11TH Judicial Region, Branch 41 Cantilan, Surigao del Sur
IN THE MATTER OF THE PETITION
FOR CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF CRISANDE DERIGAY COSMIANO Petitioner,
---versus--- Special Proc. No. _________
LOCAL CIVIL REGISTRAR
OF LANUZA Respondent. x--------------------------------------x
PETITION
Petitioner, through the undersigned Public Attorney and
to thisHonorable Court, most respectfully states THAT:
1. Petitioner is of legal age, Filipino citizen, single, a resident of B8
L34, Karlaville Parkhomes, Brgy. Hugo Perez, Trece Martires, Cavite, at which address he may be served with summons and other processes of this Honorable Court;
2. Respondent is a government agency tasked to keep records of
documents mandated by law to be registered in the Civil Registry with office address at the Municipality of Lanuza, Province of Surigao del Sur, where it can be served with summons and other notices of this Honorable Court;
3. Petitioner was born on May 10, 1988 at Brgy. Bocawe,
Lanuza, Surigao del Sur as evidenced by his Certificate of Live Birth registered at the Local Civil Registry of Lanuza under Local Civil Registrar No. 95-00024. Photocopy of which is hereto attached and marked as Annex “A”;
4. Item no. 3 of Petitioner’s Birth Certificate provided that the sex
of Petitioner is Female when in fact he is Male;
5. Petitioner after medical examination conducted by Dr.
Emmanuel H. Zarraga, a duly licensed physician, was found to be male and has not undergone sex change or sex transplant. Photocopy of the Medical Certificate is hereto attached and marked as Annex “B”;
6. As further proof, petitioner applied for and was issued a NBI
clearance and an Official Transcript of Records, all bearing that the petitioner is Male. Photocopies of which are hereto attached and marked as Annexes “C” and “D” respectively;
7. As a result, herein petitioner wants to correct Item no. 3 of his
Certificate of Live Birth registered as Civil Registry No. 95- 00024 from Female to Male;
8. In order to correct the aforementioned error in the petitioner’s
Certificate of Live Birth, petitioner hereto files the instant Petition pursuant to Rule 108 of the Revised Rules of Court since the Local Government of Lanuza has no full pledge Municipal Civil Registrar (MCR) that can correct the entry pursuant to RA 10172. Photocopy of the certificate showing that said position is vacant is hereto attached and marked as Annex “E” ;
9. That the above-discussed error in Certificate of Live Birth was
all innocently, unintentionally, and inadvertedly made.
PRAYER
WHEREFORE, premises considered, it is most respectfully
prayedto this Honorable Court that after due notice, publication, and hearing, the herein petition be granted and consequently, Item no. 3 of Certificate of Live Birth (Civil Registry No. 95-00024) be changed from Female to Male.. Such other relief and remedies, consistent with law and equity are likewise prayed for.
SUBMITTED, this ___ day of June 2016 in the Municipality of
_____, Surigaodel Sur.
PUBLIC ATTORNEY’S OFFICE
Department of Justice Cantilan District Office Cantilan, Surigaodel Sur Counsel for the Petitioner
In Re Orthopedic Bone Screw Products Liability Litigation. Scoliosis Research Society and Steven M. Mardjetko, M.D., at No. 96-1131, at No. 96-1132, 94 F.3d 110, 3rd Cir. (1996)