REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
7th Judicial Region
Branch ___
CEBU CITY, Cebu

IN THE MATTER OF CORRECTION 
OF ENTRIES CORRESPONDING TO
THE BIRTH RECORD OF
“ANGELLY YURAG OMMO THONG”

TO

“ANGELIE SON YURAG”,

SP PROC NO.: __________
Petitioner;
For: Change of Last Name
-versus- under Rule 108 with Correction
of Entries on the Certificate of
THE LOCAL CIVIL REGISTRAR OF Live Birth of Angelie Yurag
MEDELLIN, CEBU, HELEN J. (Registry No. 90-1024)
TAFALLA;

THE LOCAL CIVIL REGISTRAR OF

GINATILAN, CEBU, RIZZA M.
AWAYAN;

FLAVIANO CADUNGOG OMOTONG;

and NIDA SON YURAG,

Respondent.

x----------------------------------------------------------/

PETITION

COMES NOW, the Petitioner, by the undersigned counsel and unto

this Honorable Court, respectfully avers that:

THE PARTIES

1. Petitioner is twenty-eight (28) years of age, single, Filipino and a

resident of Sitio Lahing-Lahing, Mabolo, Cebu City, Cebu, Philippines. For

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purposes of this case, summons and other court processes can be served to
the undersigned counsel’s office address;

2. Respondents are—

2.1. Helen J. Tafalla, the Local Civil Registrar of Medellin,

Cebu, a government official whose functions include the custody of
birth records as well as the registration thereof. Respondent is holding
office at 1st Floor Municipal Hall, Poblacion, Medellin, Cebu,
Philippines where summons and other court processes can be served;

2.2. RIZZA M. AWAYAN , the Local Civil Registrar of

Ginatilan, Cebu, a government official whose functions include the
custody of birth records as well as the registration thereof. Respondent
is holding office at Municipal Hall Building, National Highway,
Ginatilan, 6026 Cebu

2.3. Flaviano Omotong, of legal age, single and a resident of

Lulumpan, Cagsing, Ginatilan, Cebu where summons and other court
processes can be served;

2.33. Nida Son Yurag, of legal age, single and a resident of

Lulumpan, Cagsing, Ginatilan, Cebu where summons and other court
processes can be served;

CAUSE OF ACTION

3. Petitioner was born on July 27, 1990 to Flaviano Cadungog

Omotong and Nida Son Yurag, without the benefit of marriage;

4. Petitioner has been known to be Angelie Son Yurag since her

childhood on the basis of her Certificate of Live Birth1 which was belatedly
registered in 1999 bearing the Registry No. 99-014;

5. Petitioner presented herself as and used the name Angelie Son

Yurag in all of her legal and official documents such as the following;

Baptismal Certificate Issued by St. Gregory attached as Annex “B”

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Certificate of Live Birth, Registry No. 99-014, a certified true copy of which is attached as Annex “A”,
“A-1” and a photocopy of her Certificate of Live Birth issued by the PSA as Annex “A-2”, “A-3”.

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 The Great Parish on
June 20, 2004

Highschool School Certificate attached as Annex “C”

DiplomaSchool Issued by Kagsing
Records Elementary School for
school year 1996-1997
when the petitioner
attended Day
Care/Kindergarten,
issued on November 9,
2018Issued by
Guiwanon National
High School on March
31, 2008
School Certificate Attached as Annex “C-
issued by Kagsing 1”
Elementary School that
the petitioner
graduated from their
institution on S.Y.
2003-2004, issued on
November 9, 2018
Diploma Issued by Attached as Annex “C-
Guiwanon National 2”
High School on March
31, 2008
School Certificate Attached as Annex “C-
issued by Guiwanon 3”
National High School
on November 8, 2018
that the petitioner
graduated from their
institution

Transcript of Records Issued by the attached as Annex “D”

University of Cebu –
Lapulapu and Mandaue
on May 7, 2010

Philippine Passport Issued by DFA Cebu attached as Annex “E”

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 on April 19,
2016August 20, 2011
valid until April 18,
2016
Issued by DFA Cebu Attached as Annex “E-
on April 19, 2016 valid 1”
until April 18, 2021

Police Clearance Issued by Cebu City attached as Annex “F”

Police Office on June
10, 2019

Voter’s Certification Issued by COMELEC attached as Annex “G”

on July 5, 2016

SSS Form E-1 Received on April 20, attached as Annex “H”

2010 and “H-1”

PhilHealth Member’s Registered on August attached as Annex “I”

Data Record (MDR) 20, 2010

NBI Clearance Issued by NBI on April attached as Annex “J”,

8, 2013, May 6, 2014 “J-1” and “J-2”
and July 1, 2019

BIR Form 2316 For the year 2012, attached as Annex “K”
2013 and 2017 “K-1” and “K-2”

Entry in Daughter’s Registry No. 2013 attached as Annex

Birth Certificate 06267; registered on “L”, “L-1”
(Mother’s Name) February 27, 2013
(PSA COPY)

The original copy from Attached as Annex “L-

the Local Civil 3”
Registrar

Daughter’s Baptismal Attached as Annex “L-

Certificate issued on 4”
October 26, 2014

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 6. That sometime on May 25, 2017in 2016, petitioner discovered the
discrepancies in her birth records when she requested a new NSO (now,
PSA) copy of her birth certificate for purposes of claiming a new Transcript
of Records (TOR) from the University of Cebu for purposes of employment
and since petitioner wanted to pursue her studies;

7. She was surprised when she was told by the NSO officer that her
Certificate of Live Birth with Registry No. 99-014 was cancelled because of
the existence of an earlier filed Certificate of Live Birth bearing the Local
Civil Registry No. 90-10242;

8. However, the Certificate of Live Birth with Local Registry No. 90-
1024 contained several erroneous entries, to wit—

8.1. Petitioner’s name was recorded as “Angelly Yurag

Ommo Thong” when petitioner has been using the name Angelie
Son Yurag in all her records relying in good faith with the Certificate
of Live Birth with Registry No. 99-014. The Petitioner has validly
obtained a PSA3 copy. It was only on 2017 that she was no longer
issued a PSA copy of her Certificate of Live Birth bearing her name
“Angelie Son Yurag”;

8.2. The name of the petitioner’s father was spelled as

“Flaviano C. Ommo Thong” when based on his birth records issued
by the Local Civil Registrar, it should be Flaviano C. Omotong.
Attached is a certified true copy of Flaviano Omotong’s Certificate of
Live Birth attached as Annex “N”.

8.3. The date and place of marriage of parents reflects “July 3,

1989, Medellin” when no such marriage ceremony took place on the
said date and place. In fact, both Flaviano and Nida has remained
unmarried. Attached herein are the Certificate of No Marriage
(CENOMAR) of Flaviano Cadungog Omotong and Nida Son Yurag,
marked as Annex “O”4 and Annex “P”5, respectively;

2
Certificate of Live Birth, Registry No. 90-1024, a certified true copy of which is attached as Annex “M”;
3
Philippine Statistics Authority
4
Certified True Copy of the CENOMAR of Flaviano Omotong issued on December 22, 2017. (Annex O)
Certified True Copy of the CENOMAR of Nida Yurag issued on December 18, 2018.
5
Certified True Copy of the CENOMAR of Nida Yurag issued on December 18, 2018. (Annex P)Certified
True Copy of the CENOMAR of Flaviano Omotong issued on December 22, 2017.

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 8.4. Lastly, the name of the Informant bears the name of
petitioner’s mother when in truth and in fact, her mother did not
request nor file the late registration back in 1990. Her mother was
completely unaware of the existence of such record. It was only in
1999 that petitioner’s mother belatedly filed for the registration of
petitioner’s birth in which Registry No. 99-014 was issued. Attached
as Annex “Q” is the Affidavit of Nida Son Yurag, attesting to the
foregoing fact.

Also, there is a stark difference in the signature of Nida Son

Yurag, signing as the informant, in Registry No. 90-1024 (marked as
Annex “R”) and in Registry No. 99-014 (marked as Annex “S”), the
latter being her true Signature as she personally processed the late
registration in 1999 and signed the same. Also notable, the Affidavit
for Delayed Registration portion of Registry No. 90-10246 was
executed and signed by a certain Calda whom the petitioner’s mother
do not personally know;

9. Thus, to avoid confusion, the petitioner files this instant petition,

impleading the indispensable parties, for the correction of the entries of her
birth certificate under Rule 108 of the Rules of Court with a petition to
change her name indicated in Annex “M” from “Angelly Yurag Ommo
Thong” to “Angelie Son Yurag”.

DISCUSSION

10. A change of name is a privilege and not a matter of right; a proper

and reasonable cause must exist before a person may be authorized to
change his name. Children conceived and born outside a valid marriage are
illegitimate. Article 176 of the Family Code, as amended by RA 9255,
provides:

“Illegitimate children shall use the surname and shall be

under the parental authority of their mother, and shall be entitled to
support in conformity with this Code. However, illegitimate children
may use the surname of their father if their filiation has been
expressly recognized by their father through the record of birth
appearing in the civil register, or when an admission in a public
6
Already attached as Annex “M” and “M-1”

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 document or private handwritten instrument is made by the father.
Provided, the father has the right to institute an action before the
regular courts to prove non-filiation during his lifetime. The legitime
of each illegitimate child shall consist of one-half of the legitime of a
legitimate child. (Emphasis supplied)”

In this case, the petitioner was born out of wedlock, thus, she is an
illegitimate of her parents. As an illegitimate child and there being no
Affidavit to Use Surname of the Father executed nor a written
acknowledgment/recognition by the father, petitioner should bear the
surname of her mother, Nida Son Yurag, as hers. Assuming arguendo that
there was an express recognition of petitioner’s filiation to his father, the
word “may” signifies that the petitioner has the choice not to bear the
surname of her father.

11. Moreover, the subject birth record, Registry No. 90-1024, has not
been registered in accordance to Section 5 of Act No. 3753 otherwise known
as the Civil Registry Law. The said law provides:

“xxx In case of an illegitimate child, the birth certificate shall

be signed and sworn to jointly by the parents of the infant or only the
mother if the father refuses.”

In this case, Registry No. 90-1024 was neither signed nor sworn to by
both Flaviano C. Omotong and Nida Son Yurag. Petitioner’s mother, Nida
Son Yurag, denied knowledge of the existence of such record. Had her
mother known about Registry No. 90-1024, she would not have filed for the
petitioner’s late registration in 1999 which resulted in the issuance of
Registry No. 99-014. Also, it is noteworthy to emphasize that the signature
of Nida Son Yurag as the informant in Registry No. 90-1024 has been
forged as it is different from her signature as appearing in Registry No. 99-
014 which she herself facilitated the registration and signed and sworn to.
Correspondingly, the Affidavit for Delayed Registration in Registry No. 90-
1024 was attested to and signed by a certain Calda whom petitioner’s mother
do not personally know.

Moreover, petitioner’s father, Flaviano C. Omotong also denied

knowledge of the existence of Registry No. 90-1024. He denied signing any
birth record pertaining to the petitioner nor caused the registration of one. He
also do not personally know Calda, the person who signed the Affidavit for

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Delayed Registration who presumably initiated the registration of Registry
No. 90-1024.

Attached is the affidavit of Flaviano C. Omotong attesting to the

foregoing facts as Annex “T”.

12. In Republic vs. Valencia7, it was held that even substantial errors
in a civil registry may be corrected and the true facts established under Rule
108 of the Rules of Court provided the parties aggrieved by the error avail
themselves of the appropriate adversary proceeding. Considering that the
changes sought to be made by petitioner include not merely clerical or
harmless errors but substantial ones as they would affect the status of the
marriage between her parents, as well as her legitimacy, the present petition
properly filed following the rules under Rule 108 of the Rules of Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

that the Honorable Court issue an order:

(a) Cancelling Registry No. 90-1024 and for the issuance of a new
record in lieu thereof or in the alternative, allowing the correction of the
following entries in Registry No. 90-1024:
1. Change the of name of petitioner from “ANGELLY YURAG
OMMO THONG” to “ANGELIE SON YURAG”;
2. Correction of the petitioner’s father’s name from “Flaviano C.
Ommo Thong” to “Flaviano C. Omotong”;
3. Deletion of the Date and Place of Marriage of the parents and
replacing it instead with “NO MARRIAGE” and “NOT
APPLICABLE”, respectively; and

(b) Directing the Local Civil Registrar and all other relevant
government agencies to reflect the above-mentioned changes in their
records.

LIKEWISE, petitioner prays for other reliefs deemed equitable and

proper under the premises.

Respectfully submitted. Cebu City, Philippines, July __, une 13, 2019.

CABRERA SIPALAY MAYOL SALAS & BACALSO

LAW OFFICES
7
G.R. No. L-32181, March 5, 1986

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 Room 206, Aniceta Bldg.,
Osmeña Blvd., Capitol Site, Cebu City
Tel. No. (032) 255-7476 ; (032)255-2872

By:

ATHENA M. SALAS
Counsel for the Petitioner-Angelie Son Yurag
Roll of Attorneys No. 65125
IBP No. 015117; Lifetime; June 17, 2016
PTR No. 234745; 01.07.19; Cebu Province
MCLE Compliance No. VI-0005078 valid until April 14, 2022

VERIFICATION / CERTIFICATION AGAINST FORUM SHOPPING

I, ANGELLY YURAG OMMO THONG, of legal age, single,

Filipino, and a resident of Sitio Lahing Lahing, Mabolo, Cebu City, Cebu,
after having been duly sworn in accordance with law hereby depose and say,
THAT:

1. I am the petitioner in the above-entitled case;

2. As such, I have caused the preparation of the said petition and
have read and understood its contents which is true and correct of my own
personal knowledge and belief and based on the authentic documents in my
possession; and
3. I hereby certify that I have not commenced any other action or
proceeding involving the same issues in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; to the best of my knowledge, no
such action or proceeding is pending in the Supreme Court, the Court of
Appeals or different divisions thereof, or any other tribunal or agency;
4. If I should thereafter learn that a similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of Appeals
or different divisions thereof, or any other tribunal or agency, I undertake to
promptly inform the aforesaid courts and such other tribunal or agency of
that fact within five (5) days therefrom.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of July 2019 at Cebu City, Philippines.

ANGELLY YURAG OMMO THONG

Affiant

SUBSCRIBED AND SWORN TO before me, this _____ day of

October 2013 at Cebu City, Philippines. Affiant exhibited to me his Driver’s
License ID with No. ________________ which will expire on
_______________ issued at ________________.

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Doc. No. ______
Page No. ______
Book No. ______
Series of 2019.

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