court, and for the reason of speedy and inexpensive disposition of the case, let the previous notification and publication in the newspaper of general circulation be adopted as a compliance of the jurisdictional requirement of Rule 108; 9. That under Section 6, Rule 7 of the 1997 Rules of Civil Procedure

provides that These rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action or proceeding. That the purpose of the notification and publication is to notify the whole world and invite any party in interest to oppose the petition of the herein petitioner to correct the erroneous entry of her certificate of live birth or birth certificate, and such notification and publication did served its purpose when such publication and notification was already complied by the petitioner.

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Attaching herewith is the copy of the affidavit of Publication marked as Annex G; 10. The petitioner prays for the correction of the erroneous entry in her

birth certificate as a corrected birth certificate is a requirement for the application of the NBI Clearance in order to acquire working visa abroad.

PRAYER WHEREFORE, it is respectfully prayed to the Honorable Court to ORDER the Civil Registrar of the Municipality of Lapuyan, Zamboanga del Sur, and subsequently the record of the National Statistic Office, to rectify the erroneous entry of the birth certificate of LEGIN TAMPARONG-OY so that the said certificate should indicate the true gender of the petitioner, which is FEMALE.

It is likewise prayed that the previous posting of notice in the municipal hall of Lapuyan and the bulletin board of the herein honorable court, and the publication made by the herein petitioner in the newspaper of General Circulation, specifically in The Mindanao Monitor newspaper, published in Pagadian City on the following dates: January 19-25, January 26-February 11, and February 2-08, all in the year 2011 be adopted as a compliance of the jurisdictional requirement in Section 4 of Rule 108 of the Rules of Court.

For such other and further relief as this HONORABLE COURT may deem just and equitable under the premises.

_____________________, Aurora, Zamboanga del Sur, Philippines.

ATTY. JUNSANLY I. ITUMAY

IBP No. PTR No. Roll of Attorneys No. Exempted from MCLE Compliance Admitted to the BAR on April 2010

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REPUBLIC OF THE PHILIPPINES } Municipality of Aurora } Province of Zamboanga del Sur

VERIFICATION and CERTIFICATION AGAINST FORUM SHOPPING

I, LEGIN TAMPARONG-OY, Filipino, of legal age, single, and a resident of Poblacion, Lapuyan, Zamboanga del Sur, after having been sworn to in accordance with law, hereby depose and states that: 1. I am the Petitioner in the foregoing Special Proceeding Petition for Correction of Entry In the Certificate of Live Birth before the Regional Trial Court of Pagadian City, Zamboanga del Sur; That I have read and understood the allegations therein and that the same is true and correct to the best of my knowledge and belief; 2. That to the best of my knowledge there is no such action or proceeding that has been pending involving the same parties and issues in the Supreme Court, the Court of Appeals or different divisions thereof, or in any tribunal or agency; That thereafter, should I learn that a similar action or proceeding has been filed or is pending in the Supreme Court, the Court of Appeals or different divisions thereof, or in any tribunal or agency, I will undertake to report such fact within five (5) days from such notice to such courts, tribunal or agency for its proper disposition.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of ___________ 2010, in the Municipality of Lapuyan, Zamboanga del Sur, Philippines.

LEGIN TAMPARONG OY Petitioner SUBSCRIBED AND SWORN to before me this _____ day of _____________________ 2011 at Aurora, Zamboanga del Sur, Philippines. Affiant exhibited her Community Tax Certificate No. 23938599 issued at Aurora, Zamboanga del Sur, on _________, ___, 2011.

ATTY. DEONHAR M. CENIZA

Doc. No. Page No. 80 16
IBP No. 736560; 4/26/11; Pagadian City; PTR No. 5349742; 1/4/11; Pagadian City; Roll of Attorneys No. 57505 Exempted from MCLE Compliance

Book No. I Series of 2011.

Copy furnished:

Admitted to the BAR on April 2010

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Office of the Municipal Registrar Aurora, Zamboanga del Sur

Received by: ____________________;

Signature over printed name

Date: ___________________________;

National Statistics Office

Santa Mesa, Manila City

Received by: CP 002 186 603 PH; Date: March 21, 2011;

Provincial Prosecutors Office Justice Hall, Pagadian City

Received by: ____________________;

Signature over printed name

Date: ___________________________;

Solicitor General Makati City, Philippines

Reg. Receipt No. CP 002 186 617 PH; Date: March 21, 2011;

EXPLANATION

In compliance with the Rules on the Service of Pleadings, a copy of this Petition is furnished to the respondents and the interested office at the addresses below by personal service to the office of the Municipal Registrar, , Provincial Prosecutor, and by registered mail with return card due to the office of the Solicitor General in Makati City and National Statistics Office in Santa Mesa, Manila City due to the distance between petitioners counsels address and the respondents.

DEONHAR M. CENIZA

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