Professional Documents
Culture Documents
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JUDICIAL AFFIDAVIT
OF DIVINA TATUM
I, Divina Munsayac Tatum, of legal age, single, and a resident of 8-D
Private Road, Magsaysay Avenue, Baguio City, legal representative and
biological mother of petitioner in this case, state under oath the following:
PRELIMINARY STATEMENT
PURPOSE: This affidavit of Divina Tatum is being offered to prove that the
Certificate of Live Birth under Registry No. 2004-112 of her minor son
Jonggo Lloyd Tatum (aka Jonggo Lloyd Tatum Martinez), petitioner in this
case, contains substantial errors necessitating correction and change,
specifically on entries concerning his parentage, surname, legitimacy, and
other details. On these points, Divina Tatum will prove that:
5. Her residence was and has always been at 8-D Private Road, Magsaysay
Avenue, Baguio City and not at Roman Ayson Road, 12 Sixto Gaerlan St.,
Baguio City, as is seen in Entry Number 2-c.
Divina Tatum’s testimony is also offered to prove the legal basis for the
correction of the entries and change of surname in the Certificate of Live Birth
of herein petitioner, the same containing substantial errors.
1. Q. For the record, please state your name and personal circumstances.
2. Q. Are you the same Divina Tatum, the legal representative of the
petitioner in this case?
A. Yes, I am.
7. Q. Excuse me for asking, but have you had sexual intercourse with him?
A. Yes, on several occasions. It started when he was courting me, but our
sexual relations stopped when I broke up with him.
10. Q. When and how did you find out that you were pregnant?
A. I was experiencing nausea and vomiting, and I also stopped
menstruating for 3 months, so I went to an OB-Gyn clinic and had a
pregnancy test. The test showed a positive result. I was 20 years old
back then, just after my graduation.
11. Q. Did your ex-boyfriend know about your pregnancy at that time?
A. Yes, he did. I told him about it. He felt really elated because he
believed that it was his child. However, I admitted to him that I have
been unfaithful to him and that I have been highly promiscuous
during our relationship.
16. Q. Is this the document you are referring to? (Shows the copy of the
Certificate of No Marriage)
A. Yes. That is the copy issued to me by NSO Baguio City.
18. Q. When you gave birth to your son, did you and private respondent
both assume that the latter was the father of the child?
A. No, because I made it clear between us that the father of the child is
unknown and that we are not to give my son the impression that
Domingo is his father.
19. Q. Haven’t you applied for your son’s registration with the Local Civil
Registry right after he was born?
A. No, I forgot. However, I was about to apply for it when my son was
2 years old. But then, Domingo told me that he already had the child
registered with the Local Civil Registry of Baguio City.
21. Q. Is this the Certificate of Live Birth that you are referring to earlier?
(Shows the copy of the Certificate of Live Birth)
A. Yes.
23. Q. Are you saying that there are inaccuracies in your son’s Certificate of
Live Birth which need to be corrected?
A. Yes.
24. Q. Could you specifically point out in this Certificate of Live Birth the
errors that need to be corrected?
A. Yes. Entry 2-c on Mother’s Residence. Entry 3 on Child’s Name.
Entry 7 on Father’s Name. Entry 8 on Father’s Nationality. Entry 9
on the Age of the Father at the time of birth of the child. Entry 11-a
on the Occupation of the Father. Entry 24 on the Date and Place of
Marriage of Parents of the Child. And Entry 23 on legitimacy.
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26. Q. Do you have any other proof that you are a resident of 8-D Private
Road, Magsaysay Avenue, Baguio City and not at Roman Ayson Road,
12 Sixto Gaerlan St., Baguio City?
A. Yes. My Voter’s ID issued by the COMELEC and my Barangay
Residency Certificate all show that I’ve always been a resident of
8-D Private Road, Magsaysay Avenue, Baguio City.
31. Q. Can you prove that your son, herein petitioner, has been a resident of
Baguio City for the past 3 years prior to the filing of the petition?
A. Yes. With my son’s Certificate of Residency from our Barangay.
34. Q. Do you have proof to show that petitioner has always used the
surname “Tatum”, and not “Martinez”?
A. Yes, I have several. First, my son’s Certificate of Residency from our
Barangay clearly states that he has always been known to bear the
surname “Tatum” and not “Martinez”. Second, my son’s most recent
school records, namely his last enrollment certificate and certificate
of graduation clearly state his name as Jonggo Lloyd Tatum.
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IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January
2016 at Baguio City.
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City
of Baguio this 25th day of January 2016. Affiant personally came and
appeared with PRC ID License No. 118842345 issued by the Professional
Regulation Commission on January 12, 2013 at Baguio City, bearing her
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
ATTESTATION
3. I nor any other person then present or assisting her coached the witness
regarding her answers;
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City
of Baguio this 25th day of January 2016. Affiant personally came and
appeared with PRC ID License No. 16171819 issued by the Professional
Regulation Commission on December 8, 2013 at Baguio City, bearing his
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
Copy furnished:
Solicitor General
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EXHIBIT “____”
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EXHIBIT “____”
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EXHIBIT “____”
THIS IS TO CERTIFY that Ms. Divna Munsayac Tatum, 34 years old, single, is a
bona fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio
City.
As per records in this office on the implementation of P.D. 1508 otherwise known
as “Katarungang Pambarangay Law”, and other existing laws, rules and
regulations, and ordinances, no case was filed against her.
THIS CERTIFICATION is being issued to support her request for the correction of
entries in the Certificate of Live Birth of her minor son Jonggo Lloyd Tatum and
for such purpose only.
SIGNED AND ISSUED this 25th day of January, 2015 at Barangay Private Road,
Baguio City.
MARSE A. HUMALIMAW
Punong Barangay
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EXHIBIT “____”
THIS IS TO CERTIFY that Jonggo Lloyd Tatum, 12 years old, is a bona fide
resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City, and has
been a resident thereof continuously and uninterruptedly since the time of his birth.
THIS CERTIFICATION is being issued to support his petition for the correction of
entries and change of name in his Certificate of Live Birth and for such purpose
only.
SIGNED AND ISSUED this 55th day of January, 2015 at Barangay Private Road,
Baguio City.
MARSE A. HUMALIMAW
Punong Barangay
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EXHIBIT “____”
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EXHIBIT “____”