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 LUÑA 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 ;

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3. The petitioner’s parents, namely Pedro Sernal Cataluña 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 Cataluña”; her date of birth was written in
figures as “7 30 75” instead of July 30, 1975 ; her father’s full
name was erroneously entered as “Pedro Cernal Catalunia” instead
of “Pedro Sernal Cataluña ; her mother’s 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 petitioner’s
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

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 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 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 PATIÑO 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. PATIÑO
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

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 VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING

I, Gladys Cataluña 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 26 th of

May 2015 at Cebu City, Philippines.

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 GLADYS CATALUÑA DE LA FUENTE
Affiant

SUBSCRIBED AND SWORN to before me this ______________

in Cebu City, Philippines, by GLADYS CATALUÑA 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.