REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 112, PASAY CITY DANILO

CORPUS, Petitioner, SPL CIVIL ACTION NO. _______ FOR: MANDAMUS -versusTHE GOVERNMENT SERVICE INSURANCE SYSTEM (GSIS) Respondent. x-------------------------x PETITION PETITIONER, by and through the undersigned counsel and to this Honorable Court respectfully states: 1. That petitioner is of legal age, married, Filipino and may be served with summons at # 132 Fredo, Pasay while respondent is a government-owned or controlled corporation and may be served with summons at its principal office at GSIS Bldg., Financial Center, Reclamation Area, Roxas Blvd., Pasay City; 2. That petitioner entered the government service on April 8, 1966 as janitor of the Philippine National Police (PNP) with a status of employment as casual and became permanent on April 1, 1981; 3. That he continuously served the PNP without interruption and is presently holding the position of chief janitor with a permanent status of employment; 4. That when he entered the government service, he indicated in his employment records that he was born on April 21, 1945 and his middle name as Santos based on the information that he received from his grandmother who took care of him from childhood; 5. That after the death of his grandmother, he discovered sometime in 2000 through his brothers that his true and

correct date of birth is February 3, 1945 and his middle name is Casamayor; 6. That he caused the delayed registration of his birth with the Local Civil Registrar of Pasay City on June 20, 2001, showing the true and correct date of his birth of which is February 11, 1945 and the names of his parents as Casilda Ando Casamayor and Alex Santos Corpus, photocopy of his certificate of live birth is hereto attached as Annex A ; 7. That on January 12, 2003, he filed an application for correction of personal information with the Philippine Navy with a request that his name be corrected from Santos to Casamayor and his date of birth from April 21, 1945, photocopy of his application form for correction is hereto attached as Annex B; 8. That his middle name was immediately corrected in his employment records at the Philippine Navy and Civil Service Commission from Santos to Casamayor; 9. That through tne assistance of the Department of Interior nad Local Government, petitioner requested the Civil Service Commission to make the necessary correction of his date birth as appearing in his records at the Commission, photocopies of the letter of Assistant Secretary Andres Funk dated September 18, 2002, affidavit of the petitioner, joint affidavit of Vicente Policar Jr and Conchita Barroso, and service record of the petitioner are hereto attached as Annexes C, D, E and F, respectively; 10. That in an order dated May 16, 2003, the Civil Commission granted the request and authorized the correction of his date of birth in his records at the said Commission, photocopy of the said Order is hereto attached as Annex G; 11. That the petitioner had requested the respondent GSIS to allow the necessary correction of his date of birth and middle name as appearing in his records at the said office but the same was refused without valid reason as the said Order of the CSC was even shown to them; 12. That the petitioner is entitled as a matter of right to correct his date of birth and middle name appearing in his records at the GSIS;

13. That for the refusal of the respondent to make the necessary correction, no appeal is provided, nor has a petitioner any other plain, adequate and speedy remedy in the ordinary course of law than this petition for mandamus. WHEREFORE, petitioner prays that after proper proceedings, this Honorable Court render judgment commanding the respondent Government Service Insurance System to make the necessary correction in their records of the petitioners date of birth from April 21, 1945 to February 11, 1945 and middle name from Santos to Casamayor. Other reliefs just and equitable are prayed for. Cavite City, March 1, 2004.

ATTY. MARKET M. ARKET Counsel for Petitioner

85 Molino St., Pasay City PTR No. 98765 1.5.2001 IBP No. 45678 1.11.2001 Roll No. 34256 MCLE Comp. No. 56754389

VERIFICATION AND CERTIFICATION AGAINST FORUM-SHOPPING I, EMILIANO B. DANDAN, after being duly sworn to in accordance with law depose and say: that I am the petitioner of the aboveentitled case; that I have caused the preparation of this petition; and that all the allegations therein are true and correct of my own and personal knowledge, no such other action or claim involving the same issues in any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such other action or claim is pending therein except the request that I mad with Civil Service Commission to make the necessary correction of my date of birth as appearing in my records at the said Commission and which request was subsequently granted; that I will report within (5) days should I thereafter learn that the same or similar action or claim has been filed or is pending.

DANILO CORPUS Affiant

SUBSCRIBED AND SWORN to before me this 5th day of February 2004 at Pasay City, Philippines, affiant exhibiting to me his Community Tax Certificate No. 0654337 issued on January 13, 2004 at Pasay City, Philippines. Witness my hand and seal. ATTY. SCAN N. ED
Notary Public for the City of Cavite 197 Salcedo St., Cavite City Appointment No. 43255 until Dec. 31, 2001 Roll of Attorney No. 32414 PTR No. 0756498, Jan. 4, 2001, Cavite Series No. of Commission 0098761 IBP No. 367485 MCLE Compliance No. 1-2564876

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