Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
San Fernando City, La Union

IN RE: PETITION TO USE Sp. Pro. No: _______________

SURNAME OF FATHER

JONATHAN DE GUZMAN
Petitioner
-versus-

REYNALDO DUMAGUIN, in his

capacity as the Civil Registrar of
San Fernando City, La Union

DR. LISA GRACE S. BERSALES,

in her capacity as the Civil
Registrar General, Philippine
Statistics Authority
Respondent

PETITION

Petitioner, by counsels, unto this Honorable Court respectfully moves

and states:

1. Petitioner is of legal age and a resident of Barangay Catbangen San

Fernando City, La Union. He may be served in this address with
notices, orders and other processes of this Honorable Court;

2. Respondents are public officers empowered to record births,

marriages, and deaths and are impleaded in their official capacities;

3. Petitioner is the illegitimate child of Rogelio Cariaso Rivera and

Jennifer Reyes De Guzman. He was born out of wedlock on October
14, 1997 at the Ilocos Region Hospital, San Fernando City, La Union.
Petitioner’s facts of birth were registered before the Office of the Civil
Registrar of San Fernando City, La Union. A copy of petitioner’s
Certificate of Live Birth from the Philippine Statistics Office is attached
and marked as Annex “A”;

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4. On September 28, 1998, petitioner’s parents entered into a contract
of marriage in San Juan, La Union. A copy of the Certificate of Marriage
is attached and marked as Annex “B”.

5. By virtue of their marriage, petitioner’s parent’s filed an Affidavit of

Legitimation before the Office of the Civil Registrar of San Fernando
City, La Union. However, the Registrar denied the application.
Petitioner’s father has a subsisting marriage when he married
petitioner’s mother. Petitioner’s father is married to a certain Yolanda
T. Dimapili when he contracted a second marriage. A copy of Rogelio
C. Rivera’s Contract of Marriage to Yolanda T. Dimapili is attached as
Annex “C”;

6. Under the circumstances, petitioner is not validly legitimated by the

subsequent marriage of his parents. However, he still wants to avail
the benefit of legitimation and continue using the surname of his
biological father. Petitioner used JONATHAN DE GUZMAN RIVERA in all
his public and private documents and transactions.

7. Under Republic Act No. 9255, illegitimate children has the right to
use the surname of their father. To avail of the provision of the law,
the father of the illegitimate child must expressly recognize filiation.
The father of the illegitimate child may also admit the same in a public
document or private handwritten instrument.

8. Petitioner’s father filed an Affidavit of Acknowledgment/Admission

of Paternity before the Office of the Civil Registry of San Fernando City,
La Union on October 22, 1997. A copy of the Affidavit is attached and
marked as Annex “D”;

9. Petitioner is born before the effectivity of R.A. 9255. As such, he

cannot avail the administrative remedy pursuant to Philippine Statistics
Authority Administrative Order No. 1 Series of 2016; and

10. This petition is filed in good faith. Petitioner has no intention to

perpetrate fraud and/or evade any civil or criminal charges;

PRAYER

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WHEREFORE, it is respectfully prayed of this Honorable Court that,
after due notice and hearing, an Order be issued as follows:

a. Allow petitioner to use the surname “RIVERA”, the surname of his

biological father, in her Certificate of Live Birth;

b. Allow petitioner to use the middle name “DE GUZMAN”, the surname
of his mother, in her Certificate of Live Birth;

c. Direct the Office of the Civil Registrar of San Fernando City and the
Philippine Statistics Authority to cause the necessary changes in
petitioner’s Certificate of Live Birth; and

d. Grant such further relief consistent with law and equity.

Signed this 19th day of October 2019 in San Fernando City, La Union.

Counsels for Plaintiff:

DESSA U. ESTRADA
Counsel for the Plaintiff
456 Stressed Street Kalayaan Avenue, Makati City
PTR No. 768001236
IBP Lifetime No. 3424825
Roll No. 43536
MCLE Compliance No. VI-048595604

VINA L. SAMBU
Counsel for the Plaintiff
789 Flame Street Forbes Park, Makati City
PTR No. 978324634
IBP Lifetime No. 6354765
Roll No. 83635
MCLE Compliance No. VI-09635272

DARYLL MACAGBA
Counsel for the Plaintiff
2/F Zambrano Building Quezon Avenue Sn.Fernando City

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 PTR No. 678754237
IBP Lifetime No. 2547489
Roll No. 98568
MCLE Compliance No. X-03436891

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