Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
BRANCH 7
BAGUIO CITY
IN THE MATTER OF THE CANELLATION AND/OR CORRECTION OF ENTRIES IN THE CERTIFICATE OF LIVE BIRTH OF MINORS IRISH JEWEL E. GAVIRAN, CHRISTIAN LUIS E. GAVIRAN AND ALLIYAH TIFFANY E. GAVIRAN.
MINORS IRISH JEWEL E. GAVIRAN, CHRISTIAN LUIS E. HO GAVIRAN, and ALLIYAH TIFFANY E. GAVIRAN, represented by SPS. ROMMEL B. GAVIRAN and EVELYN ESPIJON-GAVIRAN,
Petitioners,
-versus-
THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY,
Respondents,
SPECIAL PROCEEDINGS CASE NO. 2454-R
ORDER
Before this Court is a petition filed by Irish Jewel E. Gaviran, Christian Luis E. Gaviran and Alliyah Tiffany E. Gaviran, represented by their parents, Spouses Rommel B. Gaviran and Evelyn Espijon-Gaviran through Atty. Louella Xylee T. Apilado praying that after due notice, publication and hearing, an Order be rendered directing the cancellation and correction of entry in the Certificates of Live Birth of petitioners Irish Jewel E. Gaviran, Christian Luis E. Gaviran and Alliyah Tiffany E. Gaviran as follows: “Date and Place of Marriage of Parents: October 8, 2001, Jaro Iloilo” to “Febuary 17, 2014 – Office of the City Mayor, Baguio City”.
Briefly stated, the petitioners alleged, in support of the reliefs prayed for, that they are all minors and are in the custody of their parents, herein spouses Rommel B. Gaviran (Rommel), and Evelyn Espijon-Gaviran (Evelyn and that they are all Filipino citizens and residents of No. 161 Lower Pinget, Baguio City; that their parents met each other, fell in love and eventually lived together as husband and wife without the benefit of marriage at Lower Pinget, Baguio City; that out of wedlock, their mother Evelyn eventually conceived and gave birth to petitioner Irish Jewel on September 13, 2002 at Baguio General Hospital Medical Center, Baguio City; that out of that fear that said petitioner would carry the stigma of illegitimacy, their father, with the knowledge and consent of their mother, supplied erroneous information as regards the date and place of their marriage, i.e. October 8, 2001, Jaro, IloIlo in “Entry No. 18” of the e Certificate of Live Birth of Iris Jewel E. Gaviran; that two years after the birth of Irish Jewel, Evelyn again conceived and gave birth to petitioners Christian Luis E. Gaviran on June 11, 2004 and Alliyah Tiffany E. Gaviran on November 3, 2005, both at Baguio General Hospital Medical Center, Baguio City; that consistent with Entry No. 18 in the Certificate of Live Birth of Irish Jewel, the same was likewise erroneously, stated in the Certificate of Live Birth of the other petitioners; that petitioners parents eventually celebrated their marriage on February 17, 2014, in a civil ceremony solemnized by the Honorable City Mayor of Baguio, Mayor Mauricia G. Domogan as shown by a Certificate of Marriage attached to the petition as Annex “D”; that their parents had only good intentions, keeping in mind the welfare of their three children, herein petitioners in misrepresenting in their application for the registration of birth of petitioners that they were married on October 8, 2001 at Jaro, Iloilo, when the truth of the matter is that they had not been married at time of birth of the petitioners.
WHEREFORE, finding the petition to be sufficient in form and substance, let the same be set for hearing before this court located at Room 313, 3rd Floor of the Justice Hall, Baguio City on August 13, 2015 at 9:00 o’clock in the morning at which place, date and time, the petitioners 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, 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, National Statistics Office, the Office of the Clerk for Court for publication and to the petitioners through their counsel.
Pursuant to Sec. 4, Rule 108 of the Rules of Court, let this Order be published at the expense of the petitioners, 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 August 13, 2015.
The Process Server is hereby directed to post copies of this notice on the bulletin boards of this Court, the Justice Hall, the City Market and the Post Office, all of Baguio City.
SO ORDERED.
DONE IN CHAMBERS, this 18th day of May, 2015 at Baguio City, Philippines.
(SGD)
MONA LISA V. TIONSAN-TABORA
Presiding Judge
Publication Dates: June 13, 20 and 27, 2015
