REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial Region
Branch 25
Danao City
IN THE MATTER OF CORRECTION
OF ENTRIES CORRESPONDING TO
THE BIRTH RECORD OF JOVER
HORTELANO AS TO THE SURNAME
OF THE CHILD FROM JOVER PUGOY
TO JOVER POGOY AND AS TO THE
SURNAME OF THE FATHER FROM CELESTINO
PUGOY TO CELESTINO POGOY
Sp. Proc. No.- __________
JOVER HORTELANO,
Petitioner,
-versusTHE LOCAL CIVIL REGISTRAR OF
CARMEN, CEBU and the NATIONAL
STATISTICS OFFICE Through the
Administrator CARMELITA N. ERICTA,
Respondent,
x----------------------------------------------------------/
PETITION
COMES NOW the Petitioner, by the undersigned counsel and unto this Honorable Court,
respectfully avers that:
1. Petitioner is 30 years of age, married, Filipino and a resident of Poblacion, Carmen,
Cebu, Philipines;
2. Respondent is a government official whose functions include the custody of birth
records as well as registration thereof. Respondent is holding office at Municipal Hall
Compound, Poblacion, Carmen, Cebu, Philippines where summons and other court
processes can be served;
3. Petitioner was born on December 8, 1980 in Carmen, Cebu and duly recorded in the
Local Civil Registry of Carmen, Cebu as evidenced by the Certificate of Birth issued
by the Local Civil Registrar of Carmen, Cebu herein attached as Annex “A”;
4. Petitioner has made himself known to the public for the past thirty (30) years and
continues to do so as JOVER POGOY, as shown by his school diploma. Attached
herein and made integral part of this Petition is his Secondary Diploma issued by
Carmen National High School marked as Annex “B”;
5. Recently, Petitioner secured an authenticated copy of his birth record from the
National Statistics Office. Attached and made an integral part of this Petition is the
Certificate of Live Birth of JOVER C. POGOY marked as Annex “C”;
6. To the dismay of the herein Petitioner, it appears that there were errors in the entry of
his record, particularly:
Surname of the Child
Surname of the Father of the Child
:
:
JOVER PUGOY
CELESTINO PUGOY
7. After the discovery of the erroneous entries in his birth record, Petitioner secured a
birth certificate from the Carmen Civil Registrar’s Office and the same errors were
discovered;
8. In order to avoid confusion and to straighten the entries in his birth record, Petitioner
filed this instant Petition in order to have the erroneous entries rectified and further
reflect his correct surname and the surname of his father which should be entered as:
Surname of the Child
Surname of the Father of the Child
: JOVER POGOY
: CELESTINO POGOY
9. Petitioner ahs no derogatory record in his character as evidenced by the clearances
issued by the proper authorities herein attached as Annex “D”, “E”, “F”, “G”, “H”,
and “I”, respectively;
PRAYER
WHEREFORE, it most respectfully prayed that, after the due notice and publication,
and hearing, this Honorable Court adjudge and order herein Respondent to effect the rectification
of the Birth Record of JOVER C. POGOY pertaining to the entries in the surname of the child
from JOVER C. PUGOY to JOVER C. POGOY and the surname of the father from
CELESTINO PUGOY to CELESTINO POGOY.
Other reliefs just and equitable under the circumstances are likewise prayed for.
RESPECTFULLY SUBMITTED.
August 4, 2014. Danao City, Cebu Philippines.
DEPARTMENT OF JUSTICE
PUBLIC ATTORNEY’S OFFICE
Danao City District Office
COUNSEL FOR PETITIONER
By:
MARISSA M. BERING
Public Attorney II
Attorney’s Roll No. 88888
IBP No. 88888, 02.28.14, Cebu
MCLE Compliance No. III-88888888/03.24.14
VERIFICATION and CERTIFICATION
OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES}
CITY OF DANAO…………………}SS
X--------------------------------------------------------/
I, JOVER C. POGOY, after being sworn to in accordance with law, deposes and states:
1. That, I am the Petitioner in the above-entitled case;
2. That, I have caused the Petition to be prepared and has read the contents thereof;
3. That, the allegations therein are true and correct of own knowledge and authentic
documents;
4. That, I have not therefore commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other tribunal, agency
or hearing officer, to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any other tribunal, agency or
hearing officer; if I should learn thereafter that a similar action or proceeding has
been filed or pending, I shall undertake to report such fact within five (5) days
therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature this
August 04, 2014 in Danao City, Cebu, Philippines.
JOVER C. POGOY
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this August 04, 2014 in Danao City,
Philippines. Affiant appeared and exhibited his Community Tax Certificate No. 27111827 issued
on August 2, 2014 in Carmen, Cebu.
MARISSA M. BERING
Public Attorney II
(Subscribed pursuant to R.A. 9406)
Copy furnished via registered mail due to the distance of the offices:
The Solicitor General
Office of the Solicitor General
134 Amorsolo St., Legaspi Village
Makati City, Philippines
Posted at __________
Posted on__________
Letter No.__________
The Local Civil Registrar of Carmen, Cebu
City Hall Compound, Poblacion
Carmen, Cebu
Posted at __________
Posted on__________
Letter No.__________
MS. CARMELITA N. ERICTA
National Statistics Office
3/F Vibal Building, corner Times Street
Quezon City
Posted at __________
Posted on__________
Letter No.__________