(Ue ome REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION CALOOCAN CITY - BRANCH 125, IN THE MATTER OF PETITION FOR THE CANCELLATION OF LIVE BIRTH OF MA. JOSEFA AUSTRIA LEDESMA WITH | LOCAL CIVIL REGISTRY NO. 91-3916, | MA. JOSEFA A. LEDESMA UMALI, Petitioner, -versus- ‘SPEC. PROC. NO. 5535 (2018) For: Cancellation of Certificate of Certificate of Live Birth LOCAL CIVIL REGISTRAR (KALOOKAN) and PHILIPPINE STATISTICS AUTHORITY, Respondents. x SUMMISSION The undersigned, respectfully submits the attached Judicial Affidavit of petitioner witness, NELIA ORTEGA, in the above entitled-case. Respectfully Submitted. Makati City for Caloocan City, October 21, 2019. BAYAUA & ASSOCIATES LAW OFFICES Counsel for the Petitioner 3rd Floor Gonzalez Building #1888 Orense Street, Guadalupe Nuevo, Makati City Tel Nos. (02) 750-4439; (02)881-7629 PTR No. 817628 07] Makati City Roll No, 47842 MCLE Compliance No. vyeeztar April 11, 2019 Page 1 of 2COPY FURNISHED: ACP ARMANDO H. CAVALIDA Office of the City Prosecutor Caloocan City Email: attymardycavalida@gmail.com THE BRANCH CLERK OF COURT REGIONAL TRIAL COURT Branch 125 Caloocan City EXPLANATION That the foregoing SUBMISSION is being served throug card due to the distance and lack of manpower to effect per Page 2 of 2REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION CALOOCAN CITY BRANCH 125 IN THE MATTER OF PETITION FOR THE CANCELLATION OF LIVE BIRTH OF MA. JOSEFA AUSTRIA LEDESMA WITH LOCAL CIVIL REGISTRY NO. 91-3916. MA. JOSEFA A. LEDESMA UMALI, Petitioner, -versus- SPEC. PROC. NO. 5535 (2018) For: Cancellation of Certificate of Certificate of Live Birth LOCAL CIVIL REGISTRAR (KALOOKAN) and PHILIPPINE STATISTICS AUTHORITY, Respondents. JUDICIAL AFFIDAVIT OF NELIA ORTEGA (IN LIEU OF DIRECT TESTIMONY) NELIA ORTEGA, of legal age, Filipino, and residing at 1363 Basilio Street Sampaloc, Manila Brgy. 518, and whose testimony is being offered for the following purposes, to wit: (1) To corroborate the testimony of the petitioner; 1|Page(2) To prove that she personally knows Ma. Josefa Ledesma Umali; (3) To identify certain documents and to testify the details required; and (4) To such other matters relative to the petition. PRELIMINARY STATEMENT The person interrogating me is Atty. Jorico Favor Bayaua with office address at 3! Floor Gonzalez Bldg., 1888 Orense Street, Guadalupe Nuevo, Makati City. The Interrogation was held at my counsel’s office as indicated above. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. QUESTION AND ANSWER Ql. Ms. Witness, do you know the petitioner, Ma. Josefa Austria Ledesma-Umali (hereinafter, “Ma. Josefa”)? A1. Yes sir. Q2. Why do you know her? A2.I am her distant relative sir, being related to the late mother of Ma. Josefa. Q3. By the way what is the name of her late mother that you are referring to? A3. Antonina Austria Ledesma. Q4. What do you know about Ma. Josefa, if any? A4. I know that Ma. Josefa was born on September 12, 1968 at Del Pilar, Caloocan City, to Nicanor Ledesma(hereinafter, “Nicanor’) and Antonina Austria (hereinafter, “antonina’). QS. How do you know such fact? AS. I was with Antonina, as a maid when Ma. Josefa was already 4 years old and I have watched her grow up and up to the present, considering that I am still staying with the sister of Ma. Josefa. Q6. What is the name of the sister ? 6. Fides Rodora Ledesma. Q7. Where are Nicanor and Antonina now? A7. Nicanor and Antonina passed away on March 4, 1991 and April 20, 1988, respectively. Q8.Do you have proof that Nicanor and Antonina have passed away? A8. Yes, sir, their Certificates of Death. Q9.1 have here the Certificates of Death of Antonina Austria Ledesma and Nicanor Ledesma, which were pre-marked as Exhibits “Xx” and _“Y”, respectively, are these the documents you mentioned? AQ. Yes, sir. Q10.When Antonina and Nicanor passed away, what happened, if any? A10. Also in 1991, Ma. Josefa was applying for a job at Duty Free - Paranaque City, where she was required to submit her Certificate of Live Birth. When Ma. Josefa, however, applied for a Certificate of Live Birth, she was informed by the NSO (now, PSA) that she has no record of birth.Qll. All. Q12. Al2. Q13. Al3. Q14. Al4. Q1s. A15. Q16. Al6. How did you come to know that she has no record of birth? Ma. Josefa in front of me personally told me and at that time she was crying. When Ma. Josefa had no record of birth with the PSA, and at the same time she was crying infront of you what happened, if any? I advise her to ask help. She asked from her auntie, on the other details relative to her application for late registration. What is the name of her Auntie? Emerenciana Myrna Austria Casillano. After Ma. Josefa asked for help from her auntie, what happened, if any? After complying with the requirements of the PSA, the application of Ma. Josefa for late registration of birth was given due course, and she was issued a Certificate of Live Birth under Registry No. 91-3916 of the LCR-Caloocan City. After Ma. Josefa was issued a Certificate of Live Birth under Registry No. 91-3916 of the LCR-Caloocan City, what happened, if any? She had been using the details in the said Certificate of Live Birth under Registry No. 91-3916 of the LCR- Caloocan City in all her records and transactions. By the way, Ms. Witness, do you know why you are here today? Yes, sir, I am here to help Ma. Josefa regarding her problem with her Birth Certificate because it would appear that there was an earlier record of her birth,which Ma. Josefa was not aware of at the time she applied for late registration of her birth. As per PSA, there is a need to cancel the Certificate of Live Birth under Registry No. 91-3916 of the LCR-Caloocan City since there is double registration of birth. QI7. Since there is a need to cancel Certificate of Live Birth under Registry No. 91-3916 of the LCR-Caloocan City, what way you advise to Ma. Josefa? A17. I, together with Emerenciana Myrna Austria Casillano and Mercedes Pambid executed a Joint Affidavit to attest to the late registration of birth of Ma. Josefa, as well as to the truthfulness of the details indicated in Certificate of Live Birth under Registry No. 91-3916 of the LCR- Caloocan City. Q18.I have here a Joint Affidavit executed by Emerenciana Myrna Austris Casillano, Nelia Gabuna Ortega and Mercedes Pambid dated July 6, 2018, which was pre- marked as Exhibit “V’, is this the document you were referring to? A18. Yes, sir. Q19. Do you adopt the contents of your Joint Affidavit to form part of this Judicial Affidavit? A19. Yes, sir. Q20. In answering the questions asked of you above, do you confirm the truthfulness of all the Answers you have given? A20. Yes, sir. Q21. Also, do you confirm the genuineness and due execution of all the documents, which you identified in this Affidavit? A21. Yes, sir.Q22. Are you aware that you may be held liable for perjury for a false statement given and reflected in this Affidavit? A22. Yes, sir. Q23.Would you confirm my action in moving that this Affidavit be deemed your direct testimony? A23. Yes, sir. Manifestation: It is respectfully prayed that the Judicial Affidavit of Nelia Ortega be marked as Exhibit “DD”, and that the same form part of her Direct Testimony. Q24. I have no further questions, do you have other matters to add? A Fetes (abe GC Ope, o or NELIA ORTEGA) Affiant A24. None, sir. SUBSCRIBED AND SWORN TO before me_ this ‘ au Alpsey oz wanuf,. The affiant exhibiting to me her proof of identification, a/ photocopy of which is herein attached. Doc. No. KU Page No. @_, Book No. 5, Series of 2020. NCUENe, 002746 fsed oo Jan.2, 2 ops 202 Attestation I, ATTY. JORICO FAVOR BAYAUA, with office address at 3" Floor Gonzalez Bldg., 1888 Orense Street, Makati City attest under oath as follows: I personally conducted the interrogation of Nelia Ortega, a witness in SP Case No. C-5535 (2018) of the Regional Trial 6Court of Caloocan City, Branch 125. | faithfully recorded the questions I asked Ms. Ortega and the corresponding answers she gave me. Neither I nor any other person then present coached Ms. Ortega regarding ATISW > —_ ae) ATTY. JORICO FAVOR BAYAUA (be lifehme Member NO O41 SUBSCRIBED AND SWORN TO before me this oct 212000 at ‘The affiant exhibiting to me her proof of identification, a photocopy of which is herein attached. Doc. No. ’ Page No. ATTY. sual DAVID R. TABLANG : ; NG Book No. CLDQll| commie EU pEEIE fo: Mat cy : mmission Ho! M-163. until December Series of 2020. PTR No. 8122854 : 01/06/2000] Mekow coo 'BP No. 105357 : 01/07/2020 / Makati City Roll of Attorney: 42002 MCLE Compliance No. VI-0015377 2016 Magsaysay St., Brey. Guadalupe Nuevo, Makati Cityba Wedd BD A ] bel ira a ETSY 4. Corporatons vicatng RA.O04 shal be pons ' ‘ayia extort eons Caso aot phops prea omPUD BI DULY JORICO F. BAYAUA ato rey No, 47642 wr chaper QUEZON CITY same PUNAN (RET) No Master, But Law; No Guide, But Conscience; No Aim, But Justice. USTICE JL REYES . LIFETIME MEMBER ‘Signe ot MeterPage 1 of 1, 1 Copy coer btn eave "x" eo Ev wala eaten a gaa Gea vii ral itr BEBE. 3920 ee la (06520-58-009BRA-00723-D1004. | hia Wiae \. Prrvealy BESTPOSSLENAGE SSS LISA GRACE S. BERSALES, PhD. ‘National Statistician and Civil Registrar General 14000 EAT oe, a 1072077008A Gc Page 1 of 1, 1 Copy _ an ¢@ Exmen Repub OF ree PuLOMNES GERTIFICATE OF DEATH, h (0c conte, ees and pt Hope © OD N- Up los] ar Ee th gate a = = = > las ——— on, oecenst9 ——— Kite MoR TOT 18 CEWEK TTT IPARITA 5A MUNDO, UMAASEHSO WA TAYO. a hia trace 5. fervealay ‘BEST POSSIBLE MAGE AAU A pangs as LISA GRACE S. BERSALES, PhD. VIII» _cocarnentary _-—_‘Naloal Station and Gv Regia Genera Stamp Tax Paid Philippine Stasotcn AMPA tiexw" V" ay ft JOINT AFFIDAVIT Fun 2 V ny Hsia We, EMERENCIANA MYRNA AUSTRIA CASILLANO, of legal age and presently residing at Block 13, Lot 47, Phase 6 ACM Woodstock Homes, Carsadang Bago 2, Imus, Cavite, NELIA GABUNA ORTEGA, presently residing at 1363 Basilio St,, Sampaloc, Manila and MERCEDES C. PAMBID, presently residing at 1222 Miguelin St., Sampaloc, Manila, after having been duly sworn to in accordance with law hereby depose and state that: REPUBLIOQATHE PHILIFPINES —) o 1. We know personally MA. JOSEFA LESDESMA-UMALI, who was born on September 12, 1968 at Del Pilar, Kalookan City; 2. Her parents are Nicanor Ledesma and Antonina Austria, both are now deceased, having died on March 4, 1991 and April 20, 1988, respectively; 3. When she was applying for a job at Duty Free Parafiaque City, she was required to furnish a copy of her birth certificate as one of the requirements of her employment. Unfortunately, when she applied for a copy of her Birth Certificate before the NSO now PSA, she was informed that they could not find record of her Birth Certificate; 4, Because of her non-availability of Certificate of Live Birth with the NSO, now PSA, shé consulted us as to what to do, and as to what are the entries in her Certificate of Live Birth, considering that at the time of her late registration, her parents were already dead. 5. We advised her to cause a late registration of her birth since she has no Certification of Live Birth on record with the NSO, now PSA. Thus, she was constrained to apply for late registration of her Certificate of Live Birth before the NSO now PSA and was issued a Certificate of Live Birth; 6. For years, she had been using the certificate of live birth subject of the late registration. In fact, whenever she applies for a Certificate of Live Birth, she i being issued the Certificate of Live Birth subject of the late registration. 7. Thus, she was surprised when she applied for a Certificate of Live Birth sometime in 2017 when the Certificate of Live Birth issued to her was a different one, where her parents now appear to be Saturnino Aragon Abrera and Antonina Lacsi Austria, and her name appearing as Ma. Josefa Cabrera. 8. That the Birth Certificate of Maria Josefa Austria Cabrera and Ma. Josefa Ledesma-Umali are referring to one and the same person. However, the first birth certificate registered before the NSO have wrong entries like the name of her father and her last name; 9, That we are executing this affidavit in order to establish the fact that the date of birth the last name of Ma, Josefa is Ledesma and not Cabrera, and that her parents name are Nicanor Ledesma and Antonina Austria.10. We know the foregoing considering that We have known Ma. Josefa Ledesma- Umali, and her parents for more than thirty (30) years now. IN WITNESS WHEREOF, we have hereunto set our hands thil!| day of 2018 in the City of Makati, Philippines. ls i Ibn 6 6.x EMERENCIANA MYRNA AUSTRIA CASILLANO NELIA “GABUNA ORTEGA Affiant Affiant Meredboc: C Paved MERCEDES C. PAMBID ‘Affiant Jul 06 2008, SUBSCRIBED AND SWORN, to before me this _ day of, 2018 at Makati City, Philippines. is personally known to the notary public 15 was identified by notary public through Competent Evidence of Identity as defined by Rules of Notarial Practice of 2004, thru the presentation of the ff Drivers License No.. Passport No. a PRC No. TIN No. SSS ID No. co Company ID No. oO GSIS ID Ne a CTC No, 2 Postal ID No, Issued on. co OTHER/S. Issued in Doc No. ft ‘ Page No. ” Book Nott 1 Series of 2018, MCLE CU! iTUANCE NC #3)REPUBLIC OF THE PHILIPPINES ‘Unified Nut- Purpose 1D enn one dittestes Qu ERERENCKAWA MYRNA a aGaede Ura a ry fia)Page 1 of 1, 1 Copy ‘CERTIFICATE OF DEATH te casemate sg nh gi eee e772 ewe f Wy sQ, a hia, fice 4. terveale, ‘BEST POSSIBLE NAGE LISA GRACE S. BERSALES, Ph.D. ‘National Statistician and Civil Registrar General 10000000, aoipa Has hed (8D) @ Page 1 of 1, 1 Copy ° .__Eewen yt 70 eeotmt eae) seroue CERTIFICATE "CF OEATH H (70 comp, seca an et for pene Gregus fr wala Dn voiced musenene, Lt O Beain °° Satelit 0. Fe te poe Praratee (SR BB province ‘cry MunicIPALITY a (74s porte ew betta on @ am tenet Lee Ct eet) gio OO gat eee, orceasto site a a il AMSICLOO 0 CERES IWAKITA SA HUNO, UMAASENSO NA TAYO, Siti “AP et eee (teas) l 06520-07-0098RA-00723-D1005 ] ‘BEST POSSIBLE IMAGE ‘TRORBBARANRPOTZ31 1072017005 InN Documentary Stamp Tax Paid haa Arae 4. frrvealoy LIGA GRAGE'S.BERSALES, PhD. National Stalstician and Gl Registrar General Paitpoine Sree AME annemexit" ay! JOINT AFFIDAVIT Fu: V ny oloolta, We, EMERENCIANA MYRNA AUSTRIA CASILLANO, of legal age and presently residing at Block 13, Lot 47, Phase 6 ACM Woodstock Homes, Carsadang Bago 2, Imus, Cavite, NELIA GABUNA ORTEGA, presently residing at 1363 Basilio St., Sampaloc, Mai and MERCEDES C. PAMBID, presently residing at 1222 Miguelin St, Sampaloc, Manila, after having been duly sworn to in accordance with law hereby depose and state that: REPUBLIQA:THE PHILIPPINES) Iss. 1. We know personally MA, JOSEFA LESDESMA-UMALI, who was born on September 12, 1968 at Del Pilar, Kalookan City; 2. Her parents are Nicanor Ledesma and Antonina Austria, both are now deceased, having died on March 4, 1991 and April 20, 1988, respectively; 3. When she was applying for a job at Duty Free Parafiaque City, she was required to furnish a copy of her birth certificate as one of the requirements of her employment. Unfortunately, when she applied for a copy of her Birth Certificate before the NSO now PSA, she was informed that they could not find record of her Birth Certificate; 4, Because of her non-availability of Certificate of Live Birth with the NSO, now PSA, she consulted us as to what to do, and as to what are the entries in her Certificate of Live Birth, considering that at the time of her late registration, her parents were already dead. 5. We advised her to cause a late registration of her birth since she has no Certification of Live Birth on record with the NSO, now PSA. Thus, she was constrained to apply for late registration of her Certificate of Live Birth before the NSO now PSA and was issued a Certificate of Live Birth; 6. For years, she had been using the certificate of live birth subject of the late registration. In fact, whenever she applies for a Certificate of Live Birth, she is being issued the Certificate of Live Birth subject of the late registration. 7. Thus, she was surprised when she applied for a Certificate of Live Birth sometime in 2017 when the Certificate of Live Birth issued to her was a different one, where her parents now appear to be Saturnino Aragon Abrera and Antonina Lacsi Austria, and her name appearing as Ma, Josefa Cabrera. 8 That the Birth Certificate of Maria Josefa Austria Cabrera and Ma. Josefa Ledesma-Umali are referring to one and the same person. However, the first birth certificate registered before the NSO have wrong entries like the name of her father and her last name; 9. That we are executing this affidavit in order to establish the fact that the date of birth the last name of Ma. Josefa is Ledesma and not Cabrera, and that her parents name are Nicanor Ledesma and Antonina Austria,10.We know the foregoing considering that We have known Ma. Josefa Ledesma- Umali, and her parents for more than thirty (30) years now.. IN WITNESS WHEREOF, we have hereunto set our hands thil!| 2018 in the City of Makati, Philippines. day of he jel Nha 6 6.25 EMERENCIANA MYRNA AUSTRIA CASILLANO NELIA GABUNA ‘ORTEGA Affiant Affiant Mercer C. Pawebid MERCEDES C. PAMBID ‘Affiant JUL 06 2018, SUBSCRIBED AND SWORN, to before me this day of ____ 2018 at Makati City, Philippines. is personally known to the notary public 1 was identified by notary public through Competent Evidence of Identity as defined by Rules of Notarial Practice of 2004, thru the presentation of the f: a Drivers License No. Passport No, PRC No. OTIN No. SSS ID No. co Company ID No. a GSIS ID No, a CTC No. © Postal ID No, Issued on 0 OTHER/S. Issued in Doc No. Ti ‘ Page No. . 7 Book No.) i Series of 2018. nS) REPUBLIC OF THE PHILIPPINES 7 me 6 en on abet s Qu. ‘FRERENCTAMA mYRKR as susteaA seF poneenan NBDE rine aetr He eae‘OFFICE FOR SENIOR | ua Bt)