IN THE MATTER OF PETITION FOR CANCELLATION AND OR CORRECTION OF ENTRIES IN THE CERTIFICATE OF ENTRIES IN THE CERTIFICATE OF MARRIAGE OF MARGARETA LAKI HOLZNER-ACOSTA

Republic of the Philippines
REGIONAL TRIAL COURT OF THE BAGUIO CITY
FIRST JUDICIAL REGION
BRANCH 3

IN THE MATTER OF PETITION FOR CANCELLATION AND OR CORRECTION OF ENTRIES IN THE CERTIFICATE OF ENTRIES IN THE CERTIFICATE OF MARRIAGE OF MARGARETA LAKI HOLZNER-ACOSTA

MARGARETA LAKI HOLZNER-ACOSTA
Petitioner,

-versus-

OFFICE OF THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY.
Respondents,

x———x

SPL. PROC. CASE NO. 2351-R
TO:
1. The Solicitor General;
2. The Local Civil Registrar;
3. National Statistics Office;
4. Atty. Sarah D. Lalata-Navarro; and
5. Publication.

ORDER

A verified petition was filed by petitioner through counsel alleging that:
1.“Petitioner MARGARITA LAKI HOLZNER-ACOSTA is legal age, German citizen, married and with residence and postal address at No. 23 1st Road, Quezon Hill, Baguio City. She may be served with notices, order, processes and judgment of this Honorable Court through the undersigned counsel whose address is hereinafter indicated;
2. Respondent Local Civil Registrar of Baguio City is being sued in her capacity as a local government officer whose powers and duties include, among others, the registration and recording of all live births, deaths, marriages, annulments and such other entries pertinent to the civil status of an individual. She may be served with summons, notices as well as other processes of this Honorable Court at the Office of the Local Civil registrar, T. Alonzo St., Baguio City;
3.Respondent Civil Registrar General is likewise being sued in her capacity as a government employee in charge to carry out and administer the provisions of Act. No. 3753 and other laws on civil registration. She may be served with summons, notices as well as other processes of this Honorable Court at her office address at national Statistics Office, Ground Floor, Solicarel Building 1 I Magsaysay Blvd., Sta. Mesa, Manila;
4.Petitioner is the only child of SPS. JOSEF BEITER HOLZNER and LUISA LEONIDA LAKI HOLZNER, both German nationals, who celebrated their marriage on April 3, 1978, at 1184 Mabini St. Ermita, Manila;
5.Petitioner’s father, the late JOSEF BEITER HOLZNER, is a natural born GERMAN citizen;
6.Petitioner’s moth, LUISA LEONIDA LAKI HOLZNER, acquired German citizenship after her marriage to JOSEF BEITER HOLZNER;
7. Petitioner was born on May 24, 1990, at Baguio City, Philipines. Petitioner’s parents being German citizens it follows that Petitioner is also a German National as correctly stated in her birth certificate. Moreover, the respective citizenship of her birth parents reflected in her birth certificate is “German”;
8. On October 8, 2012, petitioner got married to RONALD AVESTER ACOSTA;
9.However, in the certificate of marriage of the petitioner, it was stated under entry no. 4b therein, that her citizenship was “FILIPINO”, when in truth and in fact her citizenship should be “GERMAN” in view of the fact that her parents are both GERMAN citizens;
10.Also, in the said marriage contract of the petitioner, the citizenship of Petitioner’s parents were erroneously entered as “FILIPINO” under entry No. 9b and No. 11b despite the fact that Petitioner’s parents are both German nationals;
11.The entries under 4b, 9b and 11b in Petitioner’s Certificate of Marriage are bracketed as ANNEXES “ F-1”, “F-2” AND “F-3”;
12.Petitioner respectfully requests to t the Honorable Court that the erroneous entries on her Certificate of marriage be rectified; to change her citizenship and that her parents from FILIPINO to GERMAN;
13. To rectify such grave error, Petitioner humbly implores the understanding and help of this Honorable Court to rectify said entries and respectfully submits the instant petition to this Honorable Court consistent with the provisions of Rule 108 of the Revised Rules of Court.”
That petitioner prays that:
“X X X after due notice, publication and hearing, an Order be issued directing the respondent Local Civil Registrar of Baguio City to:
a. CHANGE THE CITIZENSHIP AS STATED ON HER MARRIAGE CONTRACT FROM “FILIPINO” TO GERMAN”; AND
b. CHANGE THE CITIZENSHIP OF PETITIONER’S PARENTS AS STATED ON HER MARRIAGE CONTRACT FROM “FILIPINO” TO “GERMAN”.
It appearing that the instant petitioner is sufficient in form and substance, the same is set for hearing on September 9, 2014 at 9:00 o’clock in the morning, before this Court at its Session Hall, Justice Hall Building, Baguio City. Any person may appear and show cause, if any, why said petition should not be granted.
Let a copy of this Order be published at the expense of the petitioner at The Junction Newspaper once a week for three (3) consecutive weeks, the first publication of which should not be later than June 29, 2014, in a newspaper of general circulation in Baguio City to determined by raffle pursuant to the provision of Presidential Decree No. 1079; let copies hereof together with the copies of the petition and its annexes be furnished to the Solicitor General, 134 Amorsolo St., Legaspi Village, Makati City, Metro Manila, National Statistics Office Quezon City, and the Local Civil Registrar, Baguio City.
Baguio City, Philippines, this 24th day of June, in the year of Our Lord, 2014.