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Regional Trial Court: Petition

The petitioner is requesting the cancellation of their second birth certificate which was registered incorrectly. They were born in Saudi Arabia but their mother registered a second birth certificate in the Philippines. They have been using their original Saudi birth certificate and now want the duplicate removed to clear up confusion. They cite the rules allowing cancellation of incorrect civil registry entries with valid grounds.

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Pyke Laygo
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206 views

Regional Trial Court: Petition

The petitioner is requesting the cancellation of their second birth certificate which was registered incorrectly. They were born in Saudi Arabia but their mother registered a second birth certificate in the Philippines. They have been using their original Saudi birth certificate and now want the duplicate removed to clear up confusion. They cite the rules allowing cancellation of incorrect civil registry entries with valid grounds.

Uploaded by

Pyke Laygo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Supreme Court
Third Judicial Region
Regional Trial Court
Branch ___
Balanga City, Bataan
-0O0-

IN THE MATTER OF
CANCELLATION OF THE
SECOND CERTIFICATE OF LIVE
BIRTH OF MAR JOSEPH
SIMPLINA SERRANO.

MAR JOSEPH SIMPLINA SP. PROC. NO. ______


SERRANO,

Petitioner,

vs.

PHLIPPINE STATISTICS
AUTHORITY and the LOCAL CIVIL
REGISTRAR OF BALANGA CITY,
BATAAN.

Respondents.

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

PETITION

THE PETITIONER, by the undersigned counsel and unto this


Honorable Court, most respectfully states:

1. That Petitioner is a Filipino, single, of legal age and a resident of 217


Elvinia St., Brgy. Dulong Bayan, Quezon, Nueva Ecija. For purposes
of this petition, petitioners may be served with all notices, orders,
and other processes thru the office address of the undersigned
counsel indicated below;
Page 2 of 5
IN RE: PETITION FOR CANCELLATION
OF SECOND CERTIFICATE OF LIVE BIRTH
RTC – Balanga City, Bataan
x--------------------------------------------------------x

2. That Respondents PHILIPPINE STATISTICS AUTHORITY, with


principal office address at One Cyberpod, EDSA Cor, Quezon
Avenue and the LOCAL CIVIL REGISTRAR OF BALANGA CITY,
BATAAN with office address at City Hall, Balanga City, Bataan
are both government agencies existing under Philippine Laws.
they may be served with summons and other processes of this
Honorable Court in the address given herein;

3. The Petitioner was born on 06 November 1993 in the Maternity and


Children’s Hospital in Jeddah, Kingdom of Saudi Arabia.1 His fact
of birth was reported on 27 December 1993 at the Philippine
Consulate in Jeddah, Kingdom of Saudi Arabia;

4. However, 21 January 1994, due to poor advice of certain individuals


and without intention to circumvent the law, he was once again
registered by his mother, Josefina S. Serrano, before the Local Civil
Registrar of then the Municipality of Balanga, Bataan2 with Local
Civil Registry No. 94-240 by way of delayed registration;

5. Recently, he found out that both fact of births were registered in the
Philippine Statistics Authority which causes confusion on his official
documents;

6. He has been using the record of his birth in the Kingdom of Saudi
Arabia in his official documents such as his collegiate transcript of
records3;

7. In order to rectify this situation, the Petitioner is now beseeching the


kind indulgence of this Honorable Court to have his second
Certificate of Live Birth be cancelled;

8. Section 2, Rule 108 of the Revised Rules of Court states, to wit;

Section 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)
marriage; (c) deaths; (d) legal separations; (e)
judgments of annulments of marriage; (f)

1 Annex A – First Certificate of Live Birth


2 Annex B - Second Certificate of Live Birth
3 Annex C – Transcript of Grades from Adamson University
Page 3 of 5
IN RE: PETITION FOR CANCELLATION
OF SECOND CERTIFICATE OF LIVE BIRTH
RTC – Balanga City, Bataan
x--------------------------------------------------------x

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 a
minor; and (o) changes of name.

9. That the double entry in the civil registry were all innocently,
unintentionally, and inadvertently made;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court


that an order be issued directing the Local Civil Registrar of Balanga City,
Bataan and the Philippine Statistics Authority to cancel the Certificate of Live
Birth of the Petitioner which was registered and received by the Local Civil
Registrar of Balanga City on 21 January 1994 with Local Civil Registry No.
94-240.

Petitioner prays for such other reliefs as may be just and equitable in
the premises.

Orion, Bataan for Balanga City.

ATTY. HOSPICIO I. LAYGO, JR.


Petitioner
IBP No. 059065/01-04-2019- Oriental Mindoro
PTR No. 9521172/01-04-2019 - Calapan City
Roll of Attorneys No. 59679
MCLE Compliance No. V-0020478, April 28, 2016
LAYGO LAW OFFICE
2/F, EDR Building, #2 Santos St,
San Vicente, Orion, Bataan
Mobile Phone Nos.: (Globe) 09772300781/(Smart) 09291196280
E-mail:[email protected]

VERIFICATION AND CERTIFICATION


Page 4 of 5
IN RE: PETITION FOR CANCELLATION
OF SECOND CERTIFICATE OF LIVE BIRTH
RTC – Balanga City, Bataan
x--------------------------------------------------------x

REPUBLIC OF THE PHILIPPINES)


Province of Bataan ) S.S.
City of Balanga )
x-----------------------x

I, MAR JOSEPH SIMPLINA SERRANO, of legal age, Filipino,


single, and a resident of 217 Elvinia St., Brgy. Dulong Bayan, Quezon,
Nueva Ecija, after being sworn in accordance with law, hereby depose and
say:

That I am the Petitioner in the above-entitled case; That I have caused


the preparation of the above Petition and I have read the same and knows
the contents thereof; That the allegations contained therein are true and
correct of my own personal knowledge.

That I further certify that: I have not theretofore commenced any other
action or proceeding or filed any claim involving the same issues or matter in
any court, tribunal, or quasi-judicial agency and, to the best of my
knowledge, no such action or proceeding is pending therein; if I should
thereafter learn that the same or similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or quasi-judicial agency, I undertake to report such fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this


_____________ at Balanga City, Bataan, Philippines.

MAR JOSEPH SIMPLINA SERRANO


Affiant

SUBSCRIBED AND SWORN to before me, this _____________, by


_____________ who exhibited to me his LTO Driver’s License No. CO5-15-
014842 issued by the Land Transportation Office with expiry date on 06
November 2023.

NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of ______;

EXPLANATION
Page 5 of 5
IN RE: PETITION FOR CANCELLATION
OF SECOND CERTIFICATE OF LIVE BIRTH
RTC – Balanga City, Bataan
x--------------------------------------------------------x

The foregoing Petition is being served on the other parties by


registered mail in view of the impracticability of personal service due to
distance and lack of personnel to effect such service.

ATTY. HOSPICIO I. LAYGO, JR.


Copy Furnished via registered mail:

THE LOCAL CIVIL REGISTRAR


City Hall, Balanga City, Bataan

OFFICE OF THE SOLICITOR GENERAL


Amorsolo St., Legaspi Village,
Makati City

PHILIPPINE STATISTICS AUTHORITY


17th Flr. Cyber Pod Centris Eton Three
EDSA, Quezon City

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