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Republic of the Philippines

5th Judicial Region
REGIONAL TRIAL COURT
Branch 10
Legazpi City

RE: IN THE MATTER OF THE

PETITION FOR CHANGE OF
NAME OF AGNES V. SOLANO TO
AGNES VILLANUEVA,  

JUANA A. VILLANUEVA, SP. PROC. CASE NO. _______

Petitioner

-versus-

LOCAL CIVIL REGISTRAR OF

LEGAZPI CITY AND THE
NATIONAL STATISTICS OFFICE,
Respondent.
x----------------------------------------------/

PETITION
PETITIONER, JUANA A. VILLANUEVA, by the undersigned
counsel unto this Honorable Court respectfully states that:

1. Petitioner Juana A. Villanueva (Juana for brevity) is of legal age,

Filipino, single and a resident of Brgy. 1 Em’s Barrio, Legazpi City and
she may be served with notices, orders and other processes of the
Honorable Court at her counsels’ address at ANST Building 2 nd Floor,
Washington Drive, Legazpi City;

2. Minor child Agnes Solano (Agnes for brevity) is a resident of

Brgy. 1 Em’s Barrio, Legazpi City together with her mother since the day
she was born as evidenced by the Barangay Certification hereto
attached as Annex “A” and is made an integral part of this petition;

3. Respondents herein are being sued in their official capacities

being the concerned agencies and official custodian of the Certificate of
Live Birth of the subject minor child with office addresses at 3 rd Floor
Legazpi City Hall Building, Rizal Avenue, Legazpi City, 4500, Albay and
2nd Floor, Albay Capitol Annex Building, Old Albay District, Legazpi
City,4500, Albay respectively where they may be served with notices,
orders and other processes of the Honorable Court;
SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS
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4. Agnes was born in the Brgy. 1 Em’s Barrio, Legazpi City on May
3, 2008 and registered in the Local Civil Registry of Legazpi City as
evidenced by her Certificate of Live Birth issued by the National Statistics
Office hereto attached as Annex “B” and is made an integral part of this
petition;

5. Agnes was born to parents Juana A. Villanueva and Rafael R.

Solano (Rafael for brevity). Her mother was never married to her father
at the time she was born and has never been married as evidenced by a
certification issued by the National Statistics Office hereto attached as
Annex “C” and is likewise made an integral part of this petition;

6. Since Agnes was born out of wedlock then she is an illegitimate

child of Juana and Rafael;

7. However, at the time of Agnes’ birth, she was acknowledged by

her father. Hence, the surname indicated in her birth certificate is the
same as that of the father;

8. However, Rafael and Juana’s relationship turned sour and did

not consummate into marriage. Agnes was barely two months old when
Rafael decided to leave Juana and his child;

9. After such time and up to the present, Rafael failed to take up

his responsibilities as a father to his child on matters of financial,
physical, emotional and spiritual concerns and doesn’t even
acknowledge his own child in public as though he was ashamed of her.
They are only related by blood and ends at that, as he was never been a
father to Agnes in every sense of the word;

10. It is of common knowledge to the people who knew Juana

that she has never been married and that there was no one who stood
as a father to her child all these years. The child was raised by Juana
alone. They never knew or only a few of them actually know the identity
of her child’s father and even the child herself didn’t even know him;

11. Hence, it bears a great confusion to the general public as to

why the child bears a different surname from her mother. The child felt
like an outcast from her mother and the rest of her relatives as though
she does not belong to the family because of the difference in the
surname;

12. The mother and child were and will always be propelled with
questions as to why their surnames are different and you could only
imagine the great deal of embarrassment and ridicule that may be felt by
SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS
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both the mother and the child every time the circumstance is being
explained to other people;

13. They had to explain, with utmost awkwardness and

discomfiture, as to why the child is bringing a different surname when
she has no father. This brings a negative impact on the child emotionally
and not to mention the legal implications and troubles she may
encounter in the future because of her different surname;

14. If only Agnes will have a surname the same with that of her
mother, all of these will be avoided and any other legal complications in
the future will be evaded;

15. In the case of Republic of the Philippines vs. Julian Edward

Emerson Coseteng-Magpayo, G.R. No.189476, February 2, 2011, the
Supreme Court ruled that:

“ A person can effect a change of name under Rule 103

(CHANGE OF NAME) using valid and meritorious grounds
including (a) when the name is ridiculous, dishonorable or
extremely difficult to write or pronounce; (b) when the
change results as a legal consequence such as legitimation;
(c) when the change will avoid confusion; (d) when one
has continuously used and been known since childhood by a
Filipino name, and was unaware of alien parentage; (e) a
sincere desire to adopt a Filipino name to erase signs of
former alienage, all in good faith and without prejudicing
anybody; and (f) when the surname causes
embarrassment and there is no showing that the
desired  change  of name was for a fraudulent purpose
or that the change of name would prejudice public
interest.” emphasis supplied.

16. Avoiding confusion and undue embarrassment on the part of

both the mother and especially the child is the main thrust of this petition
and solely filed in furtherance of the best interests of the minor child
Agnes. Thus, it is covered under Rule 103 of the rules of court;

17. This petition is not in any way filed to mislead the public or for
any other fraudulent purposes and does not in any way prejudice public
interest;

PRAYER

SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS
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WHEREFORE, in view of the foregoing, it is respectfully prayed of

this Honorable Court, after due notice, publication and hearing to grant
this Petition and render a decision ordering the public respondents to
cause the change of name of minor child from AGNES V. SOLANO to
AGNES VILLANUEVA.

Such other relief just and equitable under the premises is likewise
prayed for.

March 12, 2015. Legazpi City, Philippines

E.S.P.I.T.E.D. LAW OFFICES

(Escabarte Sarip Papa Itao Takahashi Enriquez & Deveraturda)
nd
ANST Building 2 Floor, Washington Drive,
Legazpi City;(032) 253-1000
espitedlaw@yahoo.com

By:

SITTIE AIYNNA SARIP

PTR No. 123456; 1/2/15; Legazpi City
IBP OR No. 654321; 1/2/15; Legazpi City
MCLE Compliance No. IV-202020; 6/2/13
Attorney Roll No. 54321

SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS
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VERIFICATION & AFFIDAVIT

OF NON-FORUM SHOPPING

I, Juana A. Villanueva, of legal age, Filipino, single and with

residential address at Brgy. 1 Em’s Barrio, Legazpi City, after been duly
sworn to in accordance with law do hereby depose and state, that:

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

2. I have caused the preparation of the foregoing Petition, have

read the allegations therein and verify that the same are true and correct
based on my own personal knowledge and/or on authentic records;

3. I have not commenced any action or filed any claim involving

the same or similar issues in any other court, tribunal or quasi-judicial
agency, including the Court of Appeals and the Supreme Court or any
division thereof and to the best of my knowledge, no such other action or
claim is pending therein. If I should learn hereafter that the same or
similar action or claim has been filed or is pending, I shall report that fact
within five (5) days from such knowledge to this Honorable Commission;

4. I am executing this affidavit in order to attest to the truth of

the foregoing;

IN WITNESS WHEREOF, I have hereunto affixed my signature this

th
12 day of March 2015 at the City of Legazpi, Philippines.

JUANA A. VILLANUEVA

SUBSCRIBED AND SWORN TO before me this 12 th day of March

2015 at the City of Legazpi, Philippines. Affiant is personally known to
the notary.

Doc. No. _____; ATTY. JUAN DELA CRUZ

Page No. _____; NOTARY PUBLIC LEGAZPI CITY
Book No. _____; UNTIL DECEMBER 31, 2015
Series of 2015 PTR No.0254395;1/2/15; LEGAZPI City
IBP Lifetime Member No. 06785
Attorney Roll No. 12345

SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS
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References:

 Scribd.com
 http://sc.judiciary.gov.ph/
 Special Proceedings (A foresight to the Bar Exam and Practice of Law) 2015,
3rd Edition, by Gem Lito L. Festin
 Rules of Court

SPECIAL PROCEEDINGS
RULE 103: CHANGE OF NAME
REPORTERS: ELOISA A. DELGADO AND FRANCES LOUISE S. DOLOIRAS