REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 7th Judicial Region Branch 25 Danao City
IN THE MATTER OF CORRECTION OF ENTRIES CORRESPONDING TO THE BIRTH RECORD OF JOVER HORTELANO AS TO THE SURNAME OF THE CHILD FROM JOVER PUGOY TO JOVER POGOY AND AS TO THE SURNAME OF THE FATHER FROM CELESTINO PUGOY TO CELESTINO POGOY
Sp. Proc. No.-
JOVER HORTELANO, Petitioner, -versusTHE LOCAL CIVIL REGISTRAR OF CARMEN, CEBU and the NATIONAL STATISTICS OFFICE Through the Administrator CARMELITA N. ERICTA, Respondent,
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PETITION COMES NOW the Petitioner, by the undersigned counsel and unto this Honorable Court, respectfully avers that: 1. Petitioner is 30 years of age, married, Filipino and a resident of Poblacion, Carmen, Cebu, Philipines;
2. Respondent is a government official whose functions include the custody of birth records as well as registration thereof. Respondent is holding office at Municipal Hall Compound, Poblacion, Carmen, Cebu, Philippines where summons and other court processes can be served;
3. Petitioner was born on December 8, 1980 in Carmen, Cebu and duly recorded in the Local Civil Registry of Carmen, Cebu as evidenced by the Certificate of Birth issued by the Local Civil Registrar of Carmen, Cebu herein attached as Annex “A”;
4. Petitioner has made himself known to the public for the past thirty (30) years and continues to do so as JOVER POGOY, as shown by his school diploma. Attached herein and made integral part of this Petition is his Secondary Diploma issued by Carmen National High School marked as Annex “B”;
5. Recently, Petitioner secured an authenticated copy of his birth record from the National Statistics Office. Attached and made an integral part of this Petition is the Certificate of Live Birth of JOVER C. POGOY marked as Annex “C”;
6. To the dismay of the herein Petitioner, it appears that there were errors in the entry of his record, particularly: Surname of the Child Surname of the Father of the Child
: :
JOVER PUGOY CELESTINO PUGOY
7. After the discovery of the erroneous entries in his birth record, Petitioner secured a birth certificate from the Carmen Civil Registrar’s Office and the same errors were discovered;
8. In order to avoid confusion and to straighten the entries in his birth record, Petitioner filed this instant Petition in order to have the erroneous entries rectified and further reflect his correct surname and the surname of his father which should be entered as: Surname of the Child Surname of the Father of the Child
: JOVER POGOY : CELESTINO POGOY
9. Petitioner ahs no derogatory record in his character as evidenced by the clearances issued by the proper authorities herein attached as Annex “D”, “E”, “F”, “G”, “H”, and “I”, respectively;
PRAYER WHEREFORE, it most respectfully prayed that, after the due notice and publication, and hearing, this Honorable Court adjudge and order herein Respondent to effect the rectification of the Birth Record of JOVER C. POGOY pertaining to the entries in the surname of the child from JOVER C. PUGOY to JOVER C. POGOY and the surname of the father from CELESTINO PUGOY to CELESTINO POGOY.
Other reliefs just and equitable under the circumstances are likewise prayed for. RESPECTFULLY SUBMITTED. August 4, 2014. Danao City, Cebu Philippines.
DEPARTMENT OF JUSTICE PUBLIC ATTORNEY’S OFFICE
Danao City District Office COUNSEL FOR PETITIONER By:
MARISSA M. BERING Public Attorney II Attorney’s Roll No. 88888 IBP No. 88888, 02.28.14, Cebu MCLE Compliance No. III-88888888/03.24.14
VERIFICATION and CERTIFICATION OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES} CITY OF DANAO…………………}SS X--------------------------------------------------------/ I, JOVER C. POGOY, after being sworn to in accordance with law, deposes and states: 1. That, I am the Petitioner in the above-entitled case; 2. That, I have caused the Petition to be prepared and has read the contents thereof; 3. That, the allegations therein are true and correct of own knowledge and authentic documents; 4. That, I have not therefore commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal, agency or hearing officer, to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal, agency or hearing officer; if I should learn thereafter that a similar action or proceeding has been filed or pending, I shall undertake to report such fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this August 04, 2014 in Danao City, Cebu, Philippines.
JOVER C. POGOY Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this August 04, 2014 in Danao City, Philippines. Affiant appeared and exhibited his Community Tax Certificate No. 27111827 issued on August 2, 2014 in Carmen, Cebu.
MARISSA M. BERING Public Attorney II (Subscribed pursuant to R.A. 9406)
Copy furnished via registered mail due to the distance of the offices: The Solicitor General Office of the Solicitor General 134 Amorsolo St., Legaspi Village Makati City, Philippines
Posted at __________ Posted on__________ Letter No.__________
The Local Civil Registrar of Carmen, Cebu City Hall Compound, Poblacion Carmen, Cebu
Posted at __________ Posted on__________ Letter No.__________
MS. CARMELITA N. ERICTA National Statistics Office 3/F Vibal Building, corner Times Street Quezon City
Posted at __________ Posted on__________ Letter No.__________
