You are on page 1of 4

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


______ Judicial Region
Branch __
_____________________________

IN THE MATTER OF PETITION


FOR CANCELLATION OF THE
CERTIFICATE OF LIVE BIRTH OF
______________________ WITH
REGISTRY NO. ___________

______________________________
Petitioner,

versus SPL. PROC. Case No. _____

THE MUNICIPAL CIVIL REGISTRAR


AND ALL PERSONS/ENTITIES
WHO/WHICH MAY BE AFFECTED
THEREBY,
Respondents.
x-------------------------------------------------x

PETITION
PETITIONER, through the undersigned counsel, and unto this
Honorable Court, most respectfully states that:

1. Petitioner is of legal age, Filipino, single and a resident of


__________________________. Petitioner may be served with orders, summons
and other court processes through the undersigned counsel with office
address at ___________________________________.

2. Respondent, Municipal Civil Registrar, is a public officer


mandated to perform the civil registration function including
cancellation/correction of entries in the civil registry of the
__________________ where the fact of birth of Petitioner was registered,
whose office is located at ________________, where summons and other
legal processes may be served.

3. Petitioner was born on ______________________, however, his


record of birth was registered twice.

4. The first registration was through a Certificate of Live Birth


with Registry No. _________ under the name of one ____________ registered
at the Office of the Civil Registrar of ________. A copy of the said
Certificate of Live Birth with Registry No. ________ is hereto attached and
marked as Annex A.

5. The second registration was through a delayed registration


of Certificate of Live Birth with Registry No. __________ under the name of
one ___________ received at the Office of the Municipal Civil Registrar of
________.

6. The first Certificate of Live Birth (Annex A) contains the


following information:

7. The second Certificate of Live Birth (Annex B), which


Petitioner had been using, contains the following information:

8. Petitioner had been using the second Certificate of Live


Birth (Annex B) for his personal, official and business transactions
every time said document is needed and/or required.

9. It was only recently, when Petitioner applied for an


immigration visa at the US Embassy in Manila, that Petitioner was
informed that there appeared two records of birth relating to him.
Petitioner was advised to cancel the second registration.

10. The delayed registration of Petitioners birth with the office


of Respondent under Registry No. _____ had no basis in fact and in law
since Petitioner was actually born in ____________ and a timely
registration was in fact recorded at the Office of the Civil Registrar of
_________ evidenced by a Certificate of Live Birth (Annex A).

pg. 2
11. Being the first registration, the first Certificate of Live Birth
bearing Registry No. __________ takes precedence over the second
Certificate of Live Birth bearing Registry No. ___________.

12. The errors, however, contained in the first Certificate of


Live Birth may be corrected to reflect the correct information relating to
the birth of Petitioner.

13. Furthermore, the existence of Petitioners second birth


certificate at the records of public respondent may affect Petitioners
birth record or subject the convenient use of the same with certain
difficulties, considering Petitioner appears to have two (2) recorded
birth certificates.

14. The cancellation of the second Certificate of Live Birth of


Petitioner (Annex B) bearing registry No. ________ from the records of
public respondent would put in order Petitioners birth records and
eventually facilitate and expedite Petitioners intention to correct
erroneous entries in his first Certificate of Live Birth.

15. Under Section 1, Rule 108 of the Rules of Court, 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 [now Regional Trial Court] of the province
where the corresponding civil registry is located.

16. Likewise, Section 2 of the same Rule provides that upon


good and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births; x x x.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that this instant Petition be GRANTED, and to order the
cancellation from the records of the public respondent, the Municipal
Civil Registrar of ________, the Certificate of Live Birth of Petitioner
bearing Registry No. ____________.

pg. 3
Other reliefs just and equitable and remedies available under the
premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

_____________, Philippines, September 4, 2017.

Counsel for the Petitioner

Copy furnished:

pg. 4