REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
City of Manila

In re: Petition for Correction of

Entries in the Certificate of Live Birth
of ELENA EREVE ESTONANTO

ELENA VELASCO y ESTONANTO,

Petitioner,

-versus- SP No. ____________

OFFICE OF THE CIVIL REGISTRY

OF THE CITY OF MANILA,
PHILIPPINE STATISTICS
AUTHORITY and OFFICE OF THE
NATIONAL STATISTICIAN AND
CIVIL REGISTRAR GENERAL,
Respondent.
x----------------------------------------------x

PETITION

PETITIONER ELENA VELASCO y ESTONANTO, by the

undersigned counsel and to the Honorable Court, most respectfully
avers: THAT --

I. NATURE OF THE PETITION

1. This is an action for the cancellation of the Certificate of

Live Birth of Elena Velasco y Estonanto, pursuant to Sections 1 and
2, Rule 108 of the Rules of Court which states that:

“Sec. 1. Who may file petition. - Any

person interested in any act, event, order
or decree concerning the civil status of
persons which has been recorded in the

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 civil register, may file a verified petition for
the cancellation or correction of any entry
relating thereto, with the Court of First
Instance (Regional Trial Court) of the province
where the corresponding civil registry is
located.

Sec. 2. Entries subject to cancellation or

correction. – Upon good and valid grounds,
the following entries in the civil register may
be cancelled or corrected: (a) births; (b)
marriages; (c) deaths; (d) legal separations;
(e) judgments of annulments of marriage; (f)
judgments declaring marriages void from the
beginning; (g) legitimations; (h) adoptions; (i)
acknowledgments of natural children; (j)
naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary
emancipation of minor; and (o) changes of
name.” (Emphasis and underscoring supplied)

II. THE PARTIES

2. Petitioner Elena Velasco y Estonanto (hereafter “Elena”)

is of legal age, Filipino, married and residing at Lakeshore Drive,
Lakeshore Homes, Tunasan, Muntinlupa City. However, for purposes
of the present action, Elena may be served with notices, orders and
other processes of this Honorable Court at the address of the
undersigned counsel hereunder indicated.

2.1. Elena is married to Reynaldo D. Velasco, thus, she

is now using the full name Elena Estonanto Velasco in her
personal, official and business transactions and she is also
identified in such name in this Petition. A copy of the Certificate
of Marriage of Elena and Reynaldo D. Velasco is attached and
made integral part hereof as Annex “A”.

3. Respondents Office of the City Civil Registry of the City of

Manila, Philippine Statistics Authority and Office of the National
Statistician and Civil Registrar General are the custodian of the
Certificate of Live Birth subject of the instant Petition and is
impleaded herein as a necessary and indispensable party being the
public office or public officer in-charge of the registration and

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cancellation or correction of entry in the civil registrar where the fact
of birth of the Petitioner is registered. Respondents may be served
with notices, orders and other processes of the Honorable Court
respectively at the following addresses:

Office of the Local Civil Registrar of the City of Manila

City Civil Registry Office, City of Manila

Philippine Statistics Authority

17th Floor, CyberPod Centris Eton Three,
EDSA, Quezon City

National Statistician and Civil Registrar General

2/F TAM Building, PSA Complex,
East Avenue, Diliman, Quezon City, 1101.

III. THE CAUSE OF ACTION

4. Elena was born to her parents, Dominador Escote

Estonanto and Paz Estabaya Ereve on 13 April 1962 in Pasong
Tamo, Makati City. The fact of her birth have been duly recorded with
the Office of the Civil Registry of Makati under Local Civil Registrar
722. A copy of her Certificate of Live Birth is attached and made
integral part hereof as Annex “B”.

5. All her life, Elena has been known as and has been using
the first name “Elena” in all her official records, only to eventually find
out that what was actually registered as her first name is “Purita”, the
first name of her godmother. To correct the error, Elena have already
filed a Verified Petition for Correction of Entries under Rule 108 of the
Rules of Civil Procedure before the Regional Trial Court of Makati
City, a copy of which is attached and made integral part hereof as
Annex “C”.

6. Only recently, when Elena applied for a Visa or authority

to travel into another country was she advised to secure a certified
true copy of her Certificate of Live Birth from the Philippine Statistics
Office. In so doing, Elena discovered that another Certificate of Live
Birth containing her data insofar as her name, date of birth, name of
mother and father, age of mother and father at the time of birth and
religion, exists under Registry No. 96-77357 of the Local Civil
Registry of the City of Manila. A copy of the Certificate of Live Birth
with Registry No. 96-77357 is attached and made integral part hereof
as Annex “D”.

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 7. While some of the data in the subsequent Certificate of
Live Birth are incorrect and may be the subject of a petition for
correction thereof, the same must instead be cancelled considering
that the true record of birth of Elena have already been recorded with
the Local Civil Registry of Makati under Registration No. 722 (c.f.
Annex “B” hereof.)

8. It appears from the face of the Certificate of Live Birth

with Registry No. 96-77357 that Elena’s mother, Paz Estonanto
caused the late registration of the fact of birth of Elena on 25
September 1996 as shown by the Affidavit for Delayed Registration of
Birth executed by the latter, a copy of which is attached and made
integral part hereof as Annex “E”.

9. However, as to why her mother caused the late

registration of her fact of birth cannot be explained by Elena since
both her parents are now deceased.

10. Thus, the instant petition for the cancellation of the

Certificate of Live Birth with Registry No. 96-77357 from the Local
Civil Registry of the City of Manila as the continuous stay of the same
in the records of the Public Respondents may affect not only the birth
records of Elena but also her personal and official transactions as she
appears to have two (2) recorded certificates of live birth.

PRAYER

WHEREFORE, premises considered Petitioner prays unto the

Honorable Court to grant this petition by ordering the Public
Respondents Local Civil Registrar of the City of Manila, Philippine
Statistics Authority, Office of the National Statistician and Civil
Registrar General to cancel from their records the Certificate of Live
Birth of Elena Ereve Estonanto bearing the Registry No. 96-77357.

Other measures of relief just and equitable are also prayed for.

24 April 2017. Pasig City for City of Manila.

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 SURTIDA & HERNANDEZ
ATTORNEYS-AT-LAW
Counsel for the Petitioner
Unit 6-G Strata 100 Bldg.,
F. Ortigas Jr. Ave., Road,
Ortigas Center,
1600 Pasig City
Tel. No. (632) 636-6030
Telefax No. (632) 632-0273
Email: attys@hsglegal.com

By:

VENUS A. TORBELA
Roll of Attorneys No. 55899
PTR No. 2512777; 01/04/17; Pasig City
IBP No. 1055720; 01/04/17; RSM
MCLE Compliance No. V-0016978; 3/16/16

Copy furnished by Personal Delivery:

CITY CIVIL REGISTRAR OF THE CITY OF MANILA

City of Manila

PHILIPPINE STATISTICS OFFICE

17th Floor, CyberPod Centris Eton Three,
EDSA, Quezon City

NATIONAL STATISTICIAN
and CIVIL REGISTRAR GENERAL
2/F TAM Building, PSA Complex,
East Avenue, Diliman, Quezon City, 1101

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