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Republic of the Philippines

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch _____
Imus, Cavite

IN THE MATTER OF
CANCELLATION/ CORRECTION
OF ENTRIES IN THE
CERTIFICATE OF LIVE BIRTH
OF PAULA FAURA DIAZ

Special Proc. No._________

ELIZABETH C. FAURA
Petitioner,

- versus -

CIVIL REGISTRAR OF IMUS


CAVITE AND ALL PERSONS/
ENTITIES WHO/WHICH MAY BE
AFFECTED THEREBY,
Respondents,
X----------------------------------------X

PETITION
Petitioner, by the undersigned counsel, to this Honorable Court, most
respectfully alleges that:

1. Petitioner is of legal age, Filipino, single, a resident of Lot 4 Blk. C


Greenville Subdivision, Imus, Cavite, and the mother and guardian of her
minor child, PAULA FAURA DIAZ.

2. Respondent Civil Registrar is the public officer in charge of the


registration, cancellation and correction of entries in the civil registry where
the fact of birth of said minor child was registered, which registrar is located
at the Ground Floor, City Hall, City of Imus, Cavite.

3. On March 10, 2010, Petitioner gave birth to her child, PAULA


FAURA DIAZ at Imus Medical Center. The child was born out of wedlock
with a certain EMMANUEL CASTRO DIAZ and the fact of her birth was
registered on April 1, 2010 before the Office of Respondent Civil Registrar
of Imus Cavite under Civil Registry No. 11-09278.
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PETITION FOR CORRECTION OF ENTRIES
Sp. Proc. Case No. ______
In Re Correction of Entries in Certificate of Live Birth of Paula Faura Diaz
x----------------------------------------------------------x

Attached as Annex “A” hereof is a copy of Certificate of Live Birth


of the Paula Faura Diaz.

4. Believing in good faith that her child could not utilize the surname
of her father because she was born out of wedlock, Petitioner thought it
more convenient to process the registration of her child’s birth if she was
married with Emmanuel Diaz. Thus, petitioner supplied erroneous
information as regards the date and place of her marriage with Emmanuel
Diaz.

5. Petitioner misrepresented in her application for the registration of


birth of her child that she and Emmanuel were married on January 1, 2010 in
Las Vegas, Nevada, when in truth, they were not married and has not been
married to this date.

Attached as Annex “B” is a copy of the Certification issued by the


Civil Registrar General attesting to the fact that Petitioner has not been
married to Emmanuel Diaz as their marriage does not appear in the National
Indices of Marriage.

6. As a result of the foregoing, “Entry No. 18” referring to the date


and place of marriage of the parents of the said minor child, and
consequently, “Entry No. 20” particularly the printed name of herein
Petitioner was entered as ELIZABETH F. DIAZ, instead of ELIZABETH
FAURA, of the Certificate of Live Birth of the minor child are false and
misleading.

Entry No. 18 in Annez A is hereto bracketed and marked as “Annex


A-1”. While Entry No. 20 in Annex A is further bracketed and marked as
“Annex A-2”.

7. Petitioner hereto files this instant petition anchored under Rule 108
of the Revised Rules of Court in order to correct the aforementioned
misinformation and erroneous entries in the Certificates of Live Birth of her
minor child.

8. Emmanuel Diaz, the father of the above-named minor child, who is


now a permanent resident of Las Vegas, Nevada, did not acknowledge no
admit paternity over the said child as he did not sign the Letter of
Acknowledgment in the Certificate of Live Birth of Paula Faura Diaz.

PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that an Order be issued directing herein respondent Civil
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PETITION FOR CORRECTION OF ENTRIES
Sp. Proc. Case No. ______
In Re Correction of Entries in Certificate of Live Birth of Paula Faura Diaz
x----------------------------------------------------------x

Registrar to cancel the information supplies as the date and place of


marriage of parents in “Entry No. 18” and to correct “Entry No. 20”,
particularly the printed name of herein Petitioner from ELIZABETH DIAZ
to ELIZABETH FAURA, in the Certificate of Live Birth of said minor
child.

Petitioner also prays for other reliefs as may be deemed just and
equitable in the premises.

City of Imus, Cavite, 11th March 2018

ATTY. MARJORIE CAMILLE FLORES


Counsel for the Petitioner
Unit 209 Page 1 Bldg. Imus, Cavite
Roll No. 155427
IBP No. 22561
PTR No. 8712560
MCLE Compliance No. 0091269
Tel. Nos. 853-4322; 853-4355

Copy Furnished:

OFFICE OF THE SOLICITOR GENERAL


134 Amorsolo Street, Legaspi Village
Makati City

3
Republic of the Philippines)
City of Imus ) s.s.

VERIFICATION AND CERTIFICATION OF


NON-FORUM SHOPPPING

I, ELIZABETH FAURA, of legal age, Filipino, married and with


address at Lot 4 Blk. C Greenville Subdivision, Imus, Cavite, state under
oath that:

1. I am the petitioner in the above-entitled case;

2. I have caused this petition to be prepared. I have read and understood


its contents, including its annexes, and the same are true and correct to the
best of my knowledge and/or based on authentic records.

3. That I have not commenced any action of proceeding involving the


same issue in the any other court, tribunal or agency; that to the best of my
knowledge, no such action or proceeding, involving the same parties and the
same facts and issues, is pending in the any court, tribunal or agency, and
that, if I should learn thereafter that a similar action or proceeding has been
filed or is pending before these courts, tribunal or agency, I undertake to
report that fact to this Honorable Court within five (5) days therefrom.

IN WITNESS WHEREFORE, I Have hereunto set my hand this 11th day of


March, 2018.

ELIZABETH FAURA
Affiant

SUBSCRIBED AND SWORN to before me on the same date above, at Imus


City, affiant exhibiting to me her Driver’s License with ID No. 98776125
issued by the Land Transportation Office Imus City on January 10, 2016
valid until January 12, 2019.

ATTY CHRISTIAN MESIA


Notary Public
Unit 11 A Bldg. Quezon City
Roll No. 899427
IBP No. 097561
PTR No. 11152560
MCLE Compliance No. 0091269
Serial No. of Commission M-1264
Valid Until December 20, 2020

Doc No._______;
Page No:______;
Book No.______;
Series of 2018.
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