Republic of the Philippines

REGIONAL TRIAL COURT

8th Judicial Region
Branch __
Catbalogan City

IN THE MATTER OF
CORRECTION OF ENTRIES IN
THE RESPECTIVE
CERTIFICATES OF LIVE
BIRTHS (MIDDLE AND LAST
NAMES, ETC.) OF: (1) CARIZA
BELDA CAJEPE; (2) NIKKI
BELDA CAJEPE; (3) RICA-AN
BELDA CAJEPE; AND (4)
JUDILYN BELDA CAJEPE, ETC.
AS APPEARING IN THE
RECORDS OF BIRTHS OF THE
LOCAL CIVIL REGISTRY OF
DARAM, SAMAR, AND THE
NATIONAL STATISTICS
OFFICE, MANILA, TO: (1)
CARIZA CAJEPE DANDAY; (2)
NIKKI CAJEPE DANDAY; (3)
RICA-AN CAJEPE DANDAY;
AND (4) JUDILYN CAJEPE
DANDAY, ETC.

SP. PROC. NO. ____

RITA CAJEPE-DANDAY,
Petitioner,

-versus-

THE OFFICE OF THE LOCAL

CIVIL REGISTRAR, DARAM,
SAMAR and THE NATIONAL
STATISTICS OFFICE, MANILA,
Respondents.
x--------------------------------------------x

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 PETITION

UNTO THE HONORABLE COURT, petitioner thru counsel most respectfully

avers that:

1. Petitioner is of legal age, married to Nicanor Danday, Filipino and

with residence at Brgy. Bagacay, Daram, Samar, where court

processes may be served at;

2. Respondents are impleaded herein as nominal parties being

government creations responsible for the registration of births and

depository of birth certificates, among other things;

3. On 08 December 1988, petitioner and her husband Nicanor Danday,

of their own free will and accord, and in the presence of the

solemnizing the marriage and of the two witness, took each as

husband and wife in Subic, Zambales, as evidenced by a photocopy

of their Marriage Contract secured on 25 November 2008 attached

as Annex “A” and “A-1” and made a part hereof;

4. Months after their marriage, petitioner and her husband returned to

Brgy. Bagacay, Daram, Samar, and were subsequently blessed with

children, all born in said barangay, viz:

NAME OF CHILD DATE OF BIRTH

CARIZA 31 OCTOBER 1989

RICA-AN 02 APRIL 1991

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 NIKKI 04 SEPTEMBER 1998
JUDILYN 13 JULY 1996

5. Failing to timely register the births of said children due to lack of

instruction and negligence, petitioner was compelled to lately register

the same on 18 September 2000 as far as Judilyn, Nicki and Rica-an

are concerned and on 01 March 2004 with regards to Cariza, all

surnamed Belda Cajepe with the Office of the Local Civil Registrar,

Daram, Samar, photocopies of said certificates of birth hereto

attached as Annexes “B”, “C”, “D” and “E” and made a part hereof;

6. In all said birth certificates mentioned in the immediately preceding

paragraph, particularly Entry/Column No. 18 thereof (date and plate

of marriage of parents), it appears to be “not married”; or that

petitioner and her husband are unmarried; and that said couple

executed an “Affidavit of Acknowledgment/Admission of Paternity”;

7. Verily, the petitioner’s desired legitimation cannot be processed since

petitioner and her husband had been married on 08 December 2008

at Subic, Zambales, supra, as evidenced by a photocopies of the

certificate dated 05 September 2007 and feedback form of herein

respondent Office of the Local Civil Registrar, hereto attached as

Annexes “F” and “G” and made a part hereof;

8. To avoid confusion and to put in order the petitioner’s children’s

respective birth certificates, it is imperative that Entry/Column No. 18
(Date and Place of Marriage of Parents) now a part of the records of
respondent National Statistics Office be accordingly
corrected/changed to “08 December 1988 Subic, Zambales” and
henceforth, their first name, middle and last names (Entry/Column

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 No. 1) as appearing in the birth certificates, being legitimate children,
should be corrected to read as follows:

FROM: TO:

CARIZA BELDA CAJEPE CARIZA CAJEPE DANDAY;

RICA-AN BELDA CAJEPE CARIZA CAJEPE
DANDAY;
NIKKI BELDA CAJEPE NIKKY CAJEPE DANDAY;
JUDILYN BELDA CAJEPE JUDILYN CAJEPE
DANDAY;

and that the “Affidavit of Acknowledgment/Admission of

Paternity” executed by petitioner and her husband be cancelled
accordingly for being without force and effect, or for being moot and
academic in view of their lawful subsisting marriage;

9. The petition is made in good faith and never intended to avoid

criminal, civil and administrative obligations nor to defraud the

government, its agencies and instrumentalities, and third persons,

but solely due to the reasons herein set forth.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed that after due

notice, publication and hearing, an Order be issued indicating the necessary and

material corrections or changes in : petitioner’s above-named children’s Certificates of

Live Birth (Annex “A and “A-1”), as follows:

1) Entry/Column No. 1:

FROM: TO:

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 CARIZA BELDA CAJEPE CARIZA CAJEPE DANDAY;
RICA-AN BELDA CAJEPE CARIZA CAJEPE
DANDAY;
NIKKI BELDA CAJEPE NIKKY CAJEPE DANDAY;
JUDILYN BELDA CAJEPE JUDILYN CAJEPE
DANDAY;

2) Entry /Column No. 18 (Date and Place of Marriage of Parents) “not

married” to “08 December 1988 Subic, Zambales; and

3) The “Affidavit of Acknowledgment/Admission of Paternity”

executed by petitioner and her husband be cancelled accordingly for

being without force and effect.

It is likewise prayed that the Administrator and Civil Registrar General, National

Statistics Office, Manila, be directed forthwith to issue a new Certificate of Live Birth in

favor of said petitioner’s children containing the amended/corrected/cancelled entries

above-indicated, in coordination with the Office of the Local Civil Registrar, Daram,

Samar.

Other reliefs and remedies are prayed for.

Catbalogan City, 05 January 2009.

MEDINO L. ACUBA
Counsel for the Petitioner
299 Curry Avenue
Catbalogan City
IBP O.R. No. 644846 01.02.09 Samar
PTR No. 7439317 1/06/09 Samar
Roll of Attorneys No. 36781
MCLE Compliance No. II-0008488

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Cc: (By personal service):

The Office of the Provincial Prosecutor

Catbalogan City, Samar

(By registered mail)

The Office of the Solicitor General

134 Amorsolo St., Legaspi Village,
Makati City

R.R. No. _________

Issued at Catbalogan Post Office
Catbalogan City
On _____________

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 FORMAL OFFER OF DOCUMENTARY EXHIBITS

PETITIONER by counsel and unto the Honorable Court formally offers her

documentary exhibits with respective purposes as follows:

EXHIBITS “A” to “G”, inclusive, were already offered in compliance with

jurisdictional requirements and admitted by the Honorable Court per Order dated

20 September 2007;

EXHIBIT “H” - NSO Certificate of Live Birth;

“H-1” - Name of petitioner Jowen Latoja Ortiz;

“H-2” - Local Civil Registry No. 10;

PURPOSE: To prove that petitioner’s registered given name in said

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 Exhibit is JOWEN.

EXHIBIT “I” - Certificate of Baptism dated 14 June 2007;

“I-1” - The name Armida L. Ortiz;

“J” - Katunayan issued by Paaralang Sentral ng

Catbalogan II dated 30 March 1984;

PURPOSE: To prove that petitioner’s baptismal given name is ARMIDA

in contrast to her registered name JOWEN.

EXHBIT “K” - Katunayan issued by the Samar State

Polytechnic College dated 23 March 1988;

“K-1” - The name Armida Jowen Ortiz;

“L” - Official Transcript of Records from the South-

Western University, Cebu City;

“L-1” - The name Armida Jowen L. Ortiz;

“M” - NBI Clearance dated 25 April 2007;

“M-1” - The name Armida Jowen Ortiz de la Cruz;

“N” - Contract of Employment with Multimed Indust-

ries dated 09 March 1998;

“N-1” - The name Armida Jowen Ortiz de la Cruz;

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 “O” - Certificate of Marriage;

“O-1” - The name of Armida Jowen L. Ortiz.

PURPOSE: To prove that during and after her high school studies and

until the present, petitioner openly, continuously and in

utmost good faith used and presented and continuously uses

and presents her person to society with the given names

ARMIDA JOWEN and not JOWEN nor ARMIDA.

The foregoing exhibits also form part and parcel of testimonies of

petitioner and her sole witness.

PRAYE R

PREMISES CONSIDERED, it is respectfully prayed of the Honorable

Court that the foregoing documentary exhibits with their respective purposes be

ADMITTED.

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 The Local Civil Registrar
Jiabong, Samar

The Chief
Court Decrees/Legal Instrument Division
National Statistics Office, 3/F Vibal Bldg., cor. Times St. & EDSA
West Triangle, Quezon City

as evidenced by registry receipts hereto attached and made a part hereof.

VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING

I, JOWEN LATOJA ORTIZ-DE LA CRUZ, under oath, depose and state: that –

I am the petitioner in the above-entitled petition; I have caused the preparation

of the foregoing petition; that I have read and understood the allegations contained
herein and that the same is true and correct to the best of my knowledge and belief.

To the best of my knowledge, I have not commenced any other action or

proceeding involving the same subject matter of this petition before any other court,
tribunal or agency, and if I should later learn of the pendency of such action or
proceeding, I undertake to inform the Honorable Court of such fact within five (5) days
from knowledge thereof.

JOWEN LATOJA ORTIZ-DE LA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of June 2007 at

Catbalogan, Samar, affiant exhibiting to me her Community Tax Certificate No.
_______________ issued at Catbalogan, Samar, on _________________.

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Copies of the Petition were served by registered mail to:

10. However, in said Certificate of Live Birth issued by the National

Statistics Office, Manila, specifically Entry No. 2 thereof, it appears

that the sex/gender of petitioner was erroneously entered as male,

when she is truly a female as evidenced by the medical certificate

issued by Dr. Rodulf U. Mabulay, PHO 1, Chief of Hospital, Samar

Provincial Hospital, Catbalogan, Samar, dated 19 April 2007 and Utra-

Sound Result issued by Dr. Faustino Cinco, Cinco Family Clinic,

Catbalogan, Samar, dated 16 April 2007, photocopies of which are

hereto respectively attached as Annexes “B” and “C” and made a part

hereof;

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 C O M PLIAN C E

PETITIONER, through counsel, unto this Honorable Court, respectfully alleges

that pursuant to the Order of 14 September 2005, a copy of which was received on 21

September 2005, hereto respectfully manifests that copies of the petition and the annexes

thereon were served separately by registered mail (with return cards) to for their

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information and consideration as evidenced by registry return receipts hereto attached

with directive to the Postmaster, Philpost, Catbalogan, Samar, to return the same within

ten (10) days, if unserved.

IT IS RESPECTFULLY PRAYED that the foregoing “Compliance” be NOTED.

Catbalogan, Samar, 27 September 2005.

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erroneously marked as MALE instead of FEMALE, because petitioner is a female in truth
and in fact; and further, the given name of her mother (column/entry no. 6) was written
as CRISTINA (ACEDERA CHASON) only when in truth and in fact her full and
complete given name is MA. CRISTINA.

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