REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th JUDICIAL REGION
BRANCH 61
BOGO CITY

IN THE MATTER OF CANCELLATION

OF THE CERTIFICATE OF LIVE BIRTH
WITH REGISTRY NO. 2051
IN THE CIVIL REGISTRY

GLADYS CATA LUA De la FUENTE

Petitioner,

Sp. Proc No. ________

-versus-

THE LOCAL CIVIL REGISTRY

Respondent

x------------------------------------------------x

PETITION

COMES NOW, Petitioner, by the undersigned counsel and unto

this Honorable Court most respectfully alleges :

1. That petitioner is of legal age, married to Isaiah De la Fuente,

with residence located at Cantibhang, Lower Pakigne,
Minglanila, Cebu where it may be served with summons and
other legal process ;

2. That respondent is the Municipal Civil Registrar and the officer-

in-charge, among others with the officials records/documents
registered in the Municipality of Daanbantayan particularly
certificates of live-birth and marriage contracts the office of
which is located in the Local Civil Registry, Municipality of
Daanbantayan, where it may be served with summons and other
legal processes ;

1
3. The petitioners parents, namely Pedro Sernal Catalua and
Cleopatra Batiancila Jumantoc were married on April 10, 1957
in the Municipality of Sta. Fe, Cebu. A copy of their Marriage
Contract is hereto attached as Annex A;

4. That petitioner was born at the Municipality of Daanbantayan,

Cebu.

5. That in her (petitioner) Certificate of Live Birth with Registry

No. 2053, her place of birth was erroneously entered as
Kinatarcan, Sta. Fe instead of Daanbantayan, Cebu; her full
name was also erroneously entered as Gladys Jumantoc
Catalunia instead of Gladys Jumantoc Catalua; her date of
birth was written in figures as 7 30 75 instead of July 30, 1975
; her fathers full name was erroneously entered as Pedro
Cernal Catalunia instead of Pedro Sernal Catalua ; her
mothers maiden name was misspelled when entered as
Jumantuc instead of Jumantoc; her parents date and place of
marriage was erroneously entered as March 10, 1957/ Sta.Fe ,
Bantayan, Cebu when in truth and in fact it is April 10 1957/
Sta. Fe, Cebu. A copy of the petitioners Certificate of Live
Birth with Registry No. 2053 is hereto attached as Annex B ;

6. That the petitioner, upon learning of the erroneous entries in her

Certificate of Live Birth, filed a Petition for Correction of
Clerical ErrorS in the Certificate of Live Birth with Registry
No.2053 at the Office of the Municipal Civil Registrar in the
Municipality of Daanbantayan dated 12 March 2010. A copy of
the Petition for Correction of Clerical Errors in the Certificate
of Live Birth with Registry No. 2053 is hereto attached as
Annex C ;

7. That the Municipal Civil Registrar of the Local Civil Registry of

Daanbantayan in the person of Leandro P. Tohay, granted the
petition filed by the petitioner on 23 February 2010. A copy of
the action taken by the Municipal Civil Registrar of
Daanbantayan is hereto attached as Annex D ;

8. That the decision of the Municipal Civil Registrar was affirmed

by the Civil Registrar General Carmelita N. Ericta in an order
dated 18 March 2010. A copy of the action taken by the Civil
Registrar General is hereto attached as Annex E ;

9. That petitioner was later informed that the correction of entries

on her Certificate of Live Birth with Registry No. 2053 she
sought on her petition cannot successfully be changed since the
registry record of the Municipal Civil Registrar of
Daanbantayan shows that there is another Certificate of Live
2
 Birth with Registry No. 2051 which bears the same entry as the
Certificate of Live Birth where the petitioner intends to change
and it appears that there is ,indeed, two Certificates of Live Birth
entered on the records of the Municipal Civil Registrar of
Daanbantayan for the petitioner. A copy the other Certificate of
Live Birth of the petitioner with Registry No. 2051 is hereto
attached as Annex F ;

10. That petitioners Petition for Correction of Clerical Errors in the

Certificate of Live Birth with Registry No. 2053 remains
unprocessed unless the Certificate of Live Birth with Registry
No. 2051 is cancelled.

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the instant petition be GRANTED,
that the petitioner Certificate of Live Birth with Registry No. 2051 be
cancelled.

Other reliefs and remedies available under the premises are

likewise prayed for.

26 May 2015. Cebu City for the City of Bogo.

RESPECTFULLY SUBMITTED.

LOON CORPUZ PATIO AND ASSOCIATES

(Counsel of the Accused)
G/F GMC Plaza Bldg. Legaspi Extension
corner M.J Cuenco St, Cebu City, Philippines
Tel No. (032) 254-0453; Cel No. 09178180767

By:

JURIL B. PATIO
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. Exempt-New Passer
Email add: juril.patino@yahoo.com

3
 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, Gladys Catalua De la Fuente of legal age, married, with

residence located at Cantibhang, Lower Pakigne, Minglanilla, Cebu,
Philippines, after being sworn to in accordance with law, do hereby
deposes and states :

1. That I am the petitioner in the above-captioned case ;

2. That I have caused the preparation and filing of this petition ;

3. That I have read the contents thereof and that the same true
correct to the best of my personal knowledge or based on authentic
records ;

4. That I further states :

a. That we have not theretofore commenced any action of

any claim involving the same issues in any court, tribunal, or quasi-
judicial agency and to the best of my knowledge, no such other action or
claim is pending therein ;

b. If there is such other pending action or claim, a

complete statement of the present status thereof ; and

c. If we should thereafter learn that the same or similar

action or claim has been filed or is pending, we shall report the fact within
five (5) days therefrom to the court wherein our aforesaid complaint or
initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th of

May 2015 at Cebu City, Philippines.

GLADYS CATALUA DE LA FUENTE

Affiant

4
 SUBSCRIBED AND SWORN to before me this ______________
in Cebu City, Philippines, by GLADYS CATALUA De La FUENTE,
who has satisfactorily proven her identity tome through her____________
No.________________ issued at _________________________, issued
on _______________ and valid until ________________________ who
is the same person who personally signed before me the foregoing
Verification and Certification Against Forum Shopping and acknowledge
that they executed the same.