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REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION
REGIONAL TRIAL COURT Baguio City Branch 3 IN THE MATTER OF THE CORRECTION OF ENTRIES AND CHANGE OF SURNAME UNDER REGISTRY NO. 2004-112 IN THE CERTIFICATE OF LIVE BIRTH OF JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD TATUM MARTINEZ, PARTICULARLY ENTRIES NUMBER 2-C, 3, 7, 8, 9, 11-A, 24, AND 23. JONGGO LLOYD TATUM (minor), represented by his mother DIVINA TATUM Petitioner, -versus-
SP. PROC. CASE
NO. 6541 For: Correction of Entries under Rule 108 and Change of Surname uncer Rule 103 of the Revised Rules of Court DOMINGO LLOYD MARTINEZ, LOCAL CIVIL REGISTRAR OF BAGUIO CITY, PHILIPPINE STATISTICS AUTHORITY, and the REPUBLIC OF THE PHILIPPINES, represented by the OFFICE OF THE SOLICITOR GENERAL, Respondents. x--------------------------------------------------------x
AMENDED
PETITION
The minor PETITIONER, represent by his mother, through the undersigned counsel, unto this Honorable Court, most deferentially states and asserts, that: THE PARTIES
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1.
The petitioner is a minor, 12 years of age, Filipino Citizen, and is represented by his biological and illegitimate mother. Both of them are residents of 8-D Private Road, Magsaysay Avenue, Baguio City, where they may be served with summons and other judicial processes of this Honorable Court;
2.
The public respondents, LOCAL CIVIL REGISTRAR OF BAGUIO CITY, with address at Baguio City Hall, City Hall Drive, Baguio City, and the CIVIL REGISTRAR GENERAL, PHILIPPINE STATISTICS AUTHORITY with address at East Avenue, Diliman, Quezon City are government agencies empowered to record births, marriages and deaths; and may be served with judicial processes of this Honorable Court at their respective aforestated addresses;
3.
The public respondent REPUBLIC OF THE PHILIPPINES represented by Office of the Solicitor General is empowered to represent the state with office addresses at 134 Amorsolo St., Legaspi Village, Makati City, where it may be served with summons, a copy of the petition and other judicial processes of this Honorable Court;
4.
Private respondent, DOMINGO LLOYD MARTINEZ, is the name appearing as father of the minor, JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD TATUM MARTINEZ, in the Certificate of Live Birth with registration no. 2003-112, and with address at Roman Ayson Road, 12 Sixto Gaerlan St., Baguio City, where he may be served with judicial processes of this Honorable Court; CAUSE OF ACTION
5.
For the guidance of this Honorable Court, the material facts surrounding this case are as follows:
6.
The petitioner is the minor JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD TATUM MARTINEZ (Herein after referred to as JONGGO LLOYD), represented by his biological and illegitimate mother DIVINA MUNSAYAC TATUM (Herein after referred to as DIVINA). Attached hereto is the Certificate of Live Birth of JONGGO LLOYD, with Registry Number 2004-112, marked as Annex “A” to form an integral part hereof;;
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7.
Both JONGGO LLOYD and DIVINA have been residents of the City of Baguio for the past 3 years. Moreover, both have been residents of 8-D Private Road, Magsaysay Avenue, Baguio City since the time of their birth. Attached hereto are the Certificates of Barangay Residency of JONGGO LLOYD and DIVINA, marked as Annexes “B” and “C” respectively, to form an integral part hereof;
8.
Neither JONGGO LLOYD nor DIVINA know, and cannot determine, the true illegitimate father of the former, because at the time when DIVINA conceived her one and only child JONGGO LLOYD, she had sexual relationships with different men;
9.
DIVINA gave birth to JONGGO LLOYD in their residence, assisted by her late mother who was known as a local midwife (Hilot);
10. When JONGGO LLOYD was one (1) year old, he was brought to visit private respondent DOMINGO LLOYD MARTINEZ’s (Hereinafter referred to as DOMINGO) residence for a visit. DOMINGO is the ex-lover of DIVINA, but both remain to be good friends. DIVINA agreed to leave her child under DOMINGO’s care for that day, as she needed to attend to something. However, without her knowledge and consent, JONGGO LLOYD was registered by DOMINGO before the Local Civil Registry of Baguio City. DOMINGO made himself the informant and held himself as the father of JONGGO LLOYD, causing erroneous entries in the latter’s certificate of live birth, which is now the subject of this petition; 11. In fact, in all merits of verity, DIVINA did not sign the certificate of live birth. It was DOMINGO who signed the certificate of live birth without the knowledge and consent of DIVINA; 12. JONGGO LLOYD has always been known by the public as using the surname TATUM, which is the surname of his mother. In fact, DIVINA enrolled her son in school as JONGGO LLOYD TATUM; and in records of the child, the name reflected is JONGGO LLOYD TATUM and not JONGGO LLOYD TATUM MARTINEZ. Attached hereto are the school records of JONGGO LLOYD TATUM, marked as Annexes “D” and “E” to form integral parts hereof;
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13. Subsequently, DIVINA was about to cause the registration of her son’s birth with the Local Civil Registrar, but did not do so as she found out from DOMINGO that her son has already been registered beforehand; 14. To the utter surprise of DIVINA, she found errors and inaccuracies in the Certificate of Live Birth in the records of the National Statistics Office showing erroneous entries, to wit: Erroneous entries:
CORRECT INFORMATION:
Entry 2-c. Mother’s Residence: 8-D Private Road, Roman Ayson Road, 12 Sixto Magsaysay Avenue, Baguio Gaerlan St., Baguio City City Entry 3. Name: Jonggo Lloyd Tatum Jonggo Lloyd Tatum Martinez Entry 7. Father’s Name: Unknown Domingo Lloyd Robles Martinez N/A Entry 8. Nationality: Filipino
Father’s
N/A Entry 9. Age at the time of birth: 35 years N/A Entry 11a. Occupation: Lawyer N/A Entry 24. Date and Place of Marriage of Parents: December 10, 2001 No Entry 23. Legitimate: Yes
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15. The erroneous entries in the Certificate of Live Birth were brought about by the fallacious assumption that DOMINGO is the father of the minor, JONGGO LLOYD, when in truth and in fact, the father is unknown and that no marriage between DIVINA and DOMINGO ever took place. Moreover, DIVINA remains to be unmarried up until now. Attached hereto is a copy of the Certificate of No Record of Marriage, marked as Annex “F” to form an integral part hereof; 16. The erroneous entries in the Certificate of Live Birth with Registry No. 2004-112 were brought about by honest mistake, miscommunication, misunderstanding and inadvertence, which are neither intended to mislead nor to confuse the public; 17. In order to correctly settle the records of birth of JONGGO LLOYD TATUM, and to avoid any confusion and misrepresentation to the public, it is necessary that the erroneous entry appearing in the Certificate of Live Birth with Registry No. 2004-112 be corrected.
PRAYER WHEREFORE, 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 Baguio City and the Civil Registrar General of the Philippine Statistics Authority to make the necessary change of surname and corrections in the Certificate of Live Birth of JONGGO LLOYD TATUM, a.k.a., JONGGO LLOYD TATUM MARTINEZ with Registry Number 2004-112, to wit; Erroneous entries: MUST BE CORRECTED TO: Entry 2-c. Mother’s Residence: 8-D Private Road, Roman Ayson Road, 12 Sixto Magsaysay Avenue, Baguio Gaerlan St., Baguio City City
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Entry 3. Name: Jonggo Lloyd Tatum Martinez
Jonggo Lloyd Tatum
Entry 7. Father’s Name: Domingo Lloyd Robles Unknown Martinez Entry 8. Nationality: Filipino
Father’s N/A
N/A Entry 9. Age at the time of birth: 35 years N/A Entry 11a. Occupation: Lawyer N/A Entry 24. Date and Place of Marriage of Parents: December 10, 2001 No Entry 23. Legitimate: Yes It is further respectfully prayed for that such other reliefs and remedies as are just and equitable under the premises laid down be allowed. MOST RESPECTFULLY SUBMITTED. Baguio City, January 5, 2016. BARRAKO LAW OFFICES Counsel for the Petitioner 69 Bokawkan Road, Brgy. Dizon Subdivision, Baguio City Tel. No. (074) 422-1617
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By: JAN MICHAEL G. LIMMAYOG Roll No.: 508128 PTR No.: 1112345 01-18-2015 Baguio City IBP No.: 176184 01-18-2015 Baguio City MCLE Compliance No.: 455813 08-052015
Copy furnished: Domingo Lloyd Martinez Civil Registrar of Baguio City Civil Registrar General of the Philippine Statistics Authority Solicitor General
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VERIFICATION AND CERTIFICATE OF NON-FORUM SHOPPING I, DIVINA TATUM, of legal age, Filipino citizen, under oath, do hereby depose and state, that: 1. I am the petitioner in the above-entitled and numbered case; 2. I have caused the preparation of the foregoing Petition; that I have read and understood the contents thereof; and that the allegations therein are true and correct to the best of my own personal knowledge and authentic evidence; 3. I hereby further certify and attest that I have not commenced any other action or proceeding involving the same issues in any other tribunal or agency; that to the best of my knowledge and belief, no such action or proceeding is pending in any other tribunal or agency; and that If I should thereafter learn that a similar action or proceeding has been filed or is pending before the any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court. IN WITNESS WHEREOF, we have hereunto affixed our signatures this 5th day of January, 2016 in Baguio City. DIVINA TATUM Affiant SUBSCRIBED AND SWORN to before me this 5th day of January, 2016 in Baguio City by DIVINA TATUM who has satisfactorily proven her identity through PRC ID License No. 118842345, to expire on December 6, 2018; and that she is the same persons who personally signed and executed the foregoing Petition.
Doc. No. City Page No. City Book No. 2015 Series of 2016
ATTY. JAN MICHAEL G. LIMMAYOG Notary Public for Baguio City Until December 31, 2016 Roll No.: 508128 PTR No.: 1112345 01-18-2015 Baguio IBP No.: 176184 01-18-2015 Baguio MCLE Compliance No.: 455813 08-05Issued on April 19, 2013, Baguio City
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ANNEX “A”
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ANNEX “B” Republic of the Philippines Province of Benguet Baguio City BARANGAY PRIVATE ROAD Philippines
CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE To whom it may concern: THIS IS TO CERTIFY that Jonggo Lloyd Tatum, 12 years old, is a bona fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City, and has been a resident thereof continuously and uninterruptedly since the time of his birth. THIS CERTIFIES FURTHER, that he is known as a person of good moral character, and that he has always been known to bear the surname “Tatum”, and not “Martinez”. THIS CERTIFICATION is being issued to support his petition for the correction of entries and change of name in his Certificate of Live Birth and for such purpose only. THIS CERTFICATION is issued in accordance to the implementation of the provision of the Local Government Code of 1991 and for whatever legal purpose it may serve best. SIGNED AND ISSUED this 55 th day of January, 2015 at Barangay Private Road, Baguio City.
MARSE A. HUMALIMAW Punong Barangay
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ANNEX “C” Republic of the Philippines Province of Benguet Baguio City BARANGAY PRIVATE ROAD Philippines
CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE To whom it may concern: THIS IS TO CERTIFY that Ms. Divina Munsayac Tatum, 33 years old, single, is a bona fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City. As per records in this office on the implementation of P.D. 1508 otherwise known as “Katarungang Pambarangay Law”, and other existing laws, rules and regulations, and ordinances, no case was filed against her. THIS CERTIFIES FURTHER, that she is known as a person of good moral character. THIS CERTIFICATION is being issued to support her request for the correction of entries and change of surname in the Certificate of Live Birth of her minor son Jonggo Lloyd Tatum and for such purpose only. THIS CERTFICATION is issued in accordance to the implementation of the provision of the Local Government Code of 1991 and for whatever legal purpose it may serve best. SIGNED AND ISSUED this 5th day of January, 2015 at Barangay Private Road, Baguio City.
MARSE A. HUMALIMAW Punong Barangay
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ANNEX “D”
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ANNEX “E”
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ANNEX “F”
