Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch ___
Vigan City, Ilocos Sur

IN RE: CORRECTION AND/OR

CANCELLATTION OF ENTRY IN
THE CIVIL REGISTRAR OF BIRTH
OF MARY GRACE RABAINO Spl. Proc. Case No. 8075-V-2021

MARY GRACE RABAINO,

Represented by her Attorney-in-Fact
MARGARETTE RABAINO DEL PILAR
Petitioner,

-versus-

LOCAL CIVIL REGISTRAR of

VIGAN CITY, ILOCOS SUE
AND THE CIVIL REGISTRAR
GENERAL, PSA, QUEZON CITY,
Respondents.
x---------------------------------------------------x

PETITION

THE PETITIONER, thru his undersigned counsel and unto the Honorable
Court, most respectfully aver:

1. That the Petitioner is of legal age, married, Filipino citizen and a resident
of Brgy. Tamorong, Sta. Catalina, Ilocos Sur where the processes of the Honorable
Court may be served; whereas the respondents Local Civil Registrar and the Civil
Registrar General are being impleaded herein being the repositories of the Birth
Record sought to be corrected and with office address at the City Hall, Vigan City,
Ilocos Sur and the Philippine Statistics Authority 3/F Vibal Bldg., Times Street
cor. EDSA, West Triangle, Quezon City where processes of the Honorable Court
may be served, respectively;

2. That herein petitioner is the guardian of minor Mary Grace Rabaino and
she was duly authorized by her mother to file the instant Petition as evidenced by
hereto attached copy of the Special Power of Attorney executed by Angelita R.
Rabaino marked as Annex/Exhibit “A” hereof;

3. That said minor child is ten (10) years old, having been born on January
12, 2012 at Camanggaan, Vigan City, Ilocos Sur and the biological and illegitimate
daughter of Angelita Reonal Rabaino;
 4. That her facts of birth was belatedly registered on September 11, 2013 as
evidenced by hereto attached copy of her Certificate of Live Birth marked as
Annex/Exhibit “B” hereof;

5. That in her Records of Birth and/or Certificate of Live Birth, her date of
birth was erroneously recorded as JANUARY 12, 2011 instead of JANUARY 12,
2012 which is the true and correct one;

6. That her true and correct Date of Birth is JANUARY 12, 2012 and not
JANUARY 12, 2011 as shown by her Certificate of Dedication (Baptism) issued
by Rev. Benito P. Lacaden of the Philippine General Council of the Assemblies of
God, Inc.; A copy of which is hereto attached and marked as Annex/Exhibit “C”
hereof;

7. That also, there is an entry in her middle name which is the middle name
of her natural mother REONAL which should have remained black or without any
entry pursuant to law and the ruling of the Honorable Supreme Court in Republic
vs. Trinidad R. A. Capote, G.R. 157043, February 2, 2007 considering that she was
not acknowledged by any father and that she followed the family name of her
mother RABAINO, hence, said Middle Name should be deleted;

8. That the foregoing erroneous entries were not made intentionally to

conceal the true identity of the minor child but was an honest mistake and/or thru
inadvertence on the part of the informant and/or the one who caused the
registration thereof in her records of birth;

9. That this petition is filed to correct the erroneous entries in the records of
birth of the minor child Mary Grace Rabaino in order to straighten her official
records as follows, to wit:

DATE OF BIRTH: From: JANUARY 12, 2011 To: JANUARY 12, 2012;

MIDDLE NAME: From: REONAL To: No Entry/Not Applicable;

10. That in order to prove the material allegation in this Petition, the
following witnesses will be presented, to wit:

a) Margarette Rabaino Del Pilar - Tamorong, Sta. Catalina, Ilocos Sur;

b) Teresita L. Anicoche - Bongtolan, Vigan City, Ilocos Sur;

11. That the testimonies of the above-named witnesses will prove the
material allegations in the petition and they will also identify documents in
connection thereof;

12. That the following documents as mentioned above will be presented in

court, to wit:

a) Special Power of Attorney

executed by Angelita R. Rabaino - Exhibit “A”;
 b) Certificate of Live Birth of
Mary Grace Rabaino - Exhibit “B”;
c) Certificate of Dedication (Baptism)
issued by Rev. Benito P. Lacaden - Exhibit “C”;

Other documentary exhibits are hereby reserved to be presented and marked

in open court.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of the

Honorable Court that after due publication, notice and hearing, a Decision be
issued directing the respondent offices of the Local Civil Registrar of Vigan City
and the Civil Registrar General, Quezon City to cause the correction and/or
cancellation of the erroneous entries in the Civil Registry of Birth of Mary Grace
Rabaino to straighter her records and to conform to the provisions of the law as
follows, to wit:

DATE OF BIRTH: From: JANUARY 12, 2011 To: JANUARY 12, 2012;

MIDDLE NAME: From: REONAL To: No Entry/Not Applicable;

Other reliefs just and equitable in the premises are also prayed for.

Vigan City, Ilocos Sur.

August ___, 2022.

The Clerk of Court

Regional Trial Court, Branch ____
Vigan City, Ilocos Sur

Greetings! Please set, and take notice of, the hearing of the foregoing
Motion for Reconsideration on ___________ at _____________ o’clock in the
morning on which tine and date the undersigned will submit the same for the
consideration and approval of the Honorable Court. It is further manifested that the
undersigned will submit the foregoing motion even in his absence. Thankyou.

Copy furnished: