Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch ___
Tagum City, Davao del Norte

IN RE: PETITION FOR CORRECTION OF

ENTRY IN THE CERTIFICATE OF LIVE BIRTH
OF LOSFACIA MALUPA APDUHAN (NOW
LOSFACIA APDUHAN YTAC) WITH REGISTRY
NO. 92-00285

MARWEEN JOSEPH PILAPIL, Sp. Proc. Case No.: __

Petitioner,

-versus –

THE OFFICE OF THE CITY CIVIL REGISTRAR

OF TAGUM CITY,

JOSEPH BOSAS TIMBREZA,

MARY ROWENA PILAPIL-TIMBREZA,

THE PHILIPPINE STATISTICS AUTHORITY,

AND ALL PERSONS/ENTITIES WHO/WHICH

MAY BE AFFECTED THEREBY

Respondents.
x-------------------------------------------------/

PETITION TO USE SURNAME OF A FATHER

PETITIONER, MARWEEN JOSEPH PILAPIL, through the
Public Attorney’s Office, unto this Honorable Court, most
respectfully avers that:

I. PARTIES

1. Petitioner is of legal age, Filipino, single, and a resident of

Sitio Bannaeng, Barangay Abualan, San Juan, Abra, and can be
served with notices and other processes of the Honorable Court
either at the said address or at the office of the undersigned
counsel located at G/F, CJT Building, Public Attorney’s Office-
Tagum District Office, Tagum City, Davao del Norte;

2. Petitioner is an indigent litigant and have passed the

indigency requirements prescribed by the Public Attorney’s Office.
A copy of his Certificate of Indigency issued by the Office of
the Punong Barangay of Barangay Abualan is hereto attached as
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ANNEX “A”. Hence, under Section 16-D of Republic Act No.
9406, the Petitioner is exempt from payment of docket fees and
other fees incident to the filing of this petition, to wit:

Section 16-D. EXEMPTION FROM FEES AND COSTS OF

SUIT. The clients of the PAO shall be exempt from the payment
of docket and other fees incidental to instituting an action in
court and other quasi-judicial bodies, as an original proceeding
or on appeal. X x x

Also attached as ANNEX “B” is a copy of OCA Circular No. 121-

2007 providing for the exemption of the clients of the Public
Attorney’s Office from paying filing fees;

3. That Respondents JOSEPH BOSAS TIMBREZA is the father

of the Petitioner while MARY ROWENA PILAPIL-TIMBREZA is
the mother of the Petitioner, both of legal age, Filipino, married to
each other and are residents of Sitio Bannaeng, Barangay
Abualan, San Juan, Abra, where they can be served with
processes of the Honorable Court;

4. Respondent Office of the Local Civil Registrar of Tagum

City is the repository and official custodian of all civil registration
like births, deaths and marriages, and the matter of changes and
corrections thereof. It is impleaded in its official capacity as
custodian of civil records and may be served with summons and
processes of the Honorable Court at the Tagum City Hall, Apokon
Road, Tagum City.

5. Respondent PHILIPPINE STATISTICS AUTHORITY shall

primarily be responsible for all national censuses and surveys,
sectoral statistics, community-based statistics, consolidation of
selected administrative recording systems, and compilation of
national accounts. It may be served with summons and processes
of the Honorable Court at its local office in Ango Realty Building,
Osmeña St., Tagum City, Davao del Norte;

II. STATEMENT OF FACTS

Petitioner MARWEEN JOSEPH PILAPIL was born on July 25,

1999 at Tagum City, Davao del Norte, to his mother, Respondent,
MARY JOWENA PILAPIL and father, Respondent JOSEPH
BOSAS TIMBREZA out of wedlock;

6. The fact of Petitioner’s birth was duly registered with the

Office of the Local Civil Registrar of Tagum City, Davao del Norte
under Registry No. 2000-2173. The Philippine Statistics Authority
(P.S.A.) copy of his Certificate of Live Birth is hereto attached
as ANNEX “C”;

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7. Albeit the fact that the biological parents of MARWEEN
JOSEPH we’re not married at the time of his birth which makes
him an illegitimate, his father, acknowledged him as his own.
Attached hereto as ANNEX “D” is the Copy of the Affidavit of
Acknowledgement/Admission of Paternity;

8. During the time PETITIONER MARWEEN JOSEPH was born,

RESPONDENTS JOSEPH and MARY JOWENA, the biological
parents were not capacitated to marry each other as Respondent
JOSEPH BOSAS TIMBREZA has an existing marriage which was
dissolved upon the death of the first wife on 15 May 2004.
Attached hereto as ANNEX “E” is the Copy of the Death
Certificate of LEONORA UNDAN BARCELO;

9. Following such information, MARWEEN JOSEPH’s parents got

married on 25 July 2005 at San Juan, Abra. Attached hereto as
ANNEX “F” is the copy of the marriage Certificate of Marriage
with registry No. 2005-44;

10. However, while it is true that PETITIONER was born out of

wedlock, he cannot be legitimated since there is a legal
impediment existing for his parents to marry. But despite that
fact, petitioner’s parents still executed an Affidavit of Legitimation
and registered before the Respondent THE OFFICE OF THE CITY
CIVIL REGISTRAR. Attached and marked is the copy of the
Affidavit of Legitimation dated 21 April 2017 as ANNEX “G”;

11. By virtue of the execution and registration of the affidavit of

legitimation, an annotation of legitimation (“LEGITIMATED BY
SUBSEQUENT MARRIAGE OF PARENTS” under registry number
2017-2250) is made in the certificate of live birth of herein
Petitioner’s son MARWEEN JOSEPH. Attached and marked is the
copy of the Certificate of Live Birth with the annotation as ANNEX
“H” and “H-1”;

12. Further, while it is true that PETITIONER was lawfully

acknowledged by his father, the passage of R.A. 9255 which took
effect on 18 March 2004, prevents him from using readily and
automatically using the surname of his father;

13. Such law provides that:

SECTION 1. Article 176 of Executive Order No. 209, otherwise

known as the Family Code of the Philippines, is hereby amended
to read as follows:

"Article 176. Illegitimate children shall use the surname and shall
be under the parental authority of their mother, and shall be
entitled to support in conformity with this Code. However,
illegitimate children may use the surname of their father if their
filiation has been expressly recognized by the father through the
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 record of birth appearing in the civil register, or when an
admission in a public document or private handwritten
instrument is made by the father. Provided, the father has the
right to institute an action before the regular courts to prove
non-filiation during his lifetime. The legitime of each illegitimate
child shall consist of one-half of the legitime of a legitimate
child."

14. Considering that PETITIONER was born on 25 July 1999,

he cannot readily use the surname of his father, in accordance
with Republic Act 9255;

15. In accordance with such law, a Petition filed before the

Courts is needed in order to validly allow him to use her father’s
surname as his surname;

16. Aside from the above-mentioned facts and evidence, the

following documents are hereto attached as documentary
evidence to support and prove that Petitioner has long been using
“TIMBREZA” as his surname, to wit:

a. Copy of the OFFICIAL TRANSCRIPT OF RECORDS

issued by the Abra State Institute of Sciences and
Technology as ANNEX “I” and “I-2”;

b. Copy of his Professional Driver’s License issued by the

Land Transportation Office as ANNEX “J”;

c. Copy of his Tax Identification Number ID issued by the

Bureau of Internal Revenue as ANNEX “K”;

17. The continued existence of the Certificate of Live Birth that

does not contain the surname of Petitioner’s father TIMBREZA is
prejudicial to the interest of MARWEEN JOSEPH PILAPIL;

18. PETITIONER respectfully prays that the foregoing facts and

circumstances be found to be proper and reasonable cause for
allowing MARWEEN JOSEPH PILAPIL to use the surname of his
father, and that his surname as appearing in his Certificate of Live
Birth be changed from PILAPIL to TIMBREZA and that his
middle name from BLANK to PILAPIL.

III. PRAYER
WHEREFORE, premises considered, it is respectfully prayed
that, after due notice and hearing, that and order be issued:

a. GRANTING the instant PETITION;

b. ORDERING the Local Civil Registrar of Tagum City, Davao
del Norte to:

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 a. Correct the entry regarding PETITIONER’s last name
from PILAPIL to TIMBREZA and that his middle name
from BLANK to PILAPIL;
b. Cancel the annotation of legitimation with registry no.
2017-2250 in the certificate of live birth of Marween
Joseph Pilapil with registry no. 2000-2173.
c. FURNISHING a copy of the Decision or Judgment to the
Local Civil Registrar of Tagum City, Davao del Norte where
this Honorable Court issuing the Decision or Judgment is
situated, who shall forthwith enter the same in the civil
register, pursuant to Section 6, Rule 108 of the Revised
Rules of Court;
d. FURNISHING a copy of the Decision or Judgment be
furnished the National Statistics Office (NSO) now Philippine
Statistics Office (PSA), Solicarel Building, R. Magsaysay
Boulevard, Sta. Mesa, Metro Manila.
e. Other reliefs, consistent with equity and justice are likewise
prayed for.

RESPECTFULLY SUBMITTED.

__________ (for Tagum City, Davao del Norte), Philippines.

MARWEEN JOSEPH PILAPIL

Petitioner

Assisted By:

PUBLIC ATTORNEY’S OFFICE

Tagum City District Office
st
1 Floor CJT Bldg., Bonifacio St.,
Tagum City, Davao Del Norte, Philippines

By:

NYLOR JAY T. ASTRONOMO

Public Attorney II
Roll No. 67384
IBP Lifetime No. 041253, 07/27/2018
MCLE Compliance No. VI-0013921 until April 14, 2022

Noted by:

JANESS BLANCO-MANIPES
Public Attorney III
District Public Attorney
Roll No. 57605
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 MCLE Compliance No. VI-6000272042

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR

CJT Building, Tagum City, Davao del Norte

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village
1200 Makati City

OFFICE OF THE CITY CIVIL REGISTRAR

Tagum City Hall, Apokon Road, Tagum City

JOSEPH BOSAS TIMBREZA

Sitio Bannaeng, Barangay Abualan, San Juan, Abra

MARY ROWENA PILAPIL-TIMBREZA

Sitio Bannaeng, Barangay Abualan, San Juan, Abra

THE PHILIPPINE STATISTICS AUTHORITY

Ango Realty Building, Osmeña St., Tagum City, Davao del Norte

VERIFICATION/CERTIFICATION

I, MARWEEN JOSEPH PILAPIL, of legal age, Filipino, single, and

resident of Sitio Bannaeng, Barangay Abualan, San Juan, Abra, hereby
depose and state THAT:

1. I am the petitioner in the above-entitled case.

2. I have caused the preparation and filing of the foregoing

Petition;

3. The allegations in the pleading are true and correct based

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on my personal knowledge and based on authentic documents;

4. The pleading is not filed to harass, cause unnecessary delay

or needlessly increase the cost of litigation;

5. The factual allegations therein have evidentiary support or,

if specifically, so identified, will likewise have evidentiary support after
a reasonable opportunity for doscovery;

6. The allegations and documents therein are true and correct

in my personal knowledge and are based on the authentic documents
and records and I further certify THAT:

a. I have not commenced any other action or proceeding

involving the same issues in the Supreme Court, Court of Appeals
or other tribunal or quasi-judicial agency;and

b. Should I hereafter learn that a similar action or

proceeding has been filed or pending before the Supreme Court,
Court of Appeals, or different Divisions thereof, or any other
tribunal or agency, I shall undertake to promptly inform the
Honorable Court of this fact within five (5) days from my
knowledge thereof.

IN TRUTH WHEREOF, I have hereunto set my hand this_____, in

the City of Tagum, Davao del Norte, Philippines.

MARWEEN JOSEPH PILAPIL

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this______, at

Tagum City, Davao del Norte, Philippines.

NYLOR JAY T. ASTRONOMO

Public Attorney II
(Pursuant to R.A No. 9406)

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