Cancellation of Entry

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
Page 2 of 6
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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
Page 3 of 6
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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:
Petition
Page 4 of 6
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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.
Petition
Page 5 of 6
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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
Page 6 of 6
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Counsel for the Petitioner

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Republic of the Philippines

Third Judicial Region

IN THE MATTER OF: PETITION

-versus- SP Proc. Case No. _____________

THE CIVIL REGISTRAR

Petitioner, thru the undersigned counsel, unto this Honorable

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

2. Public respondents are the repositories of records

individual. The Civil Registrar General holds office at 3/F

3. Petitioner is the daughter of xxxxx and xxxxxand was

4. Petitioner’s parents were both Overseas Filipino Workers

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

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

6. Having mentioned that the petitioner was born in

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

A copy of the UAE Ministry of Health issued Birth Certificate

8. The UAE issued birth certificate of the petitioner was

10.Months after petitioner’s birth, she was baptized at

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

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

12.Years thereafter, petitioner went home to the Philippines

13.It was then that she discovered that her grandmother

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

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

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

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

Section 2. Period of registration of births. The

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

19.Hence, petitioner hereby desires to avail the remedy

Cancellation Or Correction Of Entries In The

Section 1. Who may file petition. — Any person

20.To further support the allegation that she was born in

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

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

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

WHEREFORE, it is most respectfully prayed of this Honorable

Petitioner respectfully prays for other relief just and equitable

Cabanatuan City, Nueva Ecija. January 22, 2021.

Counsel for the Petitioner

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