Petition For Change Of Entry In Birth Certificate.docx

Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 2 Tabuk City

In the Matter of: CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF ADRIAN ALBAYTAR TO ADRIAN ALBAYTAR KALAW, Petitioner,

SPECIAL PROCEEDING CASE NO. _______ -versus-

THE LOCAL CIVIL REGISTRAR OF LIPA CITY, Respondent. X ------------------------------------------------------------ x PETITION WITH ALL DUE RESPECT TO THE HONORABLE COURT, the Petitioner, through counsel, and unto the Honorable Court, states that: 1. The petitioner is of legal age with postal address at Brgy. Kayumangi, Lipa City. 2. The Local Civil Registrar is a government entity charged with the recording, registration, and custody of public records and other matters, with postal address at the ___________________________________________________ 3. Petitioner was born on MARCH 8, 1996, and is the natural child of ALICIA ALBAYTAR KALAW and RENE RIVERA KALAW. Said birth was duly registered with the Local Civil Registry under Local Civil Registry No. 96-1349. A machine copy of the Certificate of Live Birth is hereto attached as Annex “A”, to form part hereof;

4. In the said Certificate of Live Birth, Petitioner’s Last name is ALBAYTAR, the surname of his mother; 5. The same Certificate of Live birth, also indicates that his birth parents are NOT MARRIED, during the time of his birth. Hence, making him an ILLEGITIMATE CHILD. 6. Eventually, there was a subsequent marriage between his parents on DECEMBER 8, 1999 at OUR LADY OF THE MIRACULOUS MEDAL CHAPEL, as evidenced by a CERTIFICATE OF MARRIAGE hereto attached as Annex “B”. Moreover, several entry is incorrect, and said information was erroneously entered by the attending medical clerk at the hospital. The clerical error(s) to be corrected is (are): ITEM NO. 1 2 3

DESCRIPTION MOTHER’S MAIDEN NAME FATHER’S NAME MARRIAGE OF PARENTS

FROM ALICE ALBAYTAR RENE KALAW

TO ALICIA ALBAYTAR RENE RIVERA KALAW

NOT MARRIED

MARRIED

7. The errors was made due to mistake of fact, supplied in good faith and without any unlawful or illegal intention; 8. The Correction being sought is meant to state the truth of (1) his Surname, (2) his mother’s full maiden name,(3) his father’s full name, and (4) his parent’s marriage. PRAYER WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court that, after due notice and hearing, a decision be rendered

in favor of herein Petitioner, ordering the Local Civil Registrar of the City of Lipa to change the entry in Petitioner’s Certificate of Live Birth under the – (1) FULLNAME OF PETITIONER from “ADRIAN ALBAYTAR” to ADRIAN ALBAYTAR KALAW; (2) MOTHER’S MAIDEN NAME from “ALICE ALBAYTAR” TO ALICIA ALBAYTAR

(3) FATHER’S NAME from “RENE KALAW” to “ RENE RIVERA KALAW” (4) MARRIAGE OF PARENTS from “NOT MARRIED” to “MARRIED”. Such other reliefs as may be just and equitable under the circumstances are likewise prayed for. IN WITNESS WHEREOF, I have hereunto set my hand this day of _____________________, in the City of Lipa, Batangas, Philippines.

ATTY. JILLIAN KRISTIN DEVESA Counsel for the Petitioner REPUBLIC OF THE PHILIPPINES } CITY OF LIPA } S.S. X ========================== X VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, ADRIAN ALBAYTAR KALAW, of legal age, Filipino citizen, and hereby declare under oath that: 1. I have caused the preparation of the foregoing petition; I have read and understood the contents of the same; and that all the allegations therein are true and correct of our own knowledge and based on authentic documents; 2. I FURTHER CERTIFY THAT: a. I have not commenced any proceeding involving the same issues before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; b. To the best of our knowledge, no such action is pending before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; c. If there be any similar action before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal, We undertake to report the

same within five (5) days to the court where the original action and certification referred to herein has been filed. IN WITNESS WHEREOF, I have hereunto set my hand this day of __________________, in the City of Lipa, Batangas, Philippines.

ADRIAN ALBAYTAR KALAW

SUBSCRIBED AND SWORN to before me in the City of Baguio this 5th day of _______________, by affiant personally known to me, who are the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same. Doc. No. __; Page No. __; Book No. __; Series of 2019.