Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch _____
_____________

IN THE MATTER OF
CANCELLATION AND/OR
CORRECTION OF ENTRIES IN
THE CERTIFICATE OF LIVE
BIRTH OF ADELAIDA KILONG
ODAY HABUCHI AND
MARRIAGE CONTRACT OF
ADELAIDA KILONG ODAY
HABUCHI and SERGIO IWAG
HABUCHI, herein represented by SPL. PROC.
their Attorney-in-Fact FLORENDA CASE NO.
H. TAKABIL, ___________________
Petitioner,

- versus -

THE OFFICE OF THE MUNICIPAL

CIVIL REGISTRAR OF JOSE ABAD
SANTOS, DAVAO OCCIDENTAL
AND ALL PERSONS IN INTEREST
WHO MAY BE AFFECTED
THEREBY,
Respondent.

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

PETITION

COMES NOW, the Petitioner, ADELAIDA KILONG ODAY

HABUCHI, by and through the undersigned counsel and unto this
Honorable Court, most respectfully states the following:

PARTIES

1. Petitioners are Filipino, of legal age, married to each other, and residents
of ________, Philippines. They are represented by their Attorney-In-
Fact1, FLORENDA H. TAKABIL, of legal age, single/married, and a
resident of _____________________. For purposes of this petition, it is

1
Annex A - Special Power of Attorney (SPA) dated ____________.

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 respectfully prayed that notices and other pertinent processes of this
Court be served at counsel’s address found below.

2. Respondent, The Office of the Municipal Civil Registrar of Jose Abad

Santos, Davao Occidental is a duly instituted office responsible for the
civil registration program in the local government unit pursuant to the
Civil Registry Law, the Civil Code, and other pertinent laws, rules and
regulations issued to implement them. It is in in-charge of the
registration and cancellation/correction of entries in the civil registrar
where the fact of birth of the Petitioner was registered. It is being
impleaded as a necessary party in this Petition to afford complete relief
to the Petitioner. It may be served summons, orders, notices, and other
court processes at ________________________.

3. All other persons who may be affected by this instant petition are
herein impleaded in compliance with Section 3, Rule 108 of the Rules of
Court.

FACTS

4. ADELAIDA KILONG ODAY, the Petitioner, was born on 06

November 1951 in Malalan, Municipality of Jose Abad Santos, Davao
del Sur (now Davao Occidental). Her parents are Mr. Lasawang C.
Oday and Mrs. Linang M. Kilong.

5. However, when petitioner’s birth was belatedly registered2 with the

Local Civil Registrar of Jose Abad Santos on 30 October 1992, the data
for registration had the following inadvertent and unintentional errors, to
wit:

a.) Petitioner’s last name was registered as “Pondong” instead of

“Oday”;
b.) The father’s name of the Petitioner was recorded as “Lasawang C.
Pondong” instead of “Lasawang C. Oday”; and
c.) On the second page of the Birth Certificate, particularly on the
Affidavit for Delayed Registration of Birth, the affiant who is the
Petitioner’s father was recorded as “Lasawang Pondong” instead
of “Lasawang Oday”.

6. The Office of the Municipal Civil Registrar of Jose Abad Santos issued a
Certification3 verifying that the above information indeed appears in
their register.

7. The last name of the Petitioner should be “Oday” and not “Pondong”.
Based on the records, Petitioner’s father is LASAWANG CANGAY

2
Annex B - Birth Certificate of Adelaida Kilong Pondong (Oday) issued by the Philippine Statistics Authority.
3
Annex C – Certification issued by the Office of the Municipal Civil Registrar of Jose Abad Santos on 05 June 2023.

2
 ODAY4, born on 08 July 1926. As can be seen in the latter’s birth
certificate, his parents are Mr. Paul Oday and Mrs. Kaleng Cangay.

8. Petitioner grew up being known as ADELAIDA KILONG ODAY by her

own family, friends, and the people around her. In fact, Petitioner has
been using her last name “Oday” in her school records, and in her
personal and business transactions.

9. The name Adelaida K. Oday appears in her school records/ID issued by

_______ School. The same name appears in her SSS ID, PhilHealth, etc.

10. On September 15, 1992, the petitioner married SERGIO IWAG

HABUCHI5 in Jose Abad Santos, Davao Occidental. Sergio I. Habuchi
was born on 10 March 1939 in Malita, Davao del Sur. His parents are
Mr. Seigorou Habuchi and Mrs. Adalita Tada Iwag6.

11. The Office of the Municipal Civil Registrar of Malita, Davao Occidental
issued a Certification7 verifying that the above information of Sergio I.
Habuchi indeed appears in their register.

12. The Voter’s ID8 of petitioner’s husband also indicates his correct full
name as Sergio Iwag Habuchi.

13. However, when the petitioner’s Marriage Contract 9 was registered with
the Local Civil Registrar of Jose Abad Santos, the data for registration
had the following inadvertent and unintentional errors, to wit:

a.) The husband’s name was registered as “Sergio P. Habutchi”

instead of “Sergio I. Habuchi”;
b.) The wife’s (Petitioner) name was registered as “Adelaida K.
Pondong” instead of “Adelaida K. Oday”;
c.) The husband’s age entered as “40” instead of “53”;
d.) The wife’s age entered as “54” instead of “40”;
e.) Husband’s father recorded as “Seguro Habutchi” instead of
“Seigorou Habuchi”;
f.) Wife’s father recorded as “Lasawang Pondong” instead of
“Lasawang Oday”; and
g.) Husband’s mother registered as “Andalita Ewag Pondong”
instead of “Adalita Tada Iwag”.

4
Annex D - Birth Certificate of Lasawang Cangay Oday issued by the Philippine Statistics Authority.
5
Annex E - Birth Certificate of Sergio Iwag Habuchi issued by the Philippine Statistics Authority.
6
Annex F – Birth Certificate of Adalita Tada Iwag issued by the Philippine Statistics Authority.
7
Annex G - Certification issued by the Office of the Municipal Civil Registrar of Malita on 15 June 2023.
8
Annex H – Voter’s ID of Sergio Iwag Habuchi
9
Annex I – Marriage Contract issued by the Philippine Statistics Authority

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14. The Office of the Municipal Civil Registrar of Jose Abad Santos issued a
Certification10 verifying that the above information in the Marriage
Contract indeed appears in their register of marriage.

15. Based on facts and records as stated above, the real name of the
Petitioner is Adelaida Kilong Oday, and not Adelaida Kilong Pondong.
Thus, she became ADELAIDA ODAY HABUCHI when she married
Mr. Sergio Iwag Habuchi.

16. The Voter Certification11 of the Petitioner correctly indicates her married
name ADELAIDA ODAY HABUCHI.

17. The above discussed errors in the entries in the Birth Certificate and
Marriage Contract of Petitioner in the Local Civil Registry were all
innocently, unintentionally, and inadvertently made.

18. In support of this petition, the following are hereto attached and
correspondingly marked as:

Annex A
Special Power of Attorney (SPA) dated ____________.

Annex B
Birth Certificate of Adelaida Kilong Pondong (Oday) issued by the
Philippine Statistics Authority.

Annex C
Certification issued by the Office of the Municipal Civil Registrar of Jose
Abad Santos on 05 June 2023.

Annex D
Birth Certificate of Lasawang Cangay Oday issued by the Philippine
Statistics Authority.

Annex E
Birth Certificate of Sergio Iwag Habuchi issued by the Philippine Statistics
Authority.

Annex F
Birth Certificate of Adalita Tada Iwag issued by the Philippine Statistics
Authority.

Annex G
Certification issued by the Office of the Municipal Civil Registrar of Malita
on 15 June 2023

10
Annex J – Certification (Marriage) issued by the Office of the Municipal Civil Registrar of Jose Abad Santos on 05
June 2023.
11
Annex K – Voter Certification of Adelaida Oday Habuchi

4
 Annex H
Voter’s ID of Sergio Iwag Habuchi.

Annex I
Marriage Contract issued by the Philippine Statistics Authority

Annex J
Certification (Marriage) issued by the Office of the Municipal Civil
Registrar of Jose Abad Santos on 05 June 2023.

Annex K
Voter Certification of Adelaida Oday Habuchi

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed

that, after due proceedings, an Order be issued by the Honorable Court
directing the Local Civil Registrar of Jose Abad Santos, Davao Occidental to
make the above corrections and/or changes in the entries in the Civil
Registry and in the Birth Certificate and Marriage Contract of the Petitioner.

Petitioner likewise prays for such other and further reliefs and
remedies as may be just, proper, and equitable under the premises.

Respectfully submitted. Davao City, Philippines,

__________________, 2023.

ATTY. EDMARSON M. SOLA

Counsel for the Petitioner
Blk. 2, Lot 4, Phase 7 Deca Homes, Mintal, Davao City
IBP OR No. 230194; 06/07/2022; Davao City
PTR No. 7103555; 06/28/2022; Davao City
Roll of Attorney No. 82380
MCLE Exempted (Admitted on May 28, 2022)
Mobile No. 0917 1706458
Email: edmarson85@yahoo.com

Notice of submission (and copy furnished to):

THE CLERK OF COURT

Branch ___, Regional Trial Court

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Davao Occidental

LOCAL CIVIL REGISTRY OF

JOSE ABAD SANTOS, DAVAO DEL SUR
Jose Abad Santos, Davao del Sur

EXPLANATION AS TO SERVICE BY REGISTERED MAIL

Service was effected by registered mail as personal service is impracticable

due to distance.

ATTY. EDMARSON M. SOLA

6
Republic of the Philippines)
City of Davao ) s.s.
x------------------------------------x

VERIFICATION with
CERTIFICATE OF NON-FORUM SHOPPING

I, ________________ , of legal age, Filipino, widow/married, and a resident of

Davao City, after having been sworn to in accordance with law, hereby depose and say
that:

1. I am the Petitioner in the above-entitled Petition;

2. I have caused the preparation and filing of the foregoing Petition;
3. I have read the same and understood its contents, and with the following
attestations:
a) The allegations in the Petition are true and correct based on my personal
knowledge and/or authentic documents;
b) The Petition is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation;
c) The factual allegations therein have evidentiary support or, if specifically so
identified, will likewise have evidentiary support after a reasonable opportunity for
discovery;
d) I have not commenced any action or filed any claim involving the same
issues in any court, tribunal or quasi-judicial agency and, to the best of my
knowledge, no such other action or claim is pending in them; and
e) If I should thereafter learn that the same or similar action or claim has been
filed or is pending after its filing, I shall report that fact within five (5) calendar days
from notice to the court or where the complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto signed this verification with

certificate of non-forum shopping this ____ day of ____________, 2023, in the City of
Davao, Philippines.

___________________
Affiant

SUBSCRIBED AND SWORN TO before me, this ____ day of ___________,

2023, in the City of Davao, the affiant exhibiting to me her competent evidence of
identity as shown above.

Doc. No. ____;

Page No. ____;
Book. No. ____;
Series of 2023.

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