REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 169
Pasig City

IN THE MATTER OF CORRECTION Sp. Proc. No.-

OF ENTRIES CORRESPONDING TO
THE BIRTH RECORD OF JOVER
HORTELANO AS TO THE SURNAME
FROM SHARON RAMOS NERI
TO SHARON RAMOS NERY AND AS TO
THE YEAR OF HER BIRTH FROM
DECEMBER 18, 1994 TO DECEMBER
18, 1993

SHARON RAMOS NERY,

Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF

PASIG CITY and the PHILIPPINE STATISTICS
AUTHORITY Through the Office Supervisor
LERIZA REVILLA,
Respondent,

x----------------------------------------------------------/

PETITION

COMES NOW the Petitioner, by the undersigned counsel and unto this
Honorable Court, respectfully avers that:

1. Petitioner is 26 years of age, single, Filipino and a resident of 689

Brentwood Street, Brookside Hills, Cainta, Rizal;

2. Respondent is a government official whose functions include the

custody of birth records as well as registration thereof. Respondent is
holding office at Pasig City Hall, Caruncho Ave, Barangay San Nicolas,
 Pasig, 1600 Metro Manila, where summons and other court processes
can be served;

3. Petitioner was born on December 18, 1993 in Pasig City and duly
recorded in the Local Civil Registry of Pasig City as evidenced by the
hospital records issued by the Rizal Medical Center, and the baptismal
records of Sta. Clara de Monte Falco, herein attached as Annex “A”
and Annex “B”, respectively;

4. Petitioner has made herself known to the public for the past twenty-six
(26) years and continues to do so as SHARON RAMOS NERY, as
shown by her school diplomas. Attached herein and made integral part
of this Petition is her elementary and high school diplomas issued by
Pasig Elementary School, and Rizal High School marked as Annex “C”
and Annex “D”, respectively;

5. However, when petitioner secured an authenticated copy of her birth

record from the Philippine Statistics Authority, she found several
errors. Attached and made an integral part of this Petition is the
Certificate of Live Birth of SHARON RAMOS NERI marked as Annex
“E”;

6. Petitioner found the following errors in the entry of her record:

Name : SHARON RAMOS NERI

Date of Birth : DECEMBER 18, 1994

7. In order to avoid confusion and to straighten the entries in her birth

record, Petitioner filed this instant Petition in order to have the
erroneous entries rectified and further reflect her correct surname and
the year of her birth, to wit:

Name : SHARON RAMOS NERY

Date of Birth : DECEMBER 18, 1993

8. Under Rule 108 of the Rules of Court, entries regarding birth and name
may be corrected or cancelled upon the filing of a verified petition with
the Regional Trial Court of the province where the civil registry is
located. The civil registry concerned in this case is located in Pasig
City, and the entries are in relation to birth and the petitioner’s name.

9. To further substantiate her claim, Petitioner secured copies of the

Certificate of Live Birth of her father, Felipe De Leon Nery, and her
siblings, Agnes Ramos Nery and Ferdie Ramos Nery, all bearing the
 surname NERY, and not NERI. Attached herein as Annex “F”, Annex
“G”, and Annex “H”, respectively.

PRAYER
WHEREFORE, it most respectfully prayed that, after the due notice and
publication, and hearing, this Honorable Court adjudge and order herein
Respondent to effect the rectification of the Birth Record of SHARON RAMOS
NERY pertaining to the entries in the Name from SHARON RAMOS NERI to
SHARON RAMOS NERY and the year in the date of her birth from DECEMBER
18, 1994 to DECEMBER 18, 1993.

Other reliefs just and equitable under the circumstances are likewise
prayed for.

RESPECTFULLY SUBMITTED.

August 30, 2019, Pasig City, Philippines.

Atty. John Espinola

Counsel for Plaintiff
Espinola Law Offices, Kamias Rd, Quezon City
Roll of Attorneys No. 75121
PTR No. 92746, 01/10/19, Quezon City
IPB No. 37451, 01/10/19, Quezon City
MCLE Compliance No. V-2715391, 01/10/19
 VERIFICATION and CERTIFICATION
OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES}

CITY OF PASIG…………………}SS
X--------------------------------------------------------/

I, SHARON RAMOS NERY, after being sworn to in accordance with law,

deposes and states:

1. That, I am the Petitioner in the above-entitled case;

2. That, I have caused the Petition to be prepared and have read the
contents thereof;
3. That, the allegations therein are true and correct based on my own
knowledge and authentic documents;
4. That, I have not therefore commenced any other action or proceeding
involving the same issues in any other court, and to the best of my
knowledge, no such action or proceeding is pending in any other court;
if I should learn thereafter that a similar action or proceeding has been
filed or pending, I shall undertake to report such fact within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

signature this August 29, 2019 in Pasig City, Manila, Philippines.

SHANE RAMOS NERY

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this August 29, 2019 in

Pasig City. Affiant personally appearing before me and exhibiting her Driver’s
License ID no. N02-27163 issued on March 28, 2018 at LTO East Ave.

Atty. Jose Marie Chan

Notary Public
Until 10/20/20
PTR No. 27153
Issued at Pasig City
On 01/20/19

Doc. No. 24
Page No. 6
Book No. 4
Series of 2019.
Copy furnished via registered mail due to the distance of the offices:

The Solicitor General

Office of the Solicitor General
134 Amorsolo St., Legaspi Village
Makati City, Philippines

The Local Civil Registrar of Pasig City

Pasig City Hall, Caruncho Ave,
Barangay San Nicolas, Pasig,
1600 Metro Manila
Legal Bases of the Petition for Correction of Entries in the Civil Registry

1. The Rules of Court provide for the specific parts of the pleading. Under
Rule 7, the parts are the caption, the body, the signature and address of
the party or counsel, the verification and the certification against forum
shopping. In this petition, all parts are present.

2. For the basis of the petition, Rule 108 applies since the change or
correction is on the year of birth and the surname of the petitioner. Under
the rule, entries relating to birth and changes of name are subject to
correction or cancellation via a petition under the rule. Rule 103 and RA
9048, as amended, do not apply since the change involves the surname
and the year of birth which are not covered by Rule 103 and RA 9048.
Also, while Rule 108 seems to pertain to adversarial or substantial
change, it has been decided by the Supreme Court that Rule 108 may still
be used for clerical errors not falling under the coverage of Rule 103 and
RA 9048.

3. For the venue of the action, the general rule is provided by Rule 4,
Sections 1 to 3, however, under Section 4, when the law provides for a
specific court where the petition should be filed, that provision shall be the
one to govern. Rule 108 specifically provides that the petition may be filed
in the Regional Trial Court of the province where the civil registrar is
located.

4. As for the jurisdiction of the Regional Trial Court, Batas Pambansa Bilang
129, as amended, provides that those cases which are incapable of
pecuniary estimation is within the exclusive original jurisdiction of the
Regional Trial Court. In this case, the cause of action of the Petitioner is to
correct errors in the civil registry, which is not capable of pecuniary
estimation.