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Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch _
City of Cebu

IN THE MATTER OF THE


PETITION FOR THE
CORRECTION OF ENTRY IN
THE BIRTH RECORD OF ELEN
ADARNA PARTICULARLY HER
BIRTH DATE FROM SEPTEMBER
26, 1985 to JANUARY 23, 1985

ELEN ADARNA
Petitioner,

Spec. Proc. Case No.


- versus -

CIVIL REGISTRAR GENERAL-


NATIONAL STATISTICS OFFICE
and the LOCAL CIVIL
REGISTRAR OF CEBU CITY

Respondents.
X--------------------------------------/

PETITION

PETITIONER, through the undersigned counsel, unto this


Honorable Court, most respectfully states:

1. That petitioner is a Filipino, of legal age, single and a


resident Barangay Uno, Salvador, Cebu City, since birth and
up to the filing of this petition, and it is on the same place
where she can be served with court processes, orders and
judgment of this Honorable Court;

2. That formal party respondents Civil Registrar General


and the Local Civil Registrar of Cebu City, are government
employees who are impleaded in their official capacities,
their office being the custodian of the birth record of
petitioner, and where they can be reached with summons
and court processes at their respective offices at the
National Statistics Office, Manila, Philippines, and in the City
Hall of Cebu City, Philippines;

3. That petitioner, who is a legitimate daughter of


Spouses Luis B. Adarna and Trifona C. Adarna, was born on
January 23, 1985, a copy of her Certificate of Live Birth and
her Birth Certificate issued by the Office of the Local Civil
Registrar of Cebu City, is hereto attached and marked
respectively as Annexes “A” and “B”;.

4. That petitioner, who was used to celebrating her


birthday every January 23rd of each year, is known publicly to
have been born on January 23, 1985, her other public
records such as her Certificate of Baptism and COMELEC
record which are hereby marked as Annexes “C” and “D”
would indicate the same;

5. That lately, when petitioner tried securing her


authenticated copy of her Certificate of Live Birth from the
Office of respondent Civil Registrar General-National
Statistics Office, she was very surprised to discover that her
date of birth indicated that she was accordingly born on
September 26, 1985 and not the date which she used to
believe which was August 26, 1985, a copy of the
authenticated copy of petitioners Certificate of Live Birth is
hereto attached as Annex “E”.

6. That apparently, there is a gross discrepancy in the


date of birth of petitioner as contained in the authenticated
copy of her Certificate of Live Birth which needs to be
corrected to conform with what is already established and
factual, which is the date actually indicated in her Birth
Certificate and the Certificate of Live Birth issued by
respondent Local Civil Registrar of Loon, Bohol;

7. That petitioner sought for the proper correction of


the wrongful entry of her date of birth as contained in her
authenticated copy of her Certificate of Live Birth, in order to
erase any and all doubts regarding her identity;

8. That this petition is not intended for any illegal


purpose or to avoid justice, or to evade with any legal
obligation with other persons and the government;

PRAYER
WHEREFORE, it is most respectfully prayed of this
Honorable Court, that after due notice and hearing,
judgment be rendered directing the respondents to make the
necessary correction in the Certificate of Live Birth of
Petitioner, particularly her date of birth from September 26,
1985 to January 23, 1985.

Other reliefs just and equitable under the premises are


likewise prayed for.

Cebu City, Philippines, February 2, 2019.

PUBLIC ATTORNEY’S OFFICE


DEPARTMENT OF JUSTICE
Cebu City
Counsel for the Petitioner

By:

ANDREW GARCIA
Public Attorney II
Roll No. 45564
IBP No. 711053:1/28/19; PTR No. 5644965: 01/31/19
MCLE Compliance V- 12343536 Jan. 18, 2019
Tel. No. (032) 262 2436
Email Address: lawyer@yahoo.com
TIN 933-683-695

VERIFICATION/ CERTIFICATION OF NON-FORUM


SHOPPING

REPUBLIC OF THE PHILIPPINES )


CITY OF CEBU ) SS/

I, ELEN ADARNA, Filipina, of legal age, single and a


resident of Barangay Uno, Salvador, Cebu City, after having
been duly sworn in accordance with law, hereby depose and
say: That I am the petitioner in the above entitled case; That
I have caused the preparation of the foregoing petition; That
I have read and understood all the contents therein; That all
allegations contained therein are true and correct to the best
of my personal knowledge; and that there is no other case
filed before any court or tribunal anent the case, and if there
is any, I will undertake to inform the Court within 5 days
pursuant to Adm. Circular No. 04-94 of the Supreme Court.
IN WITNESS WHEREOF, I hereunto affix my signature
this 2nd day of February in the City of Cebu

ELEN ADARNA
Petitioner

SUBSCRIBED AND SWORN to before me this 2nd day of


February 2019 in the City of Cebu, Philippines.

CHRISTIAN LULU A. KONG


NOTARY PUBLIC FOR CEBU CITY
Until December 31, 2019
Notarial Commission No.123456
PTR No. 012345/Cebu City/01-11-19
Roll of Atty. No. 3781523
IBP Lifetime Membership No.
3359187
Suite No. 203 2/f Oftana Bldg.,
Osmeña Blvd. cor. Jasmin. St.,
Capitol Site, 6000 Cebu City,
Philippines
Law Office Tel. No. +6332 262 2655
MCLE Compliance No. V-12345 Jan.
18, 2019

Doc. No._____;
Page No._____;
Book No._____;
Series of 2019.

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