REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

12th Judicial Region
Branch __
Iligan City

IN THE MATTER OF
PETITION FOR
CANCELLATION OF THE
CERTIFICATE OF LIVE BIRTH
OF PRECILA B.
ELUMBARING WITH
REGISTRY NO. 92-273

PRECILA B. MONTEBON
Petitioner,

– versus – SPL. PROC. Case No.

_____

THE MUNICIPAL CIVIL

REGISTRAR AND ALL
PERSONS/ENTITIES WHO/WHICH
MAY BE AFFECTED THEREBY,
Respondents.
x-------------------------------------------------x

PETITION
PETITIONER, through the undersigned counsel, and unto this
Honorable Court, most respectfully states that:

1. Petitioner is of legal age, Filipino, single and a resident of

Poblacion, Kauswagan, Lanao del Norte. Petitioner may be served
with orders, summons and other court processes through the
undersigned counsel with office address at Poblacion, Bacolod, Lanao
del Norte.
 2. Respondent, Municipal Civil Registrar, is a public officer
mandated to perform the civil registration function including
cancellation of entries in the civil registry of the Municipality of
Bacolod, Lanao del Norte, where the fact of birth of Petitioner was
registered, whose office is located at New Municipal Building, Purok
3, Poblacion, Bacolod, Lanao del Norte, where summons and other
legal processes may be served.

3. Petitioner was born on August 12, 1992, however, her

record of birth was registered twice.

4. The first registration was through a Certificate of Live

Birth with Registry No. 92-273 under the name of one Precila Bugas
Elumbaring registered at the Office of the Civil Registrar of Bacolod,
Lanao del Norte, A copy of the said Certificate of Live Birth with
Registry No. 92-273 is hereto attached and marked as Annex “A”.

5. The second registration was through a delayed

registration of Certificate of Live Birth with Registry No. 2004-564
under the name of one Precila Bugas Montebon received at the Office
of the Municipal Civil Registrar of Bacolod, Lanao del Norte.

6. The first Certificate of Live Birth (Annex “A”) contains

the following information:

Name: Prescila Bugas Elumabring

Sex: Female
Date of birth: 12 August 1992
Place of Birth: Bacolod, Lanao del Norte
Type of Birth: Single
Multiple Birth: Second
Mother’s Name: Evy Subrabas Bugas
Father’s Name: Noel Guimiguing Elumbaring

7. The second Certificate of Live Birth (Annex “B”), which

Petitioner had been using, contains the following information:

Name: Prescila Bugas Montebon

Sex: Female
pg. 2
 Date of birth: 12 August 1992
Place of Birth: Poblacion, Bacolod, Lanao del Norte
Type of Birth: Single
Mother’s Name: Arlene Subrabas Bugas
Father’s Name: Dulcesimo Rico Montebon Jr.

8. Petitioner had been using the second Certificate of Live

Birth (Annex “B”) for her personal, official and business transactions
every time said document is needed and/or required.

9. It was only recently, when Petitioner applied for an

immigration visa at the US Embassy in Manila, that Petitioner was
informed that there appeared two records of birth relating to her.
When she was required to ask for additional copy of her birth, the
personnel of Philippine Statistic Authority ( “PSA” for brevity)
informed the petitioner that her Certificate of Live Birth one with
surname Montebon was blocked;

10. The delayed registration of Petitioner’s birth with the

office of Respondent under Registry No. 2004-564 has the basis in
fact was actually the biological daughter of the Spouses Montebon,
the first registration, having no basis as to the real birth of the
petitioner.

11. and a timely registration was in fact recorded at the

Office of the Civil Registrar of _________ evidenced by a Certificate of
Live Birth (Annex “A”).

12. Being the first registration, the first Certificate of Live

Birth bearing Registry No. __________ takes precedence over the
second Certificate of Live Birth bearing Registry No. ___________.

13. The errors, however, contained in the first Certificate of

Live Birth may be corrected to reflect the correct information relating
to the birth of Petitioner.

14. Furthermore, the existence of Petitioner’s second birth

certificate at the records of public respondent may affect Petitioner’s
pg. 3
birth record or subject the convenient use of the same with certain
difficulties, considering Petitioner appears to have two (2) recorded
birth certificates.

15. The cancellation of the second Certificate of Live Birth of

Petitioner (Annex “B”) bearing registry No. ________ from the
records of public respondent would put in order Petitioner’s birth
records and eventually facilitate and expedite Petitioner’s intention to
correct erroneous entries in his first Certificate of Live Birth.

16. Under Section 1, Rule 108 of the Rules of Court, “any

person interested in any act, event, order or decree concerning the civil
status of persons which has been recorded in the civil register, may file a
verified petition for the cancellation or correction of any entry relating
thereto, with the Court of First Instance [now Regional Trial Court] of the
province where the corresponding civil registry is located.”

17. Likewise, Section 2 of the same Rule provides that “upon

good and valid grounds, the following entries in the civil register may be
cancelled or corrected: (a) births; x x x.”

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable

Court that this instant Petition be GRANTED, and to order the
cancellation from the records of the public respondent, the Municipal
Civil Registrar of ________, the Certificate of Live Birth of Petitioner
bearing Registry No. ____________.

Other reliefs just and equitable and remedies available under

the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

_____________, Philippines, September 4, 2017.

Counsel for the Petitioner

pg. 4
Copy furnished:

pg. 5