REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT ______ Judicial Region Branch __ _____________________________
IN THE MATTER OF PETITION FOR CANCELLATION OF THE CERTIFICATE OF LIVE BIRTH OF ______________________ WITH REGISTRY NO. ___________
______________________________ Petitioner ,
– versus –
SPL. PROC. Case No. _____
THE MUNICIPAL CIVIL REGISTRAR AND ALL PERSONS/ENTITIES WHO/WHICH MAY BE AFFECTED THEREBY, Respondents. Respondents . x-------------------------------------------------x
PETITION PETITIONER, through the undersigned counsel, and unto this Honorable Court, most respectfully states that:
1. Petitioner is of legal age, Filipino, single and a resident of __________________________. Petitioner may be served with orders, summons and other court processes through the undersigned counsel with office address at ___________________________________. 2. Respondent, Municipal Civil Registrar, is a public officer mandated to perform the civil registration function including cancellation/correction of entries in the civil registry of the __________________ where the fact of birth of Petitioner was registered,
whose office is located at ________________, where summons and other legal processes may be served. 3. Petitioner was born on ______________________, however, his record of birth was registered twice. 4. The first registration was through a Certificate of Live Birth with Registry No. _________ under the name of one ____________ registered at the Office of the Civil Registrar of ________. A copy of the said Certificate of Live Birth with Registry No. ________ is hereto attached and marked as Annex “A”. 5. The second registration was through a delayed registration of Certificate of Live Birth with Registry No. __________ under the name of one ___________ received at the Office of the Municipal Civil Registrar of ________. 6. The first Certificate of Live Birth (Annex “A”) contains the following information:
7. The second Certificate of Live Birth (Annex “B”), which Petitioner had been using, contains the following information:
8. Petitioner had been using the second Certificate of Live Birth (Annex “B”) for his personal, official and business transactions every time said document is needed and/or required. 9. It was only recently, when Petitioner applied for an immigration visa at the US Embassy in Manila, that Petitioner was informed that there appeared two records of birth relating to him. Petitioner was advised to cancel the second registration. 10. The delayed registration of Petitioner’ s birth with the office of Respondent under Registry No. _____ had no basis in fact and in law since Petitioner was actually born in ____________ and a timely registration was in fact recorded at the Office of the Civil Registrar of _________ evidenced by a Certificate of Live Birth (Annex “A”).
pg. 2
11. Being the first registration, the first Certificate of Live Birth bearing Registry No. __________ takes precedence over the second Certificate of Live Birth bearing Registry No. ___________. 12. The errors, however, contained in the first Certificate of Live Birth may be corrected to reflect the correct information relating to the birth of Petitioner. 13. Furthermore, t he existence of Petitioner’s second birth certificate at the records of public respondent may affect Pe titioner’s birth record or subject the convenient use of the same with certain difficulties, considering Petitioner appears to have two (2) recorded birth certificates. 14. The cancellation of the second Certificate of Live Birth of Petitioner (Annex “B”) bearing registry No. ________ from the records of public respondent would put in order Petitioner’s birth records and eventually facilitate and expedite Petitioner’s intention to correct erroneous entries in his first Certificate of Live Birth. 15. 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 .” 16. 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 .” PRAYER WHEREFORE, it is most respectfully prayed of this Honorable Court that this instant Petition be GRANTED, and to order the cancellation from the records of the public respondent, the Municipal Civil Registrar of ________, the Certificate of Live Birth of Petitioner bearing Registry No. ____________.
pg. 3
Other reliefs just and equitable and remedies available under the premises are likewise prayed for. RESPECTFULLY SUBMITTED.
_____________, Philippines, September 4, 2017.
Counsel for the Petitioner
Copy furnished:
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