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Republic of the Philippines

Third Judicial Region


REGIONAL TRIAL COURT
Branch ___
xxxxx

IN THE MATTER OF: PETITION


FOR CANCELLATION OF
CERTIFICATE OF LIVE BIRTH
OF xxxxx
WITH PHILIPPINE STATISTICS
AUTHORITY (PSA) REGISTRY
NO. xxxxx

xxxxx
,
Petitioner,

-versus- SP Proc. Case No. _____________

THE CIVIL REGISTRAR


GENERAL, THE LOCAL CIVIL
REGISTRAR OF CABANATUAN
CITY, NUEVA ECIJA AND ALL
OTHER PERSONS/ENTITIES
WHO/WHICH MAY BE
AFFECTED THEREBY,
Respondents.
x-----------------------
-x

PETITION

Petitioner, thru the undersigned counsel, unto this Honorable


Court, most respectfully states:

1. Petitioner is of legal age, single and a resident of 0805


Mampulog Brgy. Bitas, Cabanatuan City, Nueva Ecija
where she may be served with summons and other
processes of the Honorable Court;

2. Public respondents are the repositories of records


regarding births, marriages, deaths and the likes of an
Petition
Gonzales v. Civ. Registrar General
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individual. The Civil Registrar General holds office at 3/F


Vibal Bldg., Times Street cor. EDSA, West Triangle,
Quezon City while the Local Civil Registrar of
Cabanatuan City holds office at City Hall Compound,
Brgy. Kapitan Pepe, Cabanatuan City, Nueva Ecija;

CAUSE OF ACTION

3. Petitioner is the daughter of xxxxx and xxxxxand was


born in Fujairah Hospital, Fujairah, United Arab Emirates
(UAE) on August 23, 2000;

4. Petitioner’s parents were both Overseas Filipino Workers


in UAE at the time of petitioner’s birth;

5. Despite the fact of being born in Fujairah, United Arab


Emirates, petitioner has an existing Philippine issued
Certificate of Live Birth (CLB) with Registry No. xxxx;

A copy of the PSA issued CLB No. 2006-3395 is hereto


attached as Annexes A to A-1;

6. Having mentioned that the petitioner was born in


Fujairah, UAE, it now appears that the PSA issued CLB
No. 2006-3395 does not reflect the true circumstances of
petitioner’s birth since the said birth certificate indicates
that she was born in xxxxxxx Cabanatuan City;

7. When petitioner was born in UAE, she was issued a Birth


Certificate by the Ministry of Health of UAE;

A copy of the UAE Ministry of Health issued Birth Certificate


which is attested/authenticated by the Philippine Embassy in
UAE is hereto attached as Annex “B” and the back page thereof
is marked as Annex “B-1”;

8. The UAE issued birth certificate of the petitioner was


submitted to the Philippine Embassy in UAE for birth
reporting and authentication on the same year the
petitioner was born as shown in the face of the said
document;

9. From her birth up to two (2) years old, petitioner has been
under the case and custody of her parents;
Petition
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10.Months after petitioner’s birth, she was baptized at


xxxxxxxxx in Fujairah UAE.

Copy of the petitioner’s Certificate of Baptism issued by the


xxxxxxxxxxxxx of Fujairah UAE is hereto attached as Annex
“C”;

11.When she was young, petitioner was brought to the


Philippines to enrol at pre-elementary school in
Cabanatuan City. However, her parent’s plans changed
and she then returned to UAE to continue studying;

12.Years thereafter, petitioner went home to the Philippines


to study college;

13.It was then that she discovered that her grandmother


caused a registration of her birth making it appear that
she was born in Cabanatuan City, Nueva Ecija to facilitate
her school enrolment. The said birth certificate was the
one with Registry No. xxxxxxxx;

14.Petitioner is now of legal age and desires to renew her


Passport. However, to be able to renew her passport and
to reflect her true birth place, she must present a birth
certificate which truly indicates her real place of birth
which is Fujairah, United Arab Emirates;

15.However, to renew her Passport reflecting her true birth


place, the Department of Foreign Affairs-Philippines
requires her to present a PSA authenticated birth
certificate reflecting her real place of birth which she
cannot provide because her birth place in the records of
the PSA was made to appear to have occurred in
Cabanatuan City, Nueva Ecija;

16.Thus, to be able to rectify her records, the PSA issued CLB


with Registry No. xxxxxxxxxxx must be cancelled and the
correct reporting of her birth which occurred in UAE
must be undertaken;

17. Verily, petitioner’s PSA issued CLB with Registry No.


xxxxxxxxxxxx has no basis for it was not registered in
accordance with Presidential Decree No. 651 which
provides that:
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Section 2. Period of registration of births. The


registration of the birth of babies referred to in the
preceding section must be done within sixty (60)
days from the date of effectivity of this decree
without or fee or any kind. Babies born after the
effectivity of this decree must be registered in the
office of the local civil registrar of the place
of birth within thirty (30) days after birth, by the
attending physician, nurse, midwife, hilot or
hospitals or clinic administrator or, in default of
the same, by either parent or a responsible member
of the family or any person who has knowledge of
the birth.(emphasis ours)

18.Indeed, PSA issued CLB with Registry No. xxxxxxxxxxx


has no basis because the petitioner was not born in
Cabanatuan City. The said birth certificate now causes
confusion on the records of the petitioner because it
carries false information regarding her birthplace. The
authority to cancel the said birth certificate solely lies
within this Honorable Court;

19.Hence, petitioner hereby desires to avail the remedy


provided under Rule 108 of the Rules of Court, to wit:

RULE 108

Cancellation Or Correction Of Entries In The


Civil Registry

Section 1. Who may file petition. — Any person


interested in any act, event, order or decree
concerning the civil status of persons which has
been recorded in the civil register, may file a
verified petition for the cancellation or correction
of any entry relating thereto, with the Court of
First Instance of the province where the
corresponding civil registry is located.
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20.To further support the allegation that she was born in


Fujairah, U.A.E., petitioner hereto attached as Annex “D”
a copy of the second page of her Passport issued on May
xxxxxxxxxx indicating her place of birth as “Fujairah” in
UAE.

21.Also, petitioner hereto attached as Annex “E” the copy of


the second page of her Passport issued on
xxxxxxxxxxxxxxx indicating her place of birth as “ARE”
which is a country code of UAE;

22.To prove that this Petition was not filed to escape any
violation of the law and to further prove petitioner’s
identity, a copy of petitioner’s NBI Clearance is hereto
attached as Annex “F”;

WITNESSES

23. Petitioner herself shall testify in open court to prove her


allegations in this Petition particularly to prove that she
was born in Fujairah, UAE and to identify her
documentary evidence relevant to her claim. Petitioner’s
Judicial Affidavit is hereto attached as Annex “F” to “F-
8”;

24.Petitioner’s father in the person of xxxxxxxxxxxxxxx shall


also testify to prove the real birth place of the petitioner.
His Judicial Affidavit is hereto attached as Annex “G” to
“G-6”.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that after due notice and hearing, an Order be issued directing
the Local Civil Registrar of Cabanatuan City and the Civil Registrar
General to cancel petitioner’s Certificate of Live Birth with Registry
No. xxxxxxxxxxxx.

Petitioner respectfully prays for other relief just and equitable


under the premises.

Cabanatuan City, Nueva Ecija. January 22, 2021.


Petition
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Counsel for the Petitioner

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