In Re: Petition for the Correction of Entry in the Certificate of Live Birth of Angela Beth Caballero Cario

Republic of the Philippines
First Judicial Region
Regional Trial Court
Branch 7
Baguio City

In Re: Petition for the Correction of Entry in the Certificate of Live Birth of Angela Beth Caballero Cario,

Angela Beth Caballero Cario, Represented by her parent, Lilybeth Boadilla Caballero,
Petitioner,

-versus-

LOCAL CIVIL REGISTRAR OF BAGUIO CITY, HEPOLITO D. CARIO, PHILIPPINE STATISTICS AUTHORITY (PSA), and all persons who have any claim or interest,
Respondents.

Spec. Pro. Case No. 2567-R

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ORDER AND NOTICE OF HEARING

A verified Amended Petition was filed by petitioner Angela Beth Caballero Cario, represented by her parent, Lilybeth Boadilla Caballero through counsel, alleging as follows:

1. “Petitioner minor is represented by her parent, Lilybeth Boadilla Caballero and their address is at No. 142 Tiptop, Ambuclao Road, Baguio City. The Public Attorney’s Office is the petitioner’s counsel which office is located at the Ground Floor, Justice Hall Building, Baguio City where orders and other court processes may be served;

2. The father of the petitioner minor is Hepolito D. Cario, whose address is in Liteng, Pacdal, Baguio City, where summons and other court processes may be served;

3. The Local Civil Registry of Baguio City is herein impleaded as a nominal party and its capacity as such charged with the registration of entries in all births, marriages and deaths in Baguio City, as well as the concomitant correction and/or issuance of new birth certificates by reason of the foregoing, and may be served with summons and other processes of this Honorable Court at New Lucban, Baguio City;

4. Likewise, the Philippine Statistics Authority is herein impleaded as a normal party, which office is mandated to carry out and administer the provisions of the Civil Registry Law as provided for in Act No. 3753, and as such charged with the registration of entries in all births, marriages and deaths in the Philippines as well as the concomitant correction and/or issuance of new birth certificate and other processes at Solicarel Building I, R. Magsaysay Boulevard, Sta. Mesa, Manila;

5. On May 8, 2000, the petitioner minor was born to parents Lilybeth Boadilla Caballero and Hepolito Dangatan Cario. Such birth is duly registered with the Local Civil Registrar of Baguio City, a copy of the Certificate of the Live Birth issued by the Philippine Statistics Authority is hereto attached as Annex “A”.

6. In the said Certificate, the date and place of marriage of parents indicates the following information: 6 November 1997 Malasiqui, Pangasinan. However, Lilibeth Boadilla Caballero and Hepolito Dangatan Cario were not married, a copy of her Certificate of Non Marriage of Lilybeth Boadilla Caballero is hereto attached as Annex “B”.

7. The erroneous entry was due to inadvertence and honest mistake, without any intention to defraud or make any misrepresentation.”

The Court found the petition to be sufficient in form and substance, thus, an Order was issued directing the issuance of this notice.

WHEREFORE, notice is hereby given that the herein petition is set for initial hearing in the sala of this court on December 9, 2016 at 9:00 o’clock in the morning on which place, date and time, the petitioner shall be allowed to substantiate their petition, and any interested person may show cause, if there be any, why the petition should not be granted.

Let a copy of this Order, together with a copy of the petition and its annexes, be served upon the Honorable Solicitor General, the City Prosecutor of Baguio City and the respondent Local Civil Registrar of Baguio City. Also, furnish copies of this notice to the Civil Registrar General of the National Statistics Office, the Office of the Clerk of Court for publication and to the petitioner through their counsel.

Pursuant to Sec. 4, Rule 108 of the Rules of Court, let this Order be published at the expense of the petitioner, once a week for three (3) consecutive weeks in a newspaper of general circulation in the City of Baguio and the whole Cordillera Region, the last publication of which shall not be later than December 9, 2016.

The Process Server is hereby directed to post copies of this notice on the bulletin boards of this Court, the Justice Hall, the City Hall, the City Market and the Post Office, all of Baguio City.

WITNESS THE HONORABLE MONA LISA V. TIONGSON-TABORA, Presiding Judge of this Court, this 18th day of October, 2016, at Baguio City, Philippines.

(SGD) GARY N. SANTOS
OIC, Clerk of Court

Publication Dates: October 29, November 5 and 12, 2016