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Republic of the Philippines

7th Judicial Region


REGIONAL TRIAL COURT
Branch ___
Cebu City
RE: IN THE MATTER OF THE
PETITION FOR CHANGE OF
NAME OF AGNES V. SOLANO TO
AGNES VILLANUEVA,
SP. PROC. CASE NO. _______

JUANA A. VILLANUEVA,
Petitioner
-versusLOCAL CIVIL REGISTRAR OF
CEBU CITY AND THE NATIONAL
STATISTICS OFFICE,
Respondent.
x----------------------------------------------/

PETITION
PETITIONER, JUANA A. VILLANUEVA, by the undersigned
counsel unto this Honorable Court respectfully states that:
1. Petitioner Juana A. Villanueva (Juana for brevity) is of legal age,
Filipino, single and a resident of 288E Gorordo Ave., Cebu City and she
may be served with notices, orders and other processes of the
Honorable Court at her counsels address at EH404 USC Law Building,
Pelaez St., Cebu City;
2. Minor child Agnes Villanueva (Agnes for brevity) is a resident of
288E Gorordo Ave., Cebu City together with her mother since the day
she was born as evidenced by the Barangay Certification hereto
attached as Annex A and is made an integral part of this petition;
3. Respondents herein are being sued in their official capacities
being the concerned agencies and official custodian of the Certificate of
Live Birth of the subject minor child with office addresses at Ground
Floor, City Health Building, Gen. Maxilom Ave., Cebu City and Solicarel
Bldg., Ramon Magsaysay Blvd., Sta. Mesa, Manila respectively where
they may be served with notices, orders and other processes of the
Honorable Court;

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4. Agnes was born in the City of Cebu on May 3, 2008 and


registered in the Local Civil Registry of Cebu City as evidenced by her
Certificate of Live Birth issued by the National Statistics Office hereto
attached as Annex B and is made an integral part of this petition;
5. Agnes was born to parents Juana A. Villanueva and Rafael R.
Solano (Rafael for brevity). Her mother was never married to her father
at the time she was born and has never been married as evidenced by a
certification issued by the National Statistics Office hereto attached as
Annex C and is likewise made an integral part of this petition;
6. Since Agnes was born out of wedlock then she is an illegitimate
child of Juana and Rafael;
7. However, at the time of Agnes birth, she was acknowledged by
her father. Hence, the surname indicated in her birth certificate is the
same as that of the father;
8. However, Rafael and Juanas relationship turned sour and did
not consummate into marriage. Agnes was barely two months old when
Rafael decided to leave Juana and his child;
9. After such time and up to the present, Rafael failed to take up
his responsibilities as a father to his child on matters of financial,
physical, emotional and spiritual concerns and doesnt even
acknowledge his own child in public as though he was ashamed of her.
They are only related by blood and ends at that, as he was never been a
father to Agnes in every sense of the word;
10.
It is of common knowledge to the people who knew Juana
that she has never been married and that there was no one who stood
as a father to her child all these years. The child was raised by Juana
alone. They never knew or only a few of them actually know the identity
of her childs father and even the child herself didnt even know him;
11. Hence, it bears a great confusion to the general public as to
why the child bears a different surname from her mother. The child felt
like an outcast from her mother and the rest of her relatives as though
she does not belong to the family because of the difference in the
surname;
12. The mother and child was and will always be propelled with
questions as to why their surnames are different and you could only
imagine the great deal of embarrassment and ridicule that may be felt by
both the mother and the child every time the circumstance is being
explained to other people;

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13. They had to explain, with utmost awkwardness and


discomfiture, as to why the child is bringing a different surname when
she has no father. This brings a negative impact on the child emotionally
and not to mention the legal implications and troubles she may
encounter in the future because of her different surname;
14. If only Agnes will have a surname the same with that of her
mother, all of these will be avoided and any other legal complications in
the future will be evaded;
15. In the case of Republic of the Philippines vs. Julian Edward
Emerson Coseteng-Magpayo, G.R. No.189476, February 2, 2011, the
Supreme Court ruled that:
A person can effect a change of name under Rule 103
(CHANGE OF NAME) using valid and meritorious grounds
including (a) when the name is ridiculous, dishonorable or
extremely difficult to write or pronounce; (b) when the
change results as a legal consequence such as legitimation;
(c) when the change will avoid confusion; (d) when one
has continuously used and been known since childhood by a
Filipino name, and was unaware of alien parentage; (e) a
sincere desire to adopt a Filipino name to erase signs of
former alienage, all in good faith and without prejudicing
anybody; and (f) when the surname causes
embarrassment and there is no showing that the
desired change of name was for a fraudulent purpose
or that the change of name would prejudice public
interest. emphasis supplied.

16. Avoiding confusion and undue embarrassment on the part of


both the mother and especially the child is the main thrust of this petition
and solely filed in furtherance of the best interests of the minor child
Agnes. Thus, it is covered under Rule 103 of the rules of court;
17. This petition is not in any way filed to mislead the public or for
any other fraudulent purposes and does not in any way prejudice public
interest;
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed of
this Honorable Court, after due notice, publication and hearing to grant
this Petition and render a decision ordering the public respondents to
cause the change of name of minor child from AGNES V. SOLANO to
AGNES VILLANUEVA.

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Such other relief just and equitable under the premises is likewise
prayed for.
March 12, 2015. Cebu City, Philippines

E.S.P.I.T.E.D. LAW OFFICES


(Escabarte Sarip Papa Itao Takahashi Enriquez & Deveraturda)

EH404, USC Law Bldg., Pelaez St.,


Cebu City; (032) 253-1000
espitedlaw@yahoo.com
By:
SITTIE AIYNNA SARIP
PTR No. 123456; 1/2/15; Cebu City
IBP OR No. 654321; 1/2/15; Cebu City
MCLE Compliance No. IV-202020; 6/2/13
Attorney Roll No. 54321

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VERIFICATION & AFFIDAVIT


OF NON-FORUM SHOPPING
I, Juana A. Villanueva, of legal age, Filipino, single and with
residential address at 288E Gorordo Ave., Lahug, Cebu City, after been
duly sworn to in accordance with law do hereby depose and state, that:
1.

I am the petitioner in the above-entitled case;

2.
I have caused the preparation of the foregoing Petition, have
read the allegations therein and verify that the same are true and correct
based on my own personal knowledge and/or on authentic records;
3.
I have not commenced any action or filed any claim involving
the same or similar issues in any other court, tribunal or quasi-judicial
agency, including the Court of Appeals and the Supreme Court or any
division thereof and to the best of my knowledge, no such other action or
claim is pending therein. If I should learn hereafter that the same or
similar action or claim has been filed or is pending, I shall report that fact
within five (5) days from such knowledge to this Honorable Commission;
4.
I am executing this affidavit in order to attest to the truth of
the foregoing;
12

th

IN WITNESS WHEREOF, I have hereunto affixed my signature this


day of March 2015 at the City of Cebu, Philippines.

JUANA A. VILLANUEVA
SUBSCRIBED AND SWORN TO before me this 12 th day of March
2015 at the City of Cebu, Philippines. Affiant is personally known to the
notary.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2015

ATTY. JUAN DELA CRUZ


NOTARY PUBLIC CEBU CITY
UNTIL DECEMBER 31, 2015
PTR No.0254395;1/2/15; Cebu City
IBP Lifetime Member No. 06785
Attorney Roll No. 12345