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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch ________
________________

IN THE MATTER OF CANCELLATION/


CORRECTION OF ENTRIES IN THE
CERTIFICATE OF LIVE BIRTH OF
__________________________

AAA
Petitioner,

---versus--- Special Proc. No. _________

BBB

Respondents.

x--------------------------------------x

PETITION

Petitioner, through the undersigned counsel and to this


Honorable Court, most respectfully moves for leave to amend its
Complaint in this matter to correct an inadvertent mistake. This
amendment seeks to correct a deficiency in the original pleading with
regard to Petitioner child’s proper name, as follows:

1. Petitioner child’s proper name must be spelled as


______________ and not __________ as wrongly spelled in
Numbers --, ---, --- of the Petition.

2. As stated in Number2 of the Petition, the fact of birth of


_________ was registered on February 28, 2004, where in fact,
it was actually registered on February 28, 2003 as correctly
stated under Numbers

3. In the Prayer, other than the prayer for cancellation of the


annotation of legitimation, it is likewise prayed to correct the
surname of the herein child of petitioner. But instead of
_____________, it is most respectfully prayed to include the
middle name ________ in the change of name, therefore,
_____________ in the Certificate of Live Birth in accordance
with RA 9225/ Acknowledgement (whichever applies).

The requested amendment merely corrects a pleading defect and


does not affect the substantive rights of the parties. Pertinent
provisions of Rule 10 of the Rules of Court provide as follows:

Sec. 2. Amendments as a matter of right. − A party may


amend his pleadings once as a matter of right at any time
before a responsive pleading is served x x x.

Petitioner requests that this Court permit this amendment in the


interest of accuracy of the pleadings.

A corrected copy of the Complaint reflecting Petitioner child's


proper name is attached hereto as ANNEX “A”. WHEREFORE, Petitioner
respectfully requests that this Honorable Court grant its Motion to
Amend the Complaint to Correct Party Name and order that all future
references to Petitioner child’s by the parties and this Court be made
in its proper name.

_______________________. March 1, 2018.

_____________________________________
Counsel for the Petitioner
PTR No. 9145781/Jan. 9, 2018/_________
IBP NO. __________/LIFETIME/________________
Attorney’s Roll No. _______/Exempted pursuant to MCLE
GOVERNING BOARD ORDER NO 1, S 2008

REQUEST:

The Clerk of the Court


Justice Hall, _____________

Greetings:

Immediately upon receipt hereof, kindly submit the foregoing


Motion to the Clerk of Court of Branch 39, _____________________
for her consideration, approval and resolution, with or without
respondent’s comment/opposition thereto.