You are on page 1of 9

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
CITY OF CALOOCAN
BRANCH 121

IN THE MATTER OF PETITION


FOR CORRECTION OF ENTRY
FOR THE CERTIFICATE OF LIVE
BIRTH OF PATRICIA CAMILLE
GIMENA WITH REGISTRY NO.
91-9449 AND THE
CANCELLATION OF CERTIFICATE
OF LIVE BIRTH OF PATRICIA
CAMILLE GIMENA WITH
REGISTRY NO. 2001-12086

PATRICIA CAMILLE GIMENA


DELA CRUZ,
Petitioner,
-versus-

LORENZA CRUZ GIMENA,


ZORAHAIDA GIMENA OGATA,
KATRINA PAULA GIMENA
DURAN FAJARDO, ZABRINA
PAULA GIMENA DURAN
CASTILLO, AND CIVIL
REGISTRAR OF CALOOCAN AND
ALL PERSONS/ENTITIES WHICH
MAY BE AFFECTED THEREBY,
Respondents.

x-------------------------------------------x

MOTION FOR RESETTING

Petitioner, thru counsel, unto this Honorable Court, respectfully


states that:

1. A Order for Republication was issued by this Honorable Court to


notify all interested parties in the case at bar;

2. A raffle was made for the Republication and the same was
awarded to SEARCHERS WEEKLY NEWSPAPER on February 22,
2021;
3. After contacting SEARCHERS WEEKLY NEWSPAPER, Petitioner
was informed that no publication was made;

4. SEARCHERS WEEKLY NEWSPAPER informed Petitioner that they


were unable to receive the Order for publication, that is why they
were unable to complete the publication;

5. In view of the foregoing, Petitioner respectfully requests this


Honorable Court for the Resetting of the scheduled hearing on
November 18, 2021;

6. Petitioner also respectfully request of the said Order dated


_________ to be furnished to SEARCHERS WEEKLY NEWSPAPER for
the same to complete the publication

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court that the Scheduled hearing on November 11,
2021 be reset.

Other reliefs and remedies available under the premises are


likewise prayed for.

Valenzuela City, November 18, 2021.

ATTY. CRISTOPHER JON DR. REYES


Counsel for the Applicant
27 Little Baguio Street, Marulas,
Valenzuela City
cristopherjonreyes@gmail.com
09985385601
Roll No. 71475
IBP No. 137508
PTR No. 7012642
Issued on Jan. 4, 2021
MCLE Compliance No. VI – 0024228
Valid until April 14, 2022
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
CITY OF CALOOCAN
BRANCH 121

IN THE MATTER OF PETITION


FOR CORRECTION OF ENTRY
FOR THE CERTIFICATE OF LIVE
BIRTH OF PATRICIA CAMILLE
GIMENA WITH REGISTRY NO.
91-9449 AND THE
CANCELLATION OF CERTIFICATE
OF LIVE BIRTH OF PATRICIA
CAMILLE GIMENA WITH
REGISTRY NO. 2001-12086

PATRICIA CAMILLE GIMENA


DELA CRUZ,
Petitioner,
-versus-

LORENZA CRUZ GIMENA,


ZORAHAIDA GIMENA OGATA,
KATRINA PAULA GIMENA
DURAN FAJARDO, ZABRINA
PAULA GIMENA DURAN
CASTILLO, AND CIVIL
REGISTRAR OF CALOOCAN AND
ALL PERSONS/ENTITIES WHICH
MAY BE AFFECTED THEREBY,
Respondents.

x-------------------------------------------x

AMENDED PETITION

Petitioners, thru counsel, unto this Honorable Court, respectfully


state that:

1. Petitioner, PATRICIA CAMILLE GIMENA-DELA CRUZ, is of legal


age, Filipino, married to Patrick C. Dela Cruz, and with postal
address at #18 Prk 1 Gugo, Calumpit Bulacan;
2. Respondent Lorenza Cruz Gimena, is of legal age, Filipino, married
to Teodula Gimena Sr., and with postal address at #18 Merriales
St., Abalos, Marulas, Valenzuela City;

3. Respondent Zorahaida Gimena Ogata, is of legal age, Filipino,


married, and with postal address at Shizuoka Ken, Shizuoka Shi
Aoiku Tomoe Cho 32-1 Maison Branche 205, Japan;

4. Respondent Katrina Paula Gimena Duran Fajardo, is of legal age,


Filipino, married, and with postal address at 64 JP Rizal St.,
Calumpang. Calumpit, Bulacan;

5. Respondent Zabrina Paula Gimena Duran Castillo, is of legal age,


Filipina, married, and with postal address at Blk 17 Lot 32 Phase 2
NV9 Iba O’Este, Calumpit Bulacan;

6. Respondent Local Civil Registrar of Caloocan City, is a public


officer mandated to perform the civil registration including the
cancellation/correction of entries in the civil registry of the City of
Caloocan where the fact of birth of Petitioner was registered,
whose office is located at Caloocan City Hall, General Luna Street,
Espina Street Corner, Caloocan, 1400 Metro Manila where they
may be served with summons and other court processes;

7. Petitioner’s parents namely, ZORAHAIDA C. GIMENA and DANILO


R. DURAN, were married on June 18, 1997 in Valenzuela City;

8. Petitioner has two(2) siblings namely, Katrina Paula Gimena


Duran Fajardo and Zabrina Paula Gimena Duran Castillo;

9. At the time of Petitioner’s birth, A Certificate of birth was issued


by Manila Central University Hospital along with Petitioner’s
Certificate of Live Birth;

10. The said Birth Certificate was not registered due to the fault
of the Petitioner’s father;

11. Soon after the birth of the Petitioner, her parents went their
separate ways.

12. Circumstances led Petitioner’s mother to work in Japan to


support her and her siblings;

13. During said time, Petitioner and her siblings were taken
care of and raised by her Grandparents, TEODULO GIMENA SR.
and LORENZA CRUZ GIMENA;
14. As a requirement to attend school, a Certificate of Live Birth
was needed by the Petitioner;

15. As Petitioner’s birth still remains unregistered, her


Grandparents were constrained to file for a late registration of her
birth;

16. As Petitioner’s mother was still in Japan and cannot come


back to the Philippines within a reasonable time, her
Grandparents made it appear that they were Petitioner’s parents
in the application of her Certificate of Live Birth;

17. What appears in Petitioner’s Certificate of Live Birth with


Registry No. 91-9449 is that, her father was TEODULO GIMENA
SR. while her mother was LORENZA CRUZ GIMENA, when in truth
and in fact, they were Petitioner’s Grandparents;

18. Petitioner’s Grandparents also supplied other material false


information as to facts and circumstances regarding petitioner’s
birth to make it appear that she was their daughter;

19. Based on the misrepresentation made by Petitioner’s


grandparents, the following are the errors and inaccuracies found
in Certificate of Live Birth with Registry No. 91-9449, to wit:

Erroneous Entries Correct Information


Entry 1 – Name
Patricia Camille Cruz Gimena Patricia Camille Gimena
Entry 4 – Place of Birth
Velasco Ext., Kalookan City, MCU-FDTMF Hospital Caloocan
Metro Manila City
Entry 6 – Mother’s Maiden
Name
Lorenza Arellano Cruz Zorahaida Cruz Gimena
Entry 9 – Father’s Name
Teodulfo Javillana Gimena N/A
Entry 10 – Father’s
Nationality N/A
Filipino
Entry 11 – Father’s Religion
Catholic N/A
Entry 12 – Date and Place of
Marriage of Parents
July 6, 1963 – Manila N/A
Entry 13 – Certificate of
Attendant at Birth
Name in Print
N/A Leniza E. Ultra, MD

Title or Position
N/A Ob-Gyne

Address
Present whereabouts unknown MCU-FDTMF Hospital Caloocan
City
Date
N/A April 16, 2001
Entry 17 – Weight at Birth
3125 3425
Entry 18 – Birth order of child
Tenth Third
Entry 19a - Total Number of
Children Born Alive
10 3
Entry 19b – How many
children are now living
including this birth?
10 3
Entry 21 – Mother’s Age at the
time of this Birth
42 21
Entry 23 – Father’s Usual
Occupation
Employee N/A
Entry 24 – Father’s Age at the
time of this Birth
52 N/A
Entry 25 – Attendant of Birth
4. Hilot 1. Physician

20. When Petitioner’s mother, ZORAHAIDA C. GIMENA,


returned from Japan, she sought the correction of the initial
registration of Petitioner’s Certificate of Live Birth;

21. As such, Petitioner’s mother filed for an application for the


late registration of Petitioner’s Certificate of Live Birth and was
issued by the Office of the Civil Registrar of Caloocan City a
Certificate of Live Birth with Registry No. 2001-12086;

22. From the foregoing circumstances, Petitioner currently has


TWO (2) Certificate of Live Births under her name;
23. Teodula Gimena Sr., petitioner’s grandfather and her
registered father in Certificate of Live Birth with Registry No. 91-
9449 is already deceased;

24. Petitioner’s father, Danilo R. Duran, did not acknowledge


petitioner as her daughter;

25. Petitioner now comes seeking this Honorable Court to grant


her prayer for the correction of her initial Certificate of Live Birth
with Registry No. 91-9449 which contains incorrect information
as to her filiation and the cancellation of Certificate of Live Birth
with Registry No. 2001-12086;

26. Attached to the petiton are the following documents, to wit:

Annex “A” Certificate of Live Birth with Registry No. 91-9449


Annex “B” Certificate of Live Birth with Registry No. 2001-12086
Annex “C” Baptismal Certificate
Annex “D” Certificate of Birth from MCU-FDTMF
Annex “E” Certificate of Marriage of Patrick C. Dela Cruz and
Patricia Camille Gimena
Annex “F” Advisory of Marriage of Zorahaida Cruz Gimena
Annex “G” Affidavit of Zorahaida Cruz Gimena
Annex “H” Death Certificate of Teodula Gimena Sr.

WHEREFORE, premises considered, it is most respectfully prayed


for, that after due notice, publication and hearing, judgment be rendered
as follows, to wit:

1. Ordering the Local Civil Registrar of Caloocan City and the Civil
Registrar General / Philippine Statistics Authority to make the
necessary corrections in the Certificate of Live Birth of Patricia
Camille Gimena with Registry Number 91-9449, to wit;

Erroneous Entries Correct Information


Entry 1 – Name
Patricia Camille Cruz Gimena Patricia Camille Gimena
Entry 4 – Place of Birth
Velasco Ext., Kalookan City, MCU-FDTMF Hospital Caloocan
Metro Manila City
Entry 6 – Mother’s Maiden
Name
Lorenza Arellano Cruz Zorahaida Cruz Gimena
Entry 9 – Father’s Name
Teodulfo Javillana Gimena N/A
Entry 10 – Father’s
Nationality N/A
Filipino
Entry 11 – Father’s Religion
Catholic N/A
Entry 12 – Date and Place of
Marriage of Parents
July 6, 1963 – Manila N/A
Entry 13 – Certificate of
Attendant at Birth

Name in Print
N/A Leniza E. Ultra, MD

Title or Position
N/A Ob-Gyne

Address
Present whereabouts unknown MCU-FDTMF Hospital Caloocan
City
Date
N/A April 16, 2001
Entry 17 – Weight at Birth
3125 3425
Entry 18 – Birth order of child
Tenth Third
Entry 19a - Total Number of
Children Born Alive
10 3
Entry 19b – How many
children are now living
including this birth?
10 3
Entry 21 – Mother’s Age at the
time of this Birth
42 21
Entry 23 – Father’s Usual
Occupation
Employee N/A
Entry 24 – Father’s Age at the
time of this Birth
52 N/A
Entry 25 – Attendant of Birth
4. Hilot 2. Physician

2. Ordering the Local Civil Registrar of Caloocan City and the Civil
Registrar General / Philippine Statistics Authority to cancel the
Certificate of Live Birth of Patricia Camille Gimena with Registry
Number 2001-12086.
Other reliefs and remedies available under the premises are
likewise prayed for.

Valenzuela City, September 24, 2019

ATTY. CRISTOPHER JON DR. REYES


Counsel for the Petitioner
27 Little Baguio Street, Marulas,
Valenzuela City
Tel. No. 2934048 / 4453588
Roll No. 71475
PTR No. 5872711
Issued on Jan. 3, 2019 at Valenzuela City
MCLE Compliance No. VI – 0024228
Valid until April 14, 2022

You might also like