REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA CITY

IN RE: PETITION FOR CANCELLATION

AND CORRECTION OF ENTRIES OF LIVE
BIRTH OF DANE D. ALCOMENDREZ
PETITIONER,

vs
SPL.PROC. Case No.
LGM28A

MANILA CIVIL REGISTRY OFFICE,

OFFICE OF THE CIVIL REGISTRAR-
GENERAL, AND KRISHA DOMINGO
RESPONDENT,
x---------------------------------------------------------------x

PETITION
Petitioner, through the undersigned counsel, and unto
this Honorable Court, most respectfully states that:

1. Petitioner DANE D. ALCOMENDREZ is of legal age,

Filipino Citizen, single, and a resident of 2173 Fidel A.
Reyes Street, Malate, Manila, where he may be served
with summons, notices, orders and other processes of
the Honorable Court.

2. Respondent Civil Registry Office, City of Manila, is a

government agency or instrumentality wherein the
subject Certificate of Live Birth was recorded, with
address at the Manila City Hall, Mayor Antonio J. Villegas
Road, Ermita, Manila, where it may be served with
summons, notices, orders and other processes of the
Honorable Court.
1|Page
 3. Respondent, Krisha B. Domingo, is of legal age,
Filipino Citizen, a resident of 2173 Fidel A. Reyes Street,
Malate, Manila, and the mother of herein petitioner,
where she may be served with summons, notices, orders
and other processes of the Honorable Court.

For the guidance of this Honorable Court, the material

facts surrounding this case are as follows:

4. On August 5th, 2001, petitioner’s mother, Krisha B.

Domingo, was in Quezon City together with other
relatives and her friend Leigh Anne Lumakin, to celebrate
her mother’s 70th birthday. She was also in her third
trimester of pregnancy with the petitioner. In the
morning of 6th of August 2001, Krisha B. Domingo, had
a strong contraction and was about to give birth to the
petitioner. The petitioner’s father, Dustin Alcomendrez
and Leigh Anne Lumakin called and fetch a midwife,
Lorainne Warren, to assist the petitioner’s mother to give
birth to Dane Domingo in their said address at Quezon
City.

5. However, the midwife was at her duty at the time

when Krisha Domingo was experiencing strong
contractions. Therein, around past 3 o’clock in the
morning, she gave birth to the petitioner without any
medical assistance and only together in the presence of
her parents and the said friend, Leigh Anne Lumakin.
After giving birth, she was shouting due to excruciating
pain and her parents decided to rush her and the
newborn, the petitioner herein, to the nearest hospital
in their area, Ospital ng Maynila located in Quirino
Avenue, Roxas Blvd., wherein the said midwife was also
working. The mother’s petitioner gave birth to Dane
Alcomendrez on August 6, 2001, in a place of abode of
her parents in Quezon City.

6. The Ospital ng Maynila accomplished the necessary

form and filed in the same with the Office of the Civil
Registry of Manila, to register the fact of the petitioner’s
birth. The date that they issued the birth of the said
Petitioner was July 6, 2000 (‘'Annex A’’). Therefore, the
petitioner’s Certificate of Live Birth was consequently
issued.

2|Page
 7. The Certificate of Live Birth officially registered and
a copy of the said Certificate of Live Birth with Registry
No. 2000-J2197, is hereto attached and marked as
Annex “A”.

8. Petitioner only knew in 2022, when he was compiling

the necessary documents needed in applying for a job,
that some entries indicated in his Certificate of Live Birth
was erroneously entered. The subject birth certificate
registered by the Local Civil Registrar of Manila states
the following:

Birth Certificate with Registry No. 2000-J2197:

a. Name: Dane/ Domingo/ Alcomendrez;
b. Date of Birth: July 6, 2000;
c. Place of Birth: Ospital ng Maynila;
d. Informant: Lorainne Warren

9. The petitioner is respectfully been using the

Certificate of Live Birth which was accomplished and filed
by Ospital ng Maynila (Annex ‘’A’’), and it was only on
August 2022 that he learned that the date of birth was
incorrect and manifested this court to correct the date of
birth of the Certificate of Live Birth of the petitioner; that
the Certificate of Live Birth issued by the NSO, therefore,
contains substantial error within the premises of the
petitioner’s birth date.

10. Petitioner was registered at birth as a male, (Annex

‘’B’’), however, throughout the years, he developed
secondary female characteristics and was diagnosed to
have Congenital Adrenal Hyperplasia (CAH) (Annex
‘’C’’) in May 2016 which is a condition where persons
thus afflicted possess both male and female
characteristics whereas there is a a manifestation of
higher levels of estrogen by the petitioner that the
estrogen also widens the pelvis and increases the
amount of body fat in hips, thighs, buttocks, and breasts.

11. The petitioner further alleged that there is an

enlargement of his breast and erection of nipples. At the
age of 7, his parents convinced him to do ultrasound
wherein they discovered that he has ovaries; that at the
age of 14, his breast kept growing larger and there is a
menstrual development as the test revealed.

3|Page
 12. Petitioner also developed to claim that he has
changed into a woman, in terms of all his interests,
appearances, as well as his thinking and emotions.

13. Therefore, the petitioner thinks that he is a female

because of his condition Congenital Adrenal
Hyperplasia (CAH) (Annex ‘’C’’), for this reason, he
pray for this court to change his gender from male to
female of his Certificate of Live Birth.

14. On the contrary, the petitioner has been known as

DANIELA DOMINGO, as his parents and friends from
school call him that name and he believes that he is a
female.

15. He also alleged that he is an illegitimate child

considering that his parents were never married
(Annex ‘’H’’), so he had to follow the surname of her
mother and that their father left them when he was still
young to be with another woman and now has a new
family of his own and do not want to be associated with
them in any way especially by including and carrying
the surname of his illegitimate son, herein petitioner.

16. In support of his petition, he submitted his

academic records from elementary up to college
showing that he carried the surname Domingo and not
Alcomendrez (Annex “G”), and other documents
(Annex “G.1”). He also submitted a certification from
the National Statistics Office (now Philippine Statistics
Authority PSA), stating that his mother, Krisha
Domingo, "does not appear in [its] National Indices of
Marriage", marked as Annex “H”.

Since respondent’s desired change affects his

civil status from legitimate to illegitimate, Rule 108
applies. It reads:

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 [RTC] of the province
where the corresponding civil registry is located.
4|Page
 Prior to its amendment, Article 176 of the Family
Code 11 reads:

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. The legitime of each illegitimate child shall
consist of one-half of the legitime of a legitimate
child. Except for this modification, all other
provisions in the Civil Code governing successional
rights shall remain in force. (Emphasis supplied)

This has been implemented in the National

Statistics Office Administrative Order No. 1-93 or the
Implementing Rules and Regulations of Act No. 3753
and Other Laws on Civil Registration (IRR of Act No.
3753),12 to wit:

RULE 23. Birth Registration of Illegitimate children. -

(1) Children conceived or born during the marriage
of the parents are legitimate. Children conceived and
born outside a valid marriage unless otherwise
provided in the Family Code are illegitimate.

(2) An illegitimate child born before 3 August 1988

and acknowledged by both parents shall principally
use the surname of the father. If recognized by only
one of the parents, the illegitimate child shall carry
the surname of the acknowledging parent. If no
parent acknowledged the child, he shall carry the
surname of the mother.

(3) The name/s of the acknowledging parent/s, shall

be indicated in the Certificate of Live Birth.

(4) An illegitimate child born on or after 3 August

1988 shall bear the surname of the mother.
(Emphasis supplied)

Upon the effectivity of RA 9255, the provision

that illegitimate children shall use the surname and
shall be under the parental authority of their mother
was retained, with an added provision that they may
use the surname of their father if their filiation has
been expressly recognized by their father. Thus,

5|Page
 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 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.

17. Also, petitioner prays for the correction of his

mother’s nationality from “Spanish” to “Filipino”,
indicated in his Certificate of Live Birth (Annex “D”),
which was purely an error because both of his parents
are natural born Filipino citizens (Annex “E”, “E.1”, &
“F”).

18. Furthermore, petitioner sought for the cancellation

of his 2nd birth certificate registered in the Local Civil
Registrar of Manila (LCR of Manila), with registry no.
2001-Z3453 (Annex “I”), registered by her mother,
Krisha Domingo, thinking that it would be easier to
obtain a birth certificate with correct entries by a
subsequent or second registration than filling a petition
for correction of entries of the first birth certificate,
though the said first birth certificate was validly
registered in the LRC of Manila.

19. As provided in Rule 108 of the Rules of Court:

“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

6|Page
 province where the corresponding civil registry is
located.

Section 2. Entries subject to cancellation or correction.

– Upon good and valid grounds, the following
entries in the civil register may be cancelled or
corrected: (a) births; (b)marriage; (c) deaths; (d)
legal separations; (e) judgments of annulments of
marriage; (f) judgment declaring marriages void from
the beginning; (g) legitimations; (h) adoptions; (i)
acknowledgments of natural children;
(j)naturalization; (k) election, loss or recovery of
citizenship; (l) civil interdiction; (m) judicial
determination of filiation; (n) voluntary emancipation
of a minor; and (o) change of name.”

20. Under Office of the Civil Registrar- General

Administrative Orde No. 1, Series of 1983, as amended,
it stated:

Rule 19. Reglementary Period and Place of

Registration. - (1) The birth of a child shall be
registered within thirty (30) days from the time of
birth in the Office of the Civil Registrar of the city
municipality where the birth occurred.

Rule 21. Persons Responsible to Report the Event.

–
(2) When the birth did not occur in a hospital or
clinic or in a similar institution, the physician, nurse,
midwife, "hi lot", or anybody who attended to the
delivery of the child shall be responsible both in
certifying the facts of birth and causing the
registration of such birth.

(3) In default of the hospital/clinic administrator or

attendant at birth, either or both parents of the
child shall cause the registration of the birth.

21. The petitioner respectfully asked this Honorable

Court to cancel and correct the birth record to reflect his
real name because of these reasons.

7|Page
 Prayer

WHEREFORE, premises considered, it is most

respectfully prayed to this Honorable Court that an
ORDER be issued for cancellation and correction of the
live birth certificate under the name of the petitioner
issued by the office of the local civil registrar of Manila
City to correct the month, year and birth of petitioner
from July 6, 2000 to August 6, 2001. CORRECT the
first name, middle name, and surname of the petitioner
from DANE D. ALCOMENDREZ to DANIELA
DOMINGO. Change the petitioner sex from male to
female due to his congenital adrenal hyperplasia.
CHANGE the nationality of the petitioner’s mother.
CORRECT the status of the petitioner’s parents from
married to non married. CHANGE the place of birth
of the petitioner. CANCEL the 2nd Certificate of Live Birth
registered by petitioner’s mother in the Local Civil
Registrar of Manila. And in order to reflect this, INFORM
the Philippine Statistics Authority to cancel and correct
the certificate of live birth of the DANE D.
ALCOMENDREZ.

Other just and equitable reliefs under the premises

a similarly prayed for.

This 23rd day of June, 2023 at Manila City, Philippines.

ATTY. KEY ACUYONG

Counsel for Petitioner
Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines
Roll of Attorneys No. 32561/IBP No. 85354/6-
9325/Manila MCLE Compliance No. VII-00000269/11-
08-23
PTR No. 85604563/05-7-10/ Metro, Manila
Email: keyaacuyong@lpunetwork.edu.ph/
Cell No. (0947) 8139-297

8|Page
 VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING

Republic of the Philippines

City of Manila
X........................x

I, DANE D. ALCOMENDREZ , of legal age,

FILIPINO and a resident of 2173 INT. 7 FIDEL REYES
STREET, MALATE, MANILA on oath, state:

1. That I as the petitioner to cancel the live

birth and correction in entries of live birth in the
above-entitled case have caused this a) that the
petition in the pleading are true and correct to
the best of my personal knowledge and based
on authentic records; b) the pleading is not filed
to harass, cause unnecessary delay, or
needlessly increase the cost of litigation; and c)
the factual allegations therein have evidentiary
support after a reasonable opportunity for
discovery. to be prepared; that I read and
understood its contents which are true and
correct of my own personal knowledge and/or
based on true records;

2. That I have not commenced any action or

proceeding involving the same issue and
specifically the same check/s in the Supreme
Court, the Court of Appeals or any other tribunal
or agency, particularly before the Office of the
City Prosecutor of Manila. that 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 or agency, and
that, if I should learn thereafter that a similar
action or proceeding has been filed or is pending
before these courts or tribunal or agency,

IN WITNESS WHEREOF, I have hereunto set my

hand this June 21, 2023 at Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines.

9|Page
 DANE D. ALCOMENDREZ
AFFIANT

SUBSCRIBED AND SWORN to before me this June

21, 2023 at Rm. 123, Tapia Bldg, Jorge Bocobo St,
Ermita Manila, Philippines, affiant being known to me
and personally appearing before me, exhibiting her
government issued ID, with date of issue and expiration.

ATTY. KEY ACUYONG

Counsel for the Petitioner
Roll of Attorneys No. 32561/IBP No. 85354/6-
9325/Manila MCLE Compliance No. VII-00000269/11-
08-23
PTR No. 85604563/05-7-10/ Metro, Manila
Email: keyaacuyong@lpunetwork.edu.ph/
Cell No. (0947) 8139-297

Copy furnished:

SOLICITOR GENERAL
Office of the Solicitor General
134 Amorsolo St., Legaspi Village, Makati City, 1229

ATTY. FREDDIE C. COACH

Acting Solicitor General
134 Amorsolo St., Legaspi Village, Makati City, 1229

THE HONORABLE CITY PROSECUTOR

Office of the City Prosecutor Manila

MANILA CIVIL REGISTRY OFFICE

Room 117 to 119, 1st Fl,
Manila City Hall, Metro, Manila 1000

KRISHA B. DOMINGO
Petitioner’s Mother
2173 Int. 7 Fidel Reyes Street, Malate, Manila

10 | P a g e
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA CITY

IN RE: PETITION FOR CANCELLATION

AND CORRECTION OF ENTRIES OF LIVE
BIRTH OF DANE D. ALCOMENDREZ
PETITIONER,

vs
SPL.PROC. Case No.
LGM28A

MANILA CIVIL REGISTRY OFFICE,

AND ALL PERSONS/ENTITIES WHO/WHICH MAY BE
AFFECTED THEREBY,
RESPONDENT,
x---------------------------------------------------------------x

JUDICIAL AFFIDAVIT

This is the Judicial Affidavit of DANE D.

ALCOMENDREZ. This was taken on June 21, 2023 in
the office of Atty. Key Acuyong, in her office in Rm.
123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines. It is conducted in
a language understood by the affiant and the
proceeding was duly recorded.

1. Q: Please state your name and other personal

circumstances for the record.
A: I am DANE D. ALCOMENDREZ, 22 years old,
Filipino, single, and a resident of 2173 Fidel A. Reyes
Street, Malate, Manila.

11 | P a g e
 2. Q: Are you the same Dane D. Alcomendrez, the
petitioner in this case?
A: Yes.

3. Q: Do you have any proof that your birth is being

registered in Local Civil Registrars?
A: Yes. The Authenticated Certificate of Live Birth,
issued by the National Statistics Office. (Annex “A”)

4. Q: Are the information in your Certificate of Live birth

correct?
A: No, Ma’am.

5. Q: What particular information in your live birth is

erroneously registered?
A: Month and Year of my birth, first name, middle
name and surname, sex, fact of marriage of my
parents, place of birth, and nationality of my mother.

6. Q: What was the date of your birth being erroneously

registered?
A: July 6, 2000, this should correctly be registered as
August 6, 2001.

7. Q: Why do you need to change it to August 6, 2001?

A: That is my correct date of birth and I have been
using the same since my childhood days, to my school
days and even for work purposes.

8. Q: Do you have any proof that it should be August 6,

2001?
A: Yes ma’am. My TRANSCRIPT OF RECORD AND
OTHER DOCUMENTS (Annex “G’’ & “G.1’’).

9. Q: How is it that what was entered in your certificate of

live birth was July 6, 2000?
A: I can only surmise that the one who supplied the
information during the registration of my birth
certificate on August 6, 2001 caused an inadvertent
and unintentional error in entering my date of birth.

10. Q: What was the name being erroneously registered?

A: Dane Domingo Alcomendrez, this should be
corrected to Daniela Domingo.

12 | P a g e
 11. Q: Do you have any proof that it should be Daniela
Domingo?
A: Yes. First, I was born with a condition called
Congenital Adrenal Hyperplasia (CAH) (Annex “C”),
where my parents thought I was boy and gave me the
name “Dane” and to be corrected as “Daniela”. Second,
my biological parents are not married to each other
(Annex “H”), and my father, Don Alcomendrez, that has
a different family now, do not acknowledge me as his
son and wishes for me to not carry his surname.

12. Q: What was the sex being erroneously registered?

A: The sex indicated in my Certificate of Live Birth is
“Male” and should be corrected as “Female”, since I was
born with a condition called Congenital Adrenal
Hyperplasia (CAH) (Annex “C”), a condition where
persons thus afflicted possess both male and female
characteristics whereas there is a manifestation of
higher levels of estrogen and in which this hormone
widens the pelvis and increases the amount of body fat
in hips, thighs, buttocks, and breast. Due to having this
condition corroborated by a medical expert (Annex
“C”), I was changed into a woman in terms of all my
interests, appearances, and my way of thinking and
emotions.

13. Q: What was the status of marriage being

erroneously registered?
A: The status of marriage of my parents indicated in
the Certificate of Live Birth is “Married” and should be
corrected to “Not Married”.

14. Q: Do you have any proof that the status of marriage

be changed to “Married “to “Not Married”?
A: Yes. A Certification from the National Statistics
Office (now Philippine Statistics Authority or PSA),
stating that my biological mother, Krisha Domingo does
not appear in the National Indices of Marriage (Annex
“H”).

15. Q: What was the place of birth erroneously

registered?
A: Manila is indicated on my Certificate of Live Birth
and should be corrected to Quezon City because I was
born at my grandparent’s house in Quezon City,
witnessed by our neighbor Leigh Lumakin and also

13 | P a g e
 using the same city on my records and other
documents (Annex “G” & Annex “G.1”).

16. Q: Are there more entries to be corrected in your

Certificate of Live Birth?
A: No more, all the other entries are correct, ma’am.

17. Q: What is the necessity of this petition?

A: It is necessary to correct the errors in my Certificate
of Live Birth in order to state the true and correct facts
in my certificate of live birth and to avoid any
confusion.

18. Q: Were you ever been accused of any criminal

offense anywhere in the Philippines?
A: No, ma’am.

19. Q: What are the effects of this erroneous information

to you?
A: Such discrepancy greatly affects my personal data,
and in order to avoid confusion and to remedy the
problem, I humbly ask the court to direct the Local Civil
Registrar to cause to be made the correction of the
erroneous birth date, full name, sex, marriage status of
parents, place of birth, and nationality of mother as
appearing in my Authenticated Certificate of Live Birth
(Annex “A”) from “July 06, 2000” to “August 6,
2001”, from “Dane D. Alcomendrez” to “Daniela
Domingo”, from “Male” to “Female”, from
“Married” to “Not Married”, from “Manila” to
“Quezon City”, and from “Spanish” to “Filipino”.

AFFIANT FURTHER SAYETH NONE

IN WITNESS WHEREOF, I have hereunto set my

hand this June 21, 2023 at Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines.

DANE D. ALCOMENDREZ
Affiant
ID No. 2010-0-12345

14 | P a g e
 SUBSCRIBED AND SWORN to before me this
June 21, 2023 at Rm. 123, Tapia Bldg, Jorge Bocobo St,
Ermita Manila, Philippines, affiant being known to me
and personally appearing before me, exhibiting her
government issued ID, with date of issue and expiration.

LAWYER’S ATTESTATION

I hereby declare that I conducted the examination

of the above-named witness in my office at Rm. 123,
Tapia Bldg., Jorge Bocobo St, Ermita Manila, Philippines.

Further certifying that I keep a record of the

proceedings and that the witness was not coached by
me or my assistant or by any person then present.

Done this June 21, 2023 at City of Manila.

ATTY. KEY ACUYONG

Counsel for the Petitioner
Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines
Roll of Attorneys No. 32561/IBP No. 85354/6-
9325/Manila MCLE Compliance No. VII-00000269/11-
08-23
PTR No. 85604563/05-7-10/ Metro, Manila
Email: keyaacuyong@lpunetwork.edu.ph/
Cell No. (0947) 8139-297

15 | P a g e
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA CITY

IN RE: PETITION FOR CANCELLATION

AND CORRECTION OF ENTRIES OF LIVE
BIRTH OF DANE D. ALCOMENDREZ
PETITIONER,

vs
SPL.PROC. Case No.
LGM28A

MANILA CIVIL REGISTRY OFFICE,

AND ALL PERSONS/ENTITIES WHO/WHICH MAY BE
AFFECTED THEREBY,
RESPONDENT,
x---------------------------------------------------------------x

JUDICIAL AFFIDAVIT

This is the Judicial Affidavit of LEIGH ANNE

LUMAKIN. This was taken on June 21, 2023 in the
office of Atty. Key Acuyong, in her office in Rm. 123,
Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines. It is conducted in
a language understood by the affiant and the
proceeding was duly recorded.

1. Q: Please state your name and other personal

circumstances for the record.
A: I am LEIGH ANNE LUMAKIN, 58 years old,
Filipino, married and a resident of 2175 Fidel A. Reyes
Street, Malate, Manila.

16 | P a g e
 2. Q: Do you know the petitioner in this case?
A: Yes.

3. Q: How did you meet the petitioner? and what is

your relationship with him?
A: I met Daniela because of her parents. Krisha and
her father Dustin and I are friends. We are also in
the same neighborhood.

4. Q: Do you still remember the time you accompanied

the petitioner's mother and Dustin when she was in
labor?

A: I remember that because Dustin was yelling

"help" and we were celebrating Krisha’s mother’s 70th
birthday at that time and of course I always look
after my friend Krisha because I know the hardships
of carrying a child.

5. Q: Do you remember the specific date of the

petitioner's birth?
A: I remember that day very much because I did a
lot that day and my oldest son just graduated the
other day. Daniela was born on August 6, 2001.

6. Q: Do you remember the specific place of the

petitioner's birth?
A: Yes. It was at Krisha’s parents home in Project 8,
Quezon City.

7. Q: Are you present during the birth of the petitioner?

A:Yes. It was early morning of August 6, 2001, after
the celebration of the 70th birthday of Daniela’s
grandmother in their home at Quezon City.

8. Q: Did you know that the certificate of live birth of

the petitioner was incorrect?
A: I did not know that the midwife who is present at
that time, mistakenly put a wrong date on Daniela. I
just found out when Daniela filed the petition for the
cancellation and correction of her birth certificate.

9. Q: How well did you know the petitioner?

A: I have known Daniela from childhood up to this
date, I felt like she is also my child because his when

17 | P a g e
 her parents were not in their house, I always babysit
her.

10. Q: Can you explain to us and to the Court his

condition? How did you all known that she is a
female?
A: When she was a child, we all known that she is a
male, because she has male parts like penis and
other male parts. But as time passes through, she
kept developing female parts and all of us in our
neigborhood here, noticed that something was going
with her development as a person. Her body was
changing from time to time and all of us noticed
that. I asked her mother, and then she explained to
me that she has a congenital condition that her
hormones is changing from male to female. But in
her early days, we always knew that she was a
female.

11. Q: Can you describe your relationship with the

parents of the petitioner?
A: Krisha and Dustin are my neighbors. We often
celebrate occasions in our street. Basically, we are
friends.

12. Q: Did you know that they are married?

A: No. I don’t think that they are married.

13. Q: Do you know the nationality of Krisha?

A: No. She is Filipino.

14. Q: How well did you know the petitioner’s mother?

A: I have known her for her whole life. We’ve been
friends ever since, and we are neighbors.

15. Q: Where were you when Krisha was about to give

birth to the petitioner?
A: We are at Quezon City where her mother lives.
We are celebrating her mother’s 70th birthday when
she had a strong contraction and was about give
birth to the petitioner.

16. Q: Where is the place petitioner’s mother gave

birth?
A. At their parent’s house in Quezon City. I witnessed
when Krisha gave birth to Daniela.

18 | P a g e
 17. Q: Anything else you wanted to say Ms. Leigh?
A: I hope that the court will cancel and correct
Daniela's petition for her certificate of live birth.

AFFIANT FURTHER SAYETH NONE

IN WITNESS WHEREOF, I have hereunto set my

hand this June 21, 2023 at Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines.

LEIGH ANNE LUMAKIN

Affiant
ID No. 2001-4-235

SUBSCRIBED AND SWORN to before me this

June 21, 2023 at Rm. 123, Tapia Bldg, Jorge Bocobo St,
Ermita Manila, Philippines, affiant being known to me
and personally appearing before me, exhibiting her
government issued ID, with date of issue and expiration.

LAWYER’S ATTESTATION

I hereby declare that I conducted the examination

of the above-named witness in my office at Rm. 123,
Tapia Bldg., Jorge Bocobo St, Ermita Manila, Philippines.

Further certifying that I keep a record of the

proceedings and that the witness was not coached by
me or my assistant or by any person then present.

Done this June 21, 2023 at City of Manila.

ATTY. KEY ACUYONG

Counsel for the Petitioner
Rm. 123, Tapia Bldg., Jorge
Bocobo St, Ermita Manila, Philippines

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 Roll of Attorneys No. 32561/IBP No. 85354/6-
9325/Manila MCLE Compliance No. VII-00000269/11-
08-23
PTR No. 85604563/05-7-10/ Metro, Manila
Email: keyaacuyong@lpunetwork.edu.ph/
Cell No. (0947) 8139-297

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 ANNEX A

21 | P a g e
 ANNEX B

22 | P a g e
 ANNEX C

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 ANNEX D

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ANNEX E (Certificate of Live Birth of Krisha Domingo)

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 ANNEX E.1 (Certificate of Live Birth of Dustin
Alcomendrez)

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 ANNEX F

27 | P a g e
 ANNEX G

28 | P a g e
 ANNEX G.1

ANNEX H

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 ANNEX H

30 | P a g e
 Annex I

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32 | P a g e