REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

______ Judicial Region
Branch __
_____________________________

IN THE MATTER OFPETITION

FOR CANCELLATIONOF 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 ofthe
__________________ 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 advisedto cancel the second registration.

10. The delayed registration of Petitioner’s 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

pg. 2
Registrar of_________ evidenced by a Certificate of Live Birth
(Annex “A”).

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 Petitioner’s second birth

certificate at the records of public respondentmay affect
Petitioner’s 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 Petitioner’s birth
records and eventually facilitate and expedite Petitioner’s
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 xx.”

pg. 3
 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. ____________.

Other reliefs just and equitable and remedies available under the
premisesare likewise prayed for.

RESPECTFULLY SUBMITTED.

_____________,Philippines, January 31, 2018.

Counsel for the Petitioner

Copy furnished:

pg. 4