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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7TH JUDICIAL REGION
Branch 58
CEBU CITY

CHARLES FALCON and

CHRISTINE FALCON
Petitioners,
Spec. Proceedings No. 12345

-versus- For: CORRECTION OF

ENTRIES IN BIRTH
CERTIFICATE OF CLAIRE
AVILA

OFFICE OF THE CITY CIVIL REGISTRAR-

CEBU CITY,

Respondent.

X----------------------------------------------------/

PETITION

COMES NOW the petitioners through the counsel, and unto this
Honorable Court, most respectfully allege:

1. Petitioners are of legal ages, Filipinos and residents of Golden Valley

Hotel, Cebu City where they can be served with summons and other court
processes;

2. Respondent is impleaded in its official capacity as the agency who records

acts, events, legal implements and court decrees concerning the civil status
of persons. It can be served with summons and other court processes at
City Health Building, Gen. Maxilom Extension, Cebu City;

3. Petitioners got married on 25 May 2005 at Sacred Heart Church, Cebu

City, copy of certificate of marriage is attached as Annex “A” hereof. Their
marriage was born out of love and since petitioner Christine was also
bearing the child of petitioner Charles;

4. Eventually the child, Claire, was born, a month after, on 18 June 2005 at
the Cebu City Medical Center, Cebu City. Her birth was registered with
respondent Office of the City Civil Registrar, Cebu City on 25 June 2005,
with the name “CLAIRE AVILA”, a copy of the certification of birth
from the respondent Civil Registry is attached and marked as Annex “B”
hereof;
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5. Despite petitioner Charles Falcon having furnished the Cebu City Medical
Center the marriage certificate, the medical center failed to reflect
petitioner Charles Falcon as the father and the date and place of the
marriage of both the petitioners;

6. From his birth until the present, petitioner Charles has recognized the
child Claire as his natural and legitimate child born during his marriage
with petitioner Christine;

7. A child born during marriage is presumed to be a legitimate child. Hence

to correct this material error, petitioners filed this instant petition.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable Court

to render judgment:

a. DECLARING the child CLAIRE AVILA as the legitimate child of

petitioner CHARLES FALCON;

b. DIRECTING RESPONDENT City Registrar to amend the birth

certificate of the child CLAIRE AVILA as follows:

1. Amending the name indicate as “CLAIRE AVILA” to

“CLAIRE FALCON” to include the surname of his father
“Falcon”.
2. Entering the name of father as “CHARLES FALCON” and his
citizenship as “Filipino”.
3. Entering the date of marriage as “25 May 2005”
4. Entering the place of marriage as “Cebu City”

Other relief and remedies are likewise prayed for.

November 11, 2018, Cebu City, Philippines.

JOSE GLENN CAPANAS

Counsel for Petitioner
605, Cebu holdings Center Bldg.,
Cardinal Rosales Ave., Cebu City 6000 Cebu
IBP LRN 12345/Cebu Chapter
PTR No. 12345/ December 31, 2019/Cebu City
MCLE No. 12345/ 10 August 2019
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REPUBLIC OF THE PHILIPPINES. )

CITY OF CEBU ) S.S.

X------------------------------------------------X

VERIFICATION / CERTIFICATION AGAINST FORUM-

SHOPPING

We, CHARLES FALCON and CHRISTINE FALCON of legal ages,

Filipinos and a resident of Golden Valley Hotel, Pelaez Street, Cebu, after being
duly sworn, depose and state:

1. That we are the parents of minor child Claire Falcon, the petitioners in
the above entitled case;

2. That we have caused the preparation of the foregoing Petition;

3. That we have read the same and that all the allegations of facts therein
contained are true and correct to the best of our personal knowledge
and/or based on authentic records;

4. That in compliance with Supreme Court Circular and Rules of Procedure,

we hereby certify that we have not theretofore commenced any action or
filed any claim involving the same issues of any court, tribunal or quasi-
judicial agency involving the same parties and issues and to the best of my
knowledge, no such other action or claim is pending therein; and that if
we should thereafter learn that the same or similar action, claim or
proceeding has been filed or is pending before any court, tribunal or quasi-
judicial agency, we undertake to promptly inform his Honorable Court of
that fact within five (5) days from knowledge thereof.

IN WITNESS WHEREOF, we hereunto set our hand this November 11,

2018, at Cebu City, Philippines.

CHARLES FALCON CHRISTINE FALCON

Affiant Affiant
TIN no. 123-456-7890-000 PAGIBIG Id. No. 1234-5678-9000

SUBSCRIBED AND SWORN TO before me this November 11,

2018, at Cebu City Philippines. Affiant exhibiting me their evidence of identity
as detailed.
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KAT R. PILAR
Notary Public – Cebu City
Commission Serial No. 12345
Until December 31, 2018
Roll of Attorney 12345
IBP LRN 12345/Cebu Chapter
PTR No. 12345/ December 31, 2018/Cebu City
MCLE No. 5/ 10 August 2018
605, Cebu holdings Center Bldg.,
Cardinal Rosales Ave., Cebu City 6000 Cebu

Doc. No. 148

Page No. 28
Book No. 02
Series of 2018.