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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
MANILA
IN
RE:
PETITION
FOR
CANCELLATION
AND/OR
CORRECTION OF ENTRIES
IN THE CERTIFICATE OF
LIVE BIRTH OF NOLI F.
GALLINERA
SP PROC. NO.__________
NOLI F. GALLENERA,
Petitioner.
-versus
LOCAL CIVIL REGISTRAR
OF MANILA
Respondent.
X - - - - - - - - - - - - - - - - - - - - -X

PETITION
COMES NOW, PETITIONER, NOLI FURAQUE GALLENERA, by and
thru his undersigned counsel, unto this Honorable Court respectfully
states and manifests that:
1. Petitioner is of legal age, Filipino, and a resident of 77 Kabalitang
St., Krus na Ligas, Quezon City.
2. On 24 November 1973, petitioner was born to parents Vilma
Furaque and Glecerio Gallenera as evidenced by his Certificate of Live
Birth registered at the City Civil Registry of Manila under Local Civil
Registrar No. 6817; photocopy of which is hereto attached and marked as
Annex A.
3. Sometime in 2009, petitioner was instructed by his mother,
Vilma Furaque Gallenera, a green card holder, to obtain a passport in
order to petition him to the United States. In the course of securing the
necessary documents for his passport application, petitioner requested a
1

copy of his birth certificate from the National Statistics Office (NSO) only
to discover that his first and last name as registered had erasures and
alterations, including that of his fathers. Furthermore, his birth certificate
also contained incorrect information regarding his parents date of
marriage.
4. Item no. 3 of petitioners birth certificate provided a different
given name from the one that he has been using throughout the years.
Instead of NOLI, the first name appearing on his birth certificate is
barely legible but is nevertheless believed to contain the name
GLICERIO, similar to the name registered in the said document as his
fathers.
5. Petitioner has habitually and continuously used the name NOLI
F. GALLINERA, and has always been identified, by family and friends and
publicly

known at school and at work using the first name NOLI since

childhood; copy of his Certificate of Baptism from Our Lady of Grace


Parish, his Secondary Students Permanent Record from Don Quintin
Paredes High School, and Voter Certification issued by the Commission on
Elections (COMELEC) are hereto attached and marked as Annexes B;
C; and D respectively.
6. As further proof, petitioner applied for and was issued a Social
Security System (SSS) identification card, a Home Development Mutual
Fund (HDMF) Transaction Card and a COMELEC Voters identification card,
all bearing the name NOLI FURAQUE GALLINERA; photocopies of which
are hereto attached and marked as Annexes E, F and G,
respectively.
7. The copy of petitioners Certificate of Live Birth obtained from
the City Civil Registry Office of Manila, hereto attached as Annex H, has

his first name clearly listed as NOLI, albeit on top of an erasure, but the
same does not reflect on the birth certificate on file with the NSO.
8. In addition thereto, petitioner found out recently that while he
was raised and made to spell his last name as GALLINERA, his fathers
name was actually spelled as GLECERIO GACELO GALLENERA with the
last name spelled with the letter E instead of an I and not GLICERIO
GACELO GALLINERA as appears under item no. 7 of his birth certificate.
This much can be gleaned from his parents marriage contract and his
fathers death certificate; copy of the Marriage Contract of the Spouses
Glecerio Gallenera and VilmaFuraque and the Certificate of Death of
Glecerio Gallenera are hereto attached and marked as Annexes I and
J respectively.
10. Furthermore, contrary to the date indicated under item no. 24
which listed the date and place of his parents marriage as 2 May 1920 in
Bulusan Sorsogon, petitioners parents, Glecerio Gallenera and Vilma
Furaque, only got married in Manila on 18 January 1982 based on the
aforementioned marriage certificate.
11. Petitioner does not know the reason behind the inconsistencies
in the spelling of his name or his fathers; in fact,it was only recently that
he became aware that the information about his parents date and place
of marriage as listed in his birth certificate was erroneous. He now seeks
to have the above cited entries corrected in order to avoid further
confusion in the future and for him to obtain a visa without any
impediment.
12. Petitioner has taken all the necessary steps to correct the
inconsistencies, as in fact, he has gone to file a Supplemental Report
before the NSO to have his first name unequivocally registered as NOLI
in light of the erasures in his birth certificate but the same was denied;

copy of the feedback form issued to him by the NSO dated 17 February
2011 is hereby attached and marked as Annex K. In lieu thereof, he was
advised to file a petition for the correction of clerical error under Republic
Act No. 9048 at the Local Civil Registry Office where his document was
registered but after consulting with the evaluation officer, he was advised
anew to pursue a special proceeding in court given the substantial nature
and the number of corrections that would have to be made on his birth
certificate.
13. The approval of the correction of petitioners surname from
GALLINERA to GALLENERA is necessary to prove the fact that he is
legitimated under Art. 76 of the Civil Code of the Philippines in view of
the subsequent marriage of his parents, as such he can carry the
surname of his father, GALLENERA.
14. The petition for approval further aims to correct the records of
the Manila Civil Registrar of herein petitioner to reflect the name NOLI
GALLENERA; as well as the records at the NSO.

It is moreover, the

intention of the petitioner to reconcile the inconsistencies, hereto


indicated because he also wants to use the name NOLI FURAQUE
GALLENERA, permanently, and be able to correct the submissions made
with the various government institutions were he has records of
importance, such as but not limited to the Social Security System, the
Home Mortgage Development Fund, the Bureau of Internal Revenue and
his school records, and other government issuing agencies such as the
NBI as well.
15. Petitioner herein further states that NOLI FURAQUE GALLINERA
and NOLI FURAQUE GALLENERA pertains to one and the same person,
but petitioner will from this day on, and upon approval of this Honorable

Court, will be permanently using the corrected name NOLI FURAQUE


GALLENERA, as a way of setting the records straight.
WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court that a decision be rendered directing the Civil Registry of
Manila to:
1. Record or enter petitioners first name as NOLI in lieu of an
erasure done in item no. 3 of his birth certificate;
2. Correct petitioners family name from GALLINERA in the space
for the last name of petitioner to GALLENERA;
3. Correct the entry GLICERIO GACELO GALLINERA under item no.
7 provided for the name of the FATHER of herein petitioner to
GLECERIO GACELO GALLENERA;
4. Delete the entry of May 2, 1920 under item no. 24

under

Date and Place of Marriage of Parents in herein petitioners


Certificate of Live Birth; and
5. Let petitioner herein use the name NOLI FURAQUE GALLENERA
permanently.
OTHER RELIEFS JUST AND EQUITABLE IN THE PREMISES ARE
LIKEWISE PRAYED FOR.
4 November 2011, at Quezon City, Metro Manila.

HECHANOVA-SANTOS & SANTOS


LAW OFFICE
Counsel for Petitioner
Suite 401, Xavierville Square Condominium
#38 Xavierville Avenue, Loyola Heights
Quezon City 1108