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Republic of the Philippines

REGIONAL TRIAL COURT


6th Judicial Region
Family Court
Branch _____
Mambusao, Capiz

JOHN PAUL C. CARTUJANO


Petitioner,
CIVIL CASE NO.

- versus -
FOR: ACTION TO IMPUGN
LEGITIMACY OF MARY
PAULINE GALANG CARTUJANO
UNDER ARTICLE 166
PARAGRAPH (2) OF THE
FAMILY CODE

MA. RACHELE GALANG-CARTUJANO


Respondent.
X - - - - - - - - - - ----- x

PETITION

Art. 166. Legitimacy of a child may be impugned only on the following grounds:

(1) That it was physically impossible for the husband to have sexual intercourse with his
wife within the first 120 days of the 300 days which immediately preceded the birth of the
child because of:

(a) the physical incapacity of the husband to have sexual intercourse with his wife;

(b) the fact that the husband and wife were living separately in such a way that sexual
intercourse was not possible; or

(c) serious illness of the husband, which absolutely prevented sexual intercourse;
(2) That it is proved that for biological or other scientific reasons, the child could not have
been that of the husband, except in the instance provided in the second paragraph of
Article 164; or

WHEREFORE, premises considered, it is respectfully prayed that:

1. Petitioner is not the biological father of MARY PAULINE GALANG


CARTUJANO as proven by the DNA Test Results;

2. The petitioner be declared by the Court to be free and liberated from any
and all legal responsibilities and liabilities attributable or accruing to, or
must be followed and observed by, a legitimate father in relation to
a legitimate child under the Civil Code, Family Code, and other relevant
existing laws, including but not limited to the duty of financial support to
the minor child;
3. The relevant paternity-related entries in the Certificate of Live Birth of
minor child MARY PAULINE GALANG CARTUJANO, registered in
the Civil Registry of xxx City on xxx under Registry No. xxx
be CORRECTED by:

1.1. DELETING the following entries therefrom, to wit:

Entries under “Father”:

X x x.

1.2. CORRECTING the following entry under the “child”, to wit:

X x x.

2. The Local Civil Registrar of xxx Citybe directed to effect the above-mentioned
corrections of entries in the birth certificate of the subject minor child.

3. The paternal surname xxx of the said minor child be corrected by DELETING
the said paternal surname xxx and by REPLACING the same with the maiden
maternal surname xxx of his biological mother/respondent xxx.
Petitioner also prays for such and other reliefs as may be deemed just and
equitable in the premises.”