REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th Judicial Region
Branch 25
Danao City

IN THE MATTER OF CORRECTION Sp. Proc. No.-

OF ENTRIES CORRESPONDING TO
THE BIRTH RECORD OF JOVER
HORTELANO AS TO THE SURNAME
OF THE CHILD FROM JOVER PUGOY
TO JOVER POGOY AND AS TO THE
SURNAME OF THE FATHER FROM CELESTINO
PUGOY TO CELESTINO POGOY

JOVER HORTELANO,
Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF

CARMEN, CEBU and the NATIONAL
STATISTICS OFFICE Through the
Administrator CARMELITA N. ERICTA,
Respondent,

x----------------------------------------------------------/

PETITION

COMES NOW the Petitioner, by the undersigned counsel and unto

this Honorable Court, respectfully avers that:
1. Petitioner is 30 years of age, married, Filipino and a resident of
Poblacion, Carmen, Cebu, Philipines;

2. Respondent is a government official whose functions include the

custody of birth records as well as registration thereof.
Respondent is holding office at Municipal Hall Compound,
Poblacion, Carmen, Cebu, Philippines where summons and other
court processes can be served;

3. Petitioner was born on December 8, 1980 in Carmen, Cebu and

duly recorded in the Local Civil Registry of Carmen, Cebu as
evidenced by the Certificate of Birth issued by the Local Civil
Registrar of Carmen, Cebu herein attached as Annex “A”;

4. Petitioner has made himself known to the public for the past thirty
(30) years and continues to do so as JOVER POGOY, as shown by
his school diploma. Attached herein and made integral part of this
Petition is his Secondary Diploma issued by Carmen National
High School marked as Annex “B”;

5. Recently, Petitioner secured an authenticated copy of his birth

record from the National Statistics Office. Attached and made an
integral part of this Petition is the Certificate of Live Birth of
JOVER C. POGOY marked as Annex “C”;

6. To the dismay of the herein Petitioner, it appears that there were

errors in the entry of his record, particularly:

Surname of the Child : JOVER PUGOY

Surname of the Father of the Child : CELESTINO PUGOY
 7. After the discovery of the erroneous entries in his birth record,
Petitioner secured a birth certificate from the Carmen Civil
Registrar’s Office and the same errors were discovered;

8. In order to avoid confusion and to straighten the entries in his

birth record, Petitioner filed this instant Petition in order to have
the erroneous entries rectified and further reflect his correct
surname and the surname of his father which should be entered
as:

Surname of the Child : JOVER POGOY

Surname of the Father of the Child : CELESTINO POGOY

9. Petitioner ahs no derogatory record in his character as evidenced

by the clearances issued by the proper authorities herein attached
as Annex “D”, “E”, “F”, “G”, “H”, and “I”, respectively;

PRAYER

WHEREFORE, it most respectfully prayed that, after the due notice

and publication, and hearing, this Honorable Court adjudge and order
herein Respondent to effect the rectification of the Birth Record of JOVER
C. POGOY pertaining to the entries in the surname of the child from
JOVER C. PUGOY to JOVER C. POGOY and the surname of the father
from CELESTINO PUGOY to CELESTINO POGOY.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

RESPECTFULLY SUBMITTED.
August 4, 2014. Danao City, Cebu Philippines.

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Danao City District Office
COUNSEL FOR PETITIONER
By:

MARISSA M. BERING
Public Attorney II
Attorney’s Roll No. 88888
IBP No. 88888, 02.28.14, Cebu
MCLE Compliance No. III-88888888/03.24.14

VERIFICATION and CERTIFICATION

OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES}
CITY OF DANAO…………………}SS
X--------------------------------------------------------/

I, JOVER C. POGOY, after being sworn to in accordance with law,

deposes and states:

1. That, I am the Petitioner in the above-entitled case;

2. That, I have caused the Petition to be prepared and has read the
contents thereof;
3. That, the allegations therein are true and correct of own
knowledge and authentic documents;
4. That, I have not therefore commenced any other action or
proceeding involving the same issues in the Supreme Court, the
Court of Appeals, or any other tribunal, agency or hearing officer,
to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other
tribunal, agency or hearing officer; if I should learn thereafter that
a similar action or proceeding has been filed or pending, I shall
undertake to report such fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed

my signature this August 04, 2014 in Danao City, Cebu, Philippines.

JOVER C. POGOY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this August 04, 2014

in Danao City, Philippines. Affiant appeared and exhibited his Community
Tax Certificate No. 27111827 issued on August 2, 2014 in Carmen, Cebu.

MARISSA M. BERING
Public Attorney II
(Subscribed pursuant to R.A.
9406)

Copy furnished via registered mail due to the distance of the offices:

The Solicitor General Posted at __________

Office of the Solicitor General Posted on__________
134 Amorsolo St., Legaspi Village Letter No.__________
Makati City, Philippines

The Local Civil Registrar of Carmen, Cebu Posted at __________

City Hall Compound, Poblacion Posted on__________
Carmen, Cebu Letter No.__________

MS. CARMELITA N. ERICTA Posted at __________

National Statistics Office Posted on__________
3/F Vibal Building, corner Times Street Letter No.__________
Quezon City