Republic of the
Philippines
Regional Trial Court
First Judicial Region
Branch 60
Baguio City
RE PETITION FOR THE CHANCE OF NAME OF THE MINOR MATHIAS WILLIAM DEVEZA KIER V TO WILLIAM DEVEZA
MA. CLARIBELLE DIMAYUGA DEVEZA
Petitioners,
-versus-
ALBERT ZACHARY CABJUAN KIER III, THE PHILIPPINE STATISTICS OFFICE, Herein represented by LISA GRACE S. BERSALES, and the LOCAL CIVIL REGISTRY, Herein represented by SYLVIA R. LAUDENCA
Respondents,
SPL. PROC Case No. 2586-R
FOR: CHANGE OF NAME
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ORDER AND NOTICE OF HEARING
A verified Petition for change of name in the Certificate of Live Birth of minor MATHIAS WILLIAM DE VEZA KIER V, is filed before this court praying that after notice and hearing, the foregoing Petition be granted and that subject child’s name be changed from MATHIAS WILLIAM DE VEZA KIER V to WILLIAM DEVEZA.
In support of her petition, Petitioner states:
1. Petitioner is single, of legal age, a Filipino, with address at 051A Purok 8, Irisan, Baguio City. She is the mother of subject minor, Mathias William Deveza Kier V, whose Certificate of Live Birth is hereto attached as Annex “A” and made part hereof;
2.Petitioner and child have been residing in Baguio City for more than three (3) years now;
3. Respondent Albert Zachary Cabjuan Kier III, herein after referred to as Albert for brevity, is of legal age, single, a Filipino, with address at 61 Amistad Road, Camp 7, Baguio City where he may be served summons and other court processes;
4. Respondent Philippine Statistics Office, a nominal party herein represented by Lisa Grace S. Bersales, may be served notices at the 17th Flr. Cyber Pod Centris Eton Three EDSA, Quezon City;
5. Respondent Local Civil Registry of the City of Baguio, too a nominal party, herein represented by Sylvia R. Laudencia, may be served notices at T. Alonzo St., Baguio City;
6. Petitioner and Albert were intimate sweethearts in 2010. Thus, the birth of subject child on 19 February 2011;
7. Prior to giving birth, Petitioner decided to name her child WILLIAM DEVEZA, William being the English version of Guillermo, the name of Petitioner’s father;
8. At the time she gave birth at the SLU Hospital, Petitioner was surrounded by Albert’s Family who decided that MATHIAS be added to the baby’s given name, Mathias being the Given name of Albert’s great grandfather. Additionally, Albert’s family decided that the baby’s surname be Kier V. They decided so because the baby is the first grandson of the grandparents on the paternal side;
9. Much as Petitioner disliked the addition of Mathias for her son’s given name and the use of Kier for the son’s surname, she was unable to prevail upon Albert’s family;
10. Hence, subject child’s being named Mathias William Deveza Kier. This does not only contradict Petitioner’s decision as to her son’s name. It is wrong. It appears that subject child is legitimate when he is not;
11. For some months, Petitioner and Albert lived together after the birth of subject child. Petitioner couldn’t stay much longer with Albert. Albert could not be a father at all. He lied about having jobs. He never gave support to his son. He even stole petitioner’s belongins;
12. There’s just no point for an illegitimate son to use the surname of an irresponsible father who gives no support at all and whom the son does not relate with;
13. Soon, Petitioner and son will be traveling to the United States of America where Petitioner’s parents reside. To prevent complications in the travel documents of subject child, the Certificate of Live Birth must be rectified; and
14. Petitioner believes it would best serve the interest of her child if his given name in his Certificate of Live Birth be changed to WILLIAM and his surname be changed to DEVEZA.
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Finding the Petition to be sufficient in form and substance, let the same be heard before the Regional Trial Court, Branch 60, Baguio City on March 9, 2017 at 8:30 o’clock in the morning at which place, date and time, the Petitioner shall prove her case. Any person may appear and show cause, 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 respondent, ALBERT ZACHARY CABJUAN KIER III, Local Civil Registrar of the City of Baguio, who is hereby enjoined to file its comments and/or opposition, should there be any. Furnish a copy of the Order and Notice of Hearing together with a copy of the petition to the Office of the Solicitor General, Office of the Civil Registrar General, Philippine Statistics Authority and the Office of the City Prosecutor of Baguio City.
At the expense of the Petitioner, the Branch Sheriff is hereby directed to post copies of this Order and Notice of hearing on the bulletin board of the Court, the City Hall, and the Post Office, all of Baguio City. Let this Order and Notice of hearing be published in a newspaper of general circulation in Baguio city and suburbs for three (3) consecutive weeks at the expense of the Petitioner.
SO ORDERED.
DONE IN CHAMBERS, this 12th day of December 2016, at Baguio City, Philippines.
(SGD) MARIA LIGAYA V. ITLIONG-RIVERA
Acting Presiding Judge
Publication Dates: Dec. 24, 31, 2016 and Jan. 7, 2017
