Republic of the Philippines

REGIONAL TRIAL COURT

Third Judicial Region
BRANCH __
Palayan City

IN THE MATTER OF PETITION FOR

CANCELLATION / CORRECTION OF ENTRY
IN THE CERTIFICATE OF LIVE BIRTH OF
LOWEN GIL C. MARQUEZ,

LOWEN GIL C. MARQUEZ, represented by

his Attorney – In – Fact Glena C. Marquez,
Petitioner,

- versus - SP. PROC.NO. ____

THE LOCAL CIVIL REGISTRAR OF PALAYAN

CITY, THE LOCAL CIVIL REGISTRAR OF
PENARANDA, NUEVA ECIJA, and THE CIVIL
REGISTRAR GENERAL,
Respondents.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT
Purpose : It shall take the place of the direct testimony of the witness to
prove all the material allegations in the Petition : to identify documents relevant
to the petition; and prove all other relevant matters :

I GLENA C. MARQUEZ, of legal age, single, Filipino and with residence at Bo.
Militar, Ft. Magsaysay, Palayan City, Nueva Ecija after being duly sworn to in
accordance with law, by way of answers consciously given to the questions
propounded by Atty. Kathryn Menelea Joson, with office address at No. 28,
Mabini Extension (beside Wesleyan University), do hereby depose and state that :

Q1. Ms. Witness, do you know a certain Lowen Gil Marquez, petitioner in
this instant case ?
A1. Yes ma’am. He is my brother and he authorized me to file the instant
petition.
Q2. Do you have any proof that you were indeed authorized by your
brother to file this case;

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 A2. Yes ma’am. I have here with me a Special Power of Attorney executed
by Lowen Gil Marquez giving authority to file this petition.
(Manifestation : At this juncture, we pray the Honorable Court that the
Special Power of Attorney dated October 21, 2016 be marked as Exhibit “A” and
the signature appearing on top of the name Lowen Gil Marquez be bracketed and
marked as Exhibit “A-1”
Q3. Being the sister and representative of the petitioner, are you aware of
any problem regarding the fact of birth of Lowen Gil Marquez, if any?
A3. Yes ma’am. I know that my mother late registered the fact of birth of
my brother with the Local of Civil Registrar of Palayan City however instead of
putting the correct year of birth of Lowen Gil which is 1971, she made a mistake
by reflecting 1970 as the birth of my brother;
Q4. Do you have any proof of said error in the birth certificate?
A4. Yes ma’am I have here with me a birth certificate of Lowen Gil Marquez
issued by Palayan LCR.
(Manifestation. May we pray the Honorable Court that the Birth Certificate
with Reference No. 88-277 issued by Palayan LCR be marked as Exhibit “B” and the
year corresponding to year of date be marked as Exhibit “B-1”)
Q5. After learning the mistake in the birth certificate of Lowen Gil Marquez
in the LCR of Palayan, what action did your mother do, If any?
A5. Because my mother was unschooled madam, considering the first
registration was already a late registration and can no longer be corrected under
administrative correction, she thought the best remedy to rectify the error was to
register the same with the LCR of Penaranda, Nueva Ecija considering some
portion of the place or our residence is also within the jurisdiction and part of
town of Penaranda, Nueva Ecija, which she did;
Q6. And what is your proof that the fact of birth of Lowen Gil Marquez was
also registered in the Local Civil Registry of Penaranda Nueva Ecija?
A6. I have here with me a copy of the Certificate of Live Birth of Lowen Gil
Marquez issued by the LCR of Penaranda and a Certification of Fact of Birth issued
by the same office.
(Manifestation : We pray your Honor that the Certificate of Live Birth with
Reference No. 2003-336 issued by Penaranda LCR be marked as Exhibit “C” and the
Certification of Fact of Birth issued by the same office as Exhibit “C-1”)
Q7. Madam witness, do you have any proof that indeed your brother
Lowen Gil Marquez was born on the year 1971 and not on 1970?
A7. Yes Ma’am. I have here with me a copy of his AFPMBAI ID issued by the
Armed Forces f the Philippines and his marriage contract showing the true and
correct year of his birth is 1971 and not 1970.
(Manifestation : May we pray your Honor that the AFPMBAI ID of the
petitioner be marked as Exhibit “D” for the front and Exhibit “D-1” for the back
portion while the year of date which is February 9, 1971 be encircled and marked
as Exhibit “D-2”; Further we pray that the Certificate of Marriage of Lowen Gil
Marquez and Josephine Canacan be marked as Exhibit “E” and the date of birth of
Lowen Gil Marquez appearing therein be encircled and marked as Exhibit “E-1”
Q8. By the way Madam Witness, where is your mother and brother now?

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 A8. My mother ma’am is already dead while my brother is presently serving
as a regular army of the AFP stationed in Mindanao area.
Q9. And what do you want for the court to do with the instant petition?
Q9. We pray your Honor that the petition be granted and that the
Certificate of Live Birth of my brother Lowen Gil Canacan issued by the Local Civil
Registrar of Penaranda Nueva Ecija be cancelled and deleted from its database
while retaining the Certificate of Live Birth issued by the Local Civil Registrar of
Palayan City, Nueva Ecija correcting therein the year of birth from 1970 to 1971.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of

January, 2017 here at Cabanatuan City, Nueva Ecija. I hereby warrant that the
documents marked and attached hereto as Exhibit A to E that I identified are all
original/certified true copy of the original.

GLENA C. MARQUEZ
Affiant

SUBSCRIBED AND SWORN TO before me this January 31, 2017 here at

Cabanatuan City, the affiant signed this document in my presence and swore to
me that she understood the contents thereof and affirmed that the same was
executed by her consciously and fully aware she may face criminal liability for
false testimony or perjury.

___________________

I, KATHRYN MENELEA H. JOSON, counsel for the petitioner in the above –

entitled case, do hereby state that I conducted the direct examination of the
above – named witness; that I faithfully recorded the questions and I asked the
answers that the witness gave; and that I did not nor any other people then
present assisting, coached the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 31st day of

January, 2017 here at Cabanatuan City.

ATTY. KATHRYN MENELEA H. JOSON

Counsel for the Petitioner

This Judicial Affidavit is attested to me under oath by Atty. Kathryn Menelea

H. Joson this 31st day of January 2017 at Cabanatuan City pursuant to A.M. No. 12-
8-8-SC.