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UNIVERSITY OF THE PHILIPPINES

COLLEGE OF LAW
Office of Legal Aid Externship Office of the Solicitor General
First Semester, AY 2015-2016

ACCOMPLISHMENT REPORT
OSG EXTERN
DATE ASSIGNED
Supervising Lawyer
Case Title

:
:
:
:

Case File No.

Court/Venue
Nature of Case

:
:
:

Nature
of
Assignment

I.

Interns :

Diane T. Agustin Rem Law 128 OSG Manuel Lim Division

September 1, 2015
Associate Solicitor (AS) Ivan Mark S. Ladores
In Re: Correction of Entry in the Certificate of Live
Birth of Rolyn Navales Pastor from Male to Female
and the Middlename (sic) of her Father from
Galano to Gallano
SPL. PROC. No. 10-0242
Court of Appeals
Special Proceedings Change of Entry in Birth
Certificate
Drafting of Memorandum Recommending Action
In Re: Correction of Entry of Rolyn Navales Pastor

STATEMENT OF FACTS
Ms. Rolyn Navales Pastor filed petition to change entries
in her certificate of live birth before RTC Branch 65 of San
Miguel, Guimaras. The aforesaid court granted the petition and
ordered the Municipal Civil Registrar to correct and change the
entry under SEX in Pastors certificate from MALE to
FEMALE and the entry of Pastors fathers middle name from
GALANO to GALLANO.
The Office of the Solicitor General was then tasked to
determine whether the ruling of the RTC should be
reconsidered in a memorandum recommending action.

II.

THEORY OF THE CASE

The ruling of the RTC should not be challenged by the OSG
through a motion for reconsideration. Based on the evidence
presented by Ms. Pastor, the latter has sufficiently proven that the
contested entries in her birth certificate should be changed.
It has been held in the case of Republic v Cagandahan that a
change in the entry under SEX in a birth certificate is warranted
when the petitioner has simply let nature take its course and has not
taken unnatural steps to arrest or interfere with what [she] was born with.
In the present case, it was sufficiently proven that Ms. Pastor was

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indeed born female and has not taken any unnatural steps to change
her sex.
Evidence presented by Ms. Pastor also sufficiently proves that
her fathers middle name was misspelled in her birth certificate. Her
fathers birth certificate and marriage certificate, as well as her
siblings birth certificates indicate the correct spelling of her fathers
middle name. The spelling of her fathers middle name on her birth
certificate, which lacked one letter compared to the surname on the
other pieces of evidence presented, was thus a typographical error.

III.

LAW(S) and/or JURISPRUDENCE OF THE CASE

Rules of Court, Rule 108: Cancellation or Correction of
Entries in the Civil Registry.
Republic v Cagandahan, G.R. No 166676.

IV.

ACTIONS TAKEN FROM THE TIME OF ASSIGNMENT

September 1, 2015: Extern Agustin was assigned the case
by AS Ladores and was tasked to make a Memorandum
Recommending Action.
September 1, 2015: Extern Agustin completed the
Memorandum Recommending Action and submitted the same
to AS Ladores.
Prepared by:

Diane T. Agustin
OSG Extern 1st Semester AY 2015-2016

Verified and certified:

AS Ivan Mark S. Ladores

Supervising Lawyer