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REPUBLIC OF THE PHILIPPINES

THE REGIONAL TRIAL COURT


Cagayan de Oro City
Branch

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


THE CORRECTION OF ENTRY
AS APPEARING IN THE
CERTIFICATE OF LIVE BIRTH
OF VIVIAN A. ANTECRISTO
AS FEMALE INSTEAD OF MALE,

VIVIAN A. ANTECRISTO,
Petitioner,

versus–

THE CITY CIVIL REGISTRAR OF


BADIAN, CEBU CITY,
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, married, and a resident of


Bonbon, Cagayan de Oro City, where she may be served with
summons and other processes of this Court;

2. That the respondent is the public official-in-charge of the custody,


issuances and release of birth certificates in the Municipality of Badian,
Cebu City, whose official address is THE OFFICE OF THE
MUNICIPAL CIVIL REGISTRAR, Municipality of Badian, Cebu City,
where they may be served it notices and other court processes of this
Court;

3. That Petitioner was born on April 30, 1968 at Badian, Cebu City as
evidenced by a photocopy of a Certificate of Live Birth hereto attached
as Annex “A”;

4. That at the time of Petitioner’s birth and up until at present, her


Certificate of Live birth was issued bearing the name Vivian A.
Antecristo by the Civil Registry of Cebu City;
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5. That it was only last 2015 that petitioner learned and discovered the
wrong entries as to her Surname as appearing in the COMELEC ID
and her Marriage Certificate. A copy of the aforementioned
documents is hereto attached as Annexes “B” and “C”;

6. That in the aforesaid documents of herein Petitioner, what was entered


and what appeared therein as regard her surname was
“ANTICRISTO” instead of “ANTECRISTO” – her true and correct
surname;

7. That petitioner has been known by her parents, friends, acquaintances,


relatives, neighbors in the community, school, and in any other places
as “ANTECRISTO” and not “ANTICRISTO” as shown in the
____________________ hereto attached as ANNEX “D”;

8. Furthermore, the petitioner intends to correct the erroneous entry in


her birth certificate that instead of the entry for FEMALE, it was the
entry for MALE which was marked in her original birth certificate;

9. The petitioner knows herself and is widely known in her community as


a female. Consequently, for purposes of this Petition, she has
undergone physical examination in ___________ Hospital by the
attending physician ______________ 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 “E”;

10. The petitioner prays for the correction of the erroneous entry in
her COMELEC ID and Marriage certificate as to her surname
from “ANTICRISTO” to “ANTECRISTO” and to the incorrect entry
of her birth certificate as to her gender from “MALE” to “FEMALE”
as a corrected birth certificate.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court,


that after due notice, publication and hearing, an Order be issued ordering
the Office of the City Civil Registrar of Cagayan de Oro City, to effect the
correction of the entry as appearing in the petitioner’s COMELEC ID and
Marriage certificate as to her surname from “ANTICRISTO” to
“ANTECRISTO” and to issue new aforesaid documents to the petitioner with
the said correction.

It is likewise prayed for that the Civil Registrar of the Municipality of


Badian, Cebu City, to rectify the erroneous entry of the birth certificate of

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Vivian A. Antecristo so that the said certificate should indicate the true
gender of the petitioner, which is FEMALE.

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

February__, 2018, Cagayan de Oro City.

KENNETH O. TAMALA
Counsel for Respondents
PTR No. 3331094 – 12/16/16
IBP Lifetime No. 09146
Attorney’s Roll No. 57576
MCLE Compliance No. VI – 0000829

Copy furnished:

1. City Civil Registrar Office


Cagayan de Oro City

2. Municipality Civil Registrar Office


Badian, Cebu City

3. Office of the Prosecutor


Cagayan de Oro City

Copy furnished through registered mail:

4. Office of the Solicitor General

EXPLANATION

Due to distance, this position paper is sent through registered mail.

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REPUBLIC OF THE PHILIPPINES }
City of Cagayan de Oro } S.S.

VERIFICATION & CERTIFICATION

I, VIVIAN A. ANTECRISTO, under oath depose and say that:

I am the Petitioner in this case; I have personally caused the preparation of


the foregoing Petition; I have read and understood all the allegations therein;
all the contents thereof are true and correct of my own knowledge and
information; I have not commenced any other action or proceedings involving
the same issues subject of this case in the Supreme Court, Court of Appeals,
or any other tribunals or agency, and, to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, Court of Appeals, or
any other tribunal or agency; and that if I should hereafter learn that a similar
action or proceedings has been filed with or is pending before the Supreme
Court, Court of Appeals, or any other tribunal or agency, I undertake to report
said fact to this Honorable Court within five (5) days from knowledge thereof.

Cagayan de Oro City, Philippines, February__, 2018.

SUBSCRIBED AND SWORN to before me this _____ day of


_____________________ 2018 at Cagayan de Oro City, Philippines. Affiant
exhibited her Community Tax Certificate No. _________ issued at
_______,on _________, ___, 2018.

VIVIAN A. ANTECRISTO
Affiant

Doc. No.
Page No.
Book No.
Series of 2018

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