Vous êtes sur la page 1sur 5

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


10th JUDICIAL REGION
BRANCH ____
CAGAYAN DE ORO CITY

IN THE MATTER OF CORRECTION


OF THE CERTIFICATE OF LIVE BIRTH
WITH REGISTRY NO. 3455 (E-79)
IN THE CIVIL REGISTRY

LANIE JANDAYAN SARILLA


Petitioner,

SP. PROC NO. ________


-versus-

THE LOCAL CIVIL REGISTRY


OF CAGAYAN DE ORO CITY
AND ALL PERSONS/ENTITIES
WHO/WHICH MAY BE
AFFECTED THEREBY,
Respondents.
x------------------------------------------------x

PETITION

COMES NOW, Petitioner LANIE JANDAYAN SARILLA, by the


undersigned counsel and unto this Honorable Court most
respectfully alleges, that:

1. Petitioner is of legal age, married to Rodney Mendoza


Sarilla, with residence located at Barangay 1, Malaybalay
City, Bukidnon. Petitioner may be served with orders,
summons and other court processes through the
undersigned counsel with office address at 2nd floor,
Jamstar Building, San Isidro corner Judge Carillo Sts.,
Barangay 5, Malaybalay City, Bukidnon.

1
2. Respondent, City Civil Registrar, is a public officer mandated
to perform the civil registration function including
cancellation/correction of entries in the civil registry of the
City of Cagayan de Oro where the fact of birth of Petitioner
was registered, whose office is located at 1st Floor,
Administrative Building, City Hall, Cagayan de Oro City, where
it may be served with summons and other legal processes;

3. Petitioner was born at the City of Cagayan de Oro, Misamis


Oriental as evidenced by a Certificate of Live Birth issued by
the City Local Civil Registry of Cagayan de Oro with Registry
No. 3455 (I-79). A copy of the Certificate of Live Birth is
hereto attached as Annex “A”;

4. In the petitioner’s Certificate of Live Birth with Registry No.


3455 (I-79)., her date of birth was written in figures as “April
19, 1979” instead of June 19, 1972;

5. Sometime on the year 1994, petitioner tried to apply as a


member with the Social Security System (SSS), however, SSS
refused to approve the application since according to the
SSS the petitioner’s Certificate of Live Birth has an erasure;

6. Thinking that there might be something wrong with the


details of petitioners Certificate of Live Birth, petitioner dig
up some details. Petitioner went to the Office of the City
Civil Registrar but there was no available record in her name
with the date of birth April 19, 1972;

7. Eventually, petitioner found out her Certificate of


Dedication wherein it was indicated that her date of birth is
June 19, 1972. Attached herewith is a copy of the Certificate
of Dedication in the name of the petitioner as Annex “B”
and shall form an integral part of this petition;

8. Petitioner then asked two of their former neighbors Teresita


Collera and Teresita delos Santos and they confirmed that
the petitioner’s true and correct date of birth is June 19,
1972. Attached herewith is a copy of the Affidavit of Two
Disinterested Persons executed by Teresita Collera and
Teresita Delos Santos and shall form an integral part of this
petition as Annex “C”;

9. Since the time the petitioner discovered that her true and
correct birth of date is June 19, 1979, she continued to use
the same in her official documents;
2
10. When the petitioner got married on July 26, 1996, her
date of birth was printed also as “June 19, 1979”. A copy of
Certificate of Marriage with Registry No. 96-1928 is
attached hereto as Annex “D”;

11. Also, in the Social Security System records of the


petitioner, it was indicated therein that her date of birth is
June 19, 1972. Also attached is a copy of the Certification
dated August 29, 2012 and shall form an integral part of
this petition as Annex “E”;

12. Moreover, in the Personal Date Sheet of the petitioner,


she indicated therein that her date of birth is June 19, 1972
manifesting that it is her true and correct date of birth.
Attached herewith is a copy of the Petitioner’s Personal
Data Sheet and shall form an integral part of this petition
as Annex “F”;

13. In order to correct the aforementioned erroneous entry


in the petitioner’s Certificate of Live Birth, Petitioner hereto
files the instant Petition pursuant to Rule 108 of the Revised
Rules of Court;

14. 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.”

15. 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.”

WHEREFORE, premises considered, it is most respectfully


prayed of this Honorable Court that the instant petition be
GRANTED and an Order be issued directing the herein respondent
to correct Entry No. ________, particularly the date of birth of the
petitioner in the petitioner’s Certificate of Live Birth from April 19,
1979 to June 19, 1972.

Other reliefs and remedies available under the premises are


likewise prayed for.

3
25 January 2019. Malaybalay City for the Cagayan de Oro City.

RESPECTFULLY SUBMITTED.

LAGAMON AND ASSOCIATES LAW OFFICE


2nd Floor, Jamstar Bldg., corner
Judge Carillo-San Isidro St.
Brgy 5 Poblacion, Malaybalay City Bukidnon
Counsel for the Petitioner

By:

DENCE CRIS L. RONDON


Member of the Bar
PTR No. 8154304/03-JAN-2019
IBP No. 62183/04-JAN-2019
ROLL of Attorney’s No. 67495
TIN 496-556-017-000
MCLE Compliance No. VI-00011647

4
Republic of the Philippines }
Malaybalay Ctiy, Bukidnon } S.S.

VERIFICATION AND CERTIFICATION


OF NON-FORUM SHOPPING

I, LANIE J. SARILLA, of legal age, married, Filipino, and a resident


of Barangay 1, Malaybalay City, Bukidnon, after having been duly sworn
to in accordance with law, hereby depose and say:

1. That, I am the Petitioner in the above entitled Petition;


2. That, I have caused the preparation and filing of the foregoing
Petition;
3. That, I have read and understood the same and the allegations
stated therein are true and correct based on my personal
knowledge and authentic records;
4. That, I also CERTIFY that I have not initiated nor commenced
any other action or proceeding involving the same issues
before the Supreme Court, The Court of Appeals, or any
division of said Courts, and of any other tribunal, agency or
bodies of the Government, and should I later learn or come
into knowledge of an action or proceeding involving the same
issues being brought or pending in the Supreme Court, the
Court of Appeals, or any of its division, or in another tribunal
or agency of the Government, I shall inform or notify the said
Court or agency within five (5) days hereof.
IN WITNESS WHEREOF, I have hereunto set my hands this
____ day of _______ 2018, in Malaybalay City, Bukidnon, Philippines.

LANIE J. SARILLA
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of
______ 2018 at Malaybalay City, Bukidnon, Philippines. Affiant
exhibited to me his proper identification. I HEREBY CERTIFY that I
have personally examined the affiant and I am satisfied that she
voluntarily executed and understood this affidavit.

Doc No. ____


Page No. ____
Book No. I
Series of 2018