Republic of the Philippines

REGIONAL TRIAL COURT

Seventh (7th) Judicial Region
BRANCH 17
Cebu City

In re: Petition for Cancellation of

the registered Affidavit of
Legitimation in the Birth
Record of Meldie Rose
Mejares Raut at the Local Civil
Registrar of Cebu City,

MELDIE ROSE RAUT SY,

Petitioner,

- versus - SP. PROC. NO. R-CEB-

16-02711-SP

THE OFFICE OF THE LOCAL CIVIL

REGISTRAR OF CEBU CITY,
Respondent.
x-------------------------------------------/

Republic of the Philippines)

City of Cebu…………………….)S.s.

JU DI C IA L A FF ID A V IT

I, MELDIE ROSE RAUT SY, Filipino, 24 years old, single, and a

resident of Block 14, Lot 4, Northfield Residences, Canduman, Mandaue
City, Philippines, after having been duly sworn to in accordance with
law, hereby depose and say:

PRELIMINARY STATEMENT

The person examining me is Atty. Diana A. Velasco, with office

address at Torregosa Galeon Gravador & Tomaneng Law Offices, located
at Suite 210, 2nd Floor, The Walk, Cebu I.T. Park, Lahug, Cebu City. The
examination is being held at the same address.

Page | 1
 I am answering her questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.

Questions and Answers

(By Way of Direct Examination)

(Atty. Diana A. Velasco:)

Q1: Good morning, Ms. Sy!
(Meldie Rose Raut Sy:)
A1: Good morning, Attorney!

Q2: Are you the same Meldie Rose Raut Sy, the petitioner in this case?
A2: Yes, Atty., I am.

Q3: Why are you filing this case?

A3: I filed this case because I want to cancel the annotation
in my birth record at the Office of the Local Civil
Registrar of Cebu City pertaining to the registered Deed
of Legitimation executed by my parents, Victor A. Sy and
Arlene M. Raut, in my favor.

Q4: I am showing to you this Certificate of Live Birth of one Meldie

Rose Mejares Raut, attached as Annex “E” of the Petition. Could
you please point to me and read the annotation which you are
referring to?
A4: This portion at the bottom, Atty., which reads: (Pointing
and Reading:) “Remarks: Legitimated by subsequent
marriage of parents (Victor A. Sy, Filipino citizen &
Arlene Mejares Raut) on June 04, 2001 at Cebu City
under Reg. No. 2001-823, Page No. 43. The child shall be
known as: Meldie Rose Raut Sy.”

Counsel: A certified true copy of this document had already been

marked as EXHIBIT “F” for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q5: I will bracket the portion which you have just read, sub-mark it as
EXHIBIT “F-1” for the petitioner and attach a copy thereof to your
Judicial Affidavit. Will you confirm my actions?

Page | 2
 A5: Yes, Atty..

A6: What other document, if any, could you show to prove that the
said annotation pertaining to the registered Deed of Legitimation
executed by your parents in your favor really appears on your
birth record at the Office of the Local Civil Registrar of Cebu City?
A6: I have a copy of the Certification of Facts of Birth issued
by the Office of the Local Civil Registrar of Cebu City,
bearing the same “Remarks: Legitimated by subsequent
marriage of parents (Victor A. Sy, Filipino citizen &
Arlene Mejares Raut) on June 04, 2001 at Cebu City
under Reg. No. 2001-823, Page No. 43. The child shall be
known as: Meldie Rose Raut Sy.”

Counsel: Petitioner is referring to this Certification of Facts of Birth

of one Meldie Rose Mejares Raut, attached as Annex “F” of the
Petition. A certified true copy of this document had already been
marked as EXHIBIT “G” for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q7: I will bracket the portion which you have just read, sub-mark it as
EXHIBIT “G-1” for the petitioner and attach a copy thereof to your
Judicial Affidavit. Will you confirm my actions?
A7: Yes, Atty..

Q8: Would you know why there was a need for your parents to
execute such Deed of Legitimation in your favor?
A8: Yes, Atty.. As my parents explained to me, it was
because when I was born, they were not yet married.
Hence, in order to elevate my status from illegitimate to
legitimate child, they had to execute the said Deed of
Legitimation in my favor.

Q9: When were you born?

A9: I was born on 30 October 1992.

Q10: Where?
A10: At Cebu Puericulture Center and Maternity House, Inc.,
Cebu City.
Q11: What document could you show to prove that you were born on
30 October 1992 at Cebu Puericulture Center and Maternity House,
Inc., Cebu City, to parents Victor Amora Sy and Arlene Mejares
Raut?
A11: I have a copy of my Certificate of Live Birth issued by
the Office of the Local Civil Registrar of Cebu City.

Q12: I am showing to you this Certificate of Live Birth of one Meldie

Rose Mejares Raut, attached as Annex “A” of the Petition. Please go
over this document, and tell me what relation, if any, does this
document have to the one you have mentioned?
A12: This is the same, Atty..

Counsel: A certified true copy of this document had already been

marked as EXHIBIT “B” for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q13: I will attach a copy of your Certificate of Live Birth to your Judicial
Affidavit. Will you confirm my action?
A13: Yes, Atty..

Q14: When did your parents get married?

Q14: They got married on 4 June 2001 in a civil wedding
ceremony solemnized by the then Presiding Judge Hon.
Mamerto Y. Coliflores of the Municipal Trial Court in
Cities, Branch 1, Cebu City.

Q15: What document could you show to prove that your parents, Victor
Amora Sy and Arlene Mejares Raut, got married on 4 June 2001 in
a civil wedding ceremony solemnized by the then Presiding Judge
Hon. Mamerto Y. Coliflores of the Municipal Trial Court in Cities,
Branch 1, Cebu City?
A15: I have a copy of their Certificate of Marriage issued by
the Office of the Local Civil Registrar of Cebu City.

Q16: I am showing to you this Certificate of Marriage of one Victor A. Sy

and one Arlene M. Raut, attached as Annex “B” of the Petition.
Please go over this document, and tell me what relation, if any,
does this document have to the one you have mentioned?
 A16: This is the same, Atty..

Counsel: A certified true copy of this document had already been

marked as EXHIBIT “C” for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q17: I will attach a copy of your parents’ Certificate of Marriage to your

Judicial Affidavit. Will you confirm my action?
A17: Yes, Atty..

Q18: You mentioned earlier that your parents executed a Deed of

Legitimation in order to elevate your status from illegitimate to
legimate child. Do you have a copy of the said Deed of
Legitimation?
A18: Yes, Atty.. This one… (Handing over the document.)

Counsel: Petitioner is referring to this Deed of Legitimation dated

5 June 2001, attached as Annex “C” of the Petition. A certified true
copy of this document had already been marked as EXHIBIT “D”
for the petitioner during the initial hearing on 19 September 2016
in order to establish the jurisdictional facts.

Q19: I will attach a copy of this Deed of Legitimation to your Judicial

Affidavit. Will you confirm my action?
A19: Yes, Atty..

Q20: You also mentioned earlier that you filed this case because you
wanted to cancel the registered Deed of Legitimation in your birth
record at the Office of Local Civil Registrar of Cebu City. What
proof, if any, do you have to show that, indeed, the Deed of
Legitimation which your parents executed in your favor was
registered at the Office of Local Civil Registrar of Cebu City?
A20: This one, Atty… (Handing over the document.)

Counsel: Petitioner is referring to this Certificate of Registration

dated 26 January 2016 issued by the Office of Local Civil Registrar
of Cebu City, attached as Annex “D” of the Petition. A certified true
copy of this document had already been marked as EXHIBIT “E”
 for the petitioner during the initial hearing on 19 September 2016
in order to establish the jurisdictional facts.

Q21: I will attach a copy of this Certificate of Registration to your

Judicial Affidavit. Will you confirm my action?
A21: Yes, Atty..

Q22: Why do you want to cancel this registered Deed of Legitimation in

your birth record?
A22: Because the annotation pertaining to my Legitimation
was not, as it could not be, reflected on my birth record
available at the Philippine Statistics Authority (PSA).
According to the PSA, it is not Legitimation, but rather,
Acknowledgment under RA 9255 which applies to me.
And I cannot process yet for Acknowledgment under RA
9255 unless I first cause to be cancelled the registered
Deed of Legitimation in my birth record.

Q23: Do you have a copy of your birth record available at the Philippine
Statistics Authority (PSA) to show that, indeed, the annotation
pertaining to your Legitimation was not reflected therein?
A23: Yes, Atty.. This one… (Handing over the document.)

Counsel: Petitioner is referring to this Certificate of Live Birth issued

by the Philippine Statistics Authority (PSA), attached as Annex “G”
of the Petition. A certified true copy of this document had already
been marked as EXHIBIT “H” for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q24: I will attach a copy of your Certificate of Live Birth issued by the
Philippine Statistics Authority (PSA) to your Judicial Affidavit. Will
you confirm my action?
A24: Yes, Atty..

Q25: When did you learn that the annotation pertaining to your
Legitimation was not, as it could not be, reflected on your birth
record available at the Philippine Statistics Authority (PSA)?
A25: It was sometime in April 2016, when I requested for a
copy of my birth certificate at the Philippine Statistics
Authority (PSA).
Q26: Why did you request for a copy issuance of your birth certificate
at the Philippine Statistics Authority (PSA)?
A26: Because it’s one of the requirements for my upcoming
wedding this December 2016, Atty..

Q27: What was the result of your request?

A27: It could not be made available because it was
discovered that my father has “first marriage on
January 19, 1978 at Tubay, Agusan Del Norte”. In short,
it was denied.

Q28: What document could you show to prove that your request was
denied?
A28: I have a copy of the Feedback Form from the Philippine
Statistics Authority (PSA).

Q29: I am showing to you this Feedback Form dated April 15, 2016,
attached as Annex “H” of the Petition. Please go over this
document, and tell me what relation, if any, does this document
have to the one you have mentioned?
A29: This is the same, Atty..

Counsel: A certified true copy of this document had already been

marked as EXHIBIT “I” for the petitioner during the initial hearing
on 19 September 2016 in order to establish the jurisdictional
facts.

Q30: I will attach a copy of this Feedback Form to your Judicial

Affidavit. Will you confirm my action?
A30: Yes, Atty..

Q31: What can you say to the information stated in the Feedback Form,
to wit: “Father with first marriage on January 19, 1978 at Tubay,
Agusan Del Norte.”
A31: That is true, Atty.. My father’s first wife is Ely Abenion
Regala, but they had long been separated in fact since
1981 and had been living separate lives with their own
respective families for a long time now.
Q32: Would you know if this Ely Abenion Regala is still alive?
A32: Yes, she is still alive, Atty..

Q33: Would you know if your father and his first wife have formally
and legally dissolved their marriage?
A33: Unfortunately, I am not aware of any court decree
dissolving their marriage, Atty.. Hence, I presume that
their marriage is still existing.

Q34: What is the significance that the denial of your request?

A34: It means that per records at the Philippine Statistics
Authority (PSA), my name still remains to be “Meldie
Rose Mejares Raut” and not “Meldie Rose Raut Sy”,
which is my true and correct complete name. This is
because the annotation pertaining to my Legitimation
was not, as it could not be, reflected therein.

Q35: How would the fact that the annotation pertaining to your
Legitimation was not, as it could not be, reflected in your birth
record at the Philippine Statistics Authority (PSA) affect your
dealings and transactions with the government and other private
persons or entities?
A35: It may cause problems or complications in my future
dealings and transactions, Atty., such that I really want
my official records to be accurate and consistent. Like, if
I have children later on, the problem may be carried on
since I, their mother, was, in the records with PSA, still a
“Raut” when, in fact, I am already a “Sy” according to the
LCR. It’s better to set the records straight this early
before any complication arises.

Q36: So what did you do, if any, after you learned that your request for
copy issuance was denied?
A36: I contacted my lawyers and asked them for advice.

Q37: And what advice did they give, if any?

A37: After getting the facts and scrutinizing the documents,
my lawyers referred to the “Action Needed” per the
Feedback Form I received from the Philippine Statistics
Authority (PSA) regarding my request for copy issuance
of birth document. They told me that I should comply
 with the required Action to be taken. Specifically: “If the
first marriage is still existing, the process of legitimation
cannot be effected. RA 9255 / acknowledgment applies.
Please file a petition for cancellation of the registered
Affidavit of Legitimation through court before we process
RA 9255.” Thus, my lawyers told me that I should file a
Verified Petition in court in order to cancel the
registered Deed of Legitimation in my birth record at
the Office of the Local Civil Registrar of Cebu City.

Counsel: The entire paragraph labelled “Action Needed” in the

Feedback Form was bracketed and sub-marked as EXHIBIT “I-1”
for the petitioner.

Q38: Ms. Sy, I am showing to you this Petition consisting of five (5)
pages. Please go over this document, and tell me what relation, if
any, does this document have to the Petition which you have just
mentioned?
A38: This is the same, Atty..

Counsel: The Petition in this case had already been marked as

EXHIBIT “A”, collectively, for the petitioner during the initial
hearing on 19 September 2016 in order to establish the
jurisdictional facts.

Q39: On page 5 of your Petition, there is a signature over and above the
name Meldie Rose Raut Sy. Whose signature is this?
A39: This is my signature, Atty..

Q40: On the same page, Ms. Sy, there is a signature over and above the
name Atty. Chevrolie E. Maglasang-Isoto. Whose signature is this?
A40: This is the signature of the Notary Public, Atty.
Chevrolie E. Maglasang-Isoto.

Q41: Why do you know that this is her signature?

A41: Because she signed it in my presence.

Counsel: The names and signatures of Meldie Rose Raut Sy and Atty.
Chevrolie E. Maglasang-Isoto had been bracketed and sub-marked
as EXHIBITS “A-1” and “A-2”, respectively, for the petitioner
 during the initial hearing on 19 September 2016 in order to
establish the jurisdictional facts.

Q42: In filing this Petition, what are you asking from the Court?
A42: I pray that this Honorable Court issue an Order
directing the Office of the Local Civil Registrar of Cebu
City to cancel the registered Deed/Affidavit of
Legimation in my bith record so I can then proceed to
process for my Acknowledgment under RA 9255, per
PSA Feedback Form.

Q43: Is there anything else that you would like to say?

A43: None, for now, Atty.

IN WITNESS WHEREOF, I have affixed my signature this 4TH day

of November, 2016, at Cebu City, Philippines.

MELDIE ROSE RAUT SY

Affiant

SUBSCRIBED AND SWORN TO before me on the 4TH day of

November, 2016, at Cebu City, Philippines; Affiant exhibited to me her
TIN 313-868-975-000.

DIANA A.
VELASCO
NOTARIAL COMMISSION
NO.074-10
NOTARY PUBLIC FOR AND IN THE CITY
OF CEBU UNTIL DECEMBER 2017
TO R R EG O S A G AL EO N G R AVAD O R & TO M AN EN G
L AW O FFI C ES SUITE 210, 2ND FLOOR, THE WALK, CEBU I.T.
PARK, LAHUG, CEBU CITY MCLE COMPLIANCE NO. V-0006510;
02.27.14; PASIG CITY
PTR NO. 6666362; 01.12.16; CEBU
Doc. No. _______; CITY IBP NO. 1002882; 12.08.15;
CEBU ROLL OF ATTORNEYS’ NO.
Page No. ______; 57421
TIN
Book No. ______; 233.452.074.000
Series of 2016.
 ATTESTATION

I faithfully recorded the questions I asked MELDIE ROSE RAUT

SY and the corresponding answers she gave me; neither I nor any other
person then present coached the said MELDIE ROSE RAUT SY
regarding her answers.

ATTY. DIANA A. VELASCO

Affiant

SUBSCRIBED AND SWORN TO before me, a Notary Public for and

in the Province/City of Cebu, on the 4TH day of November, 2016, at
Cebu City, by the said Atty. Diana A. Velasco, who is the same person
who personally signed before me the foregoing Attestation and
acknowledged that she executed the same and exhibited to me her IBP
Membership Card with Attorneys’ Roll No. 57421 issued by the
Integrated Bar of the Philippines.

CH EV ROLIE E. MA GLASANG –
ISOTO
NOTARIAL COMMISSION NO.
072-10
NOTARY PUBLIC FOR AND IN THE CITY
OF CEBU
UNTIL DECEMBER
2017
TO R R EG O S A G AL EO N G R AVAD O R & TO M AN EN G
L AW O FFI C ES SUITE 210, 2ND FLOOR, THE WALK, CEBU I.T.
PARK, LAHUG, CEBU CITY MCLE COMPLIANCE NO. V-0006459;
Doc. No. _______; 02.27.14; PASIG CITY
PTR NO. 6666359; 01.12.16; CEBU
Page No. ______; CITY IBP NO. 1002876; 12.07.15;
CEBU ROLL OF ATTORNEYS’ NO.
Book No. ______; 57425
Series of 2016. TIN
244.203.101.000