REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 6, BAGUIO CITY

IN THE MATTER OF PETITION FOR CANCELLATION OF CERTIFICATE OF LIVE BIRTH OF CECILIA COSTES OLIGAN

CECILIA COSTES OLIGAN,

Petitioner,

-versus-

THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY & NATIONAL STATISTICS OFFICE,
Respondents.

x————x

SPL. PROC CASE NO 2364-R

NOTICE OF INITIAL HEARING

In her verified amended petition, petitioner alleges as follows:

2. That petitioner was born on May 11, 1963 at the Benguet Corporation Hospital at Balatoc Mines, Virac, Itogon Benguet
Province and the facts of birth have been duly recorded with the Office of the Local Civil Registrar of Itogon Municipality,
Province of Benguet under Registry No.98-216. Certified copy of the Birth Certificate by the Local Civil Registrar of Itogon
Municipality and the authenticated copy thereof by the National Statistics Office (NSO), Baguio City are hereto attached
and marked as Annexes “A” and “A-1” , respectively and are made integral parts hereof;
3. That petitioner is married to one Mr. Arturo Oligan hence she uses the full name Mrs. Cecilia Costes Oligan in her
personal, official and business transactions and she is also identified in such name in above-entitled petition;
4. That the natural and legal parts of petitioner are: Father, Mr. Alberto D. Costes, and Mother, Mrs. Espirita Alambra
Costes,
5. That the natural and legal parents of petitioner were married on January 12, 1959, solemnized by Rev. Pual Bollen at the
St. Vincent Catholic Parish Church, Naguilian Road, Baguio City. A certified copy of the marriage contract is hereto
attached and marked as Annex “B” and made integral part hereof;
6. That petitioner had been used her birth certificate (Annex “A” or “A-1” in her personal, official and business
transactions everytime said document is needed and/or required;
7. That only recently, for purposes of travel overseas, petitioner applied for a travel passport with the Department of
Foreign Affairs (DFA) at its branch office hereat Baguio City and was required to secure a certified NSO copy of her birth
certificate which was granted bearing Reg. No. 98-216. In such process, she was however advised that a certain birth
certificate with certain similar datas relating to her appears on record with the Local Civil Registry Of City of Baguio,
thus for such advice, as there maybe certain record concerns that may have to be attended to, petitioner verified with
and able to secure a certification of the facts of birth from the Office of the Local Civil Registrar of Baguio City or herein
respondent, bearing Registry No. 6301220. Xerox copy of the birth certificate together with the certification issued by the
office of respondent are hereto attached and marked as Annex “C” and “C-1” and made integral part hereof;
8. That the full name as appearing in this instrument or Annex “C” and “C-1” is “Baby Girl Alambra Costes” , “Cecilia A.
Costes” and the name of the mother is Espirita D. Alambra which are true and correct referring to your petitioner;
9.That is birth certificate or Annex “C” and “C-1” contains these datas:
a) Place of Birth – Baguio City;
b) Name of Father – Victorian D. Costes;
c) Date of Marriage – January 11, 1958;
d) Place of Marriage – Itogon, Benguet;
These datas as shown hereon are not the true or correct personal facts circumstances for petitioner, which maybe
subject to corrections but must be instead be cancelled considering the place of birth registration, which should be
Itogon Municipality, Province of Benguet particularly at the Balatoc Mines Hospital thereat and not Baguio City;
10. That the true and correct name of the father of petitioner is Alberto David Costes and the fact of place and date of
solemnization and celebration of marriage contract to be in Baguio City are shown by the following documents:
a) Marriage Contract of the petitioner’s parents, bearing Reg. No. 22;
b) Birth Certificates of Mary Grace A. Costes, Blesilda A. Costes and Albert A. Costes, the siblings and petitioner;
c) Xerox copies of Social Security System (SSS) Number 586-88-0072; and Passport No. G032113 relating to the true and
correct name of the father;
Copies of the certificate of live birth of Mary Grace A. Costes; Blesilda A. Costes and Albert. A Costes are hereto attached
and marked as Annexes “D” , “D-1” and “D-2” , respectively and Xerox copies of the SSS number and Passport of Alberto D.
Costes, marked as Annex “E” are hereto attached and made by way of references;
11. That as how this birth records (Annex “C” & “C-1” hereof) appears with the records of the Local Civil registry of Baguio
City is beyond the capacity of petitioner to explain especially so, both her parents are now deceased and its stay on the
records of public respondents may affect or subject the convenient use of the birth record of petitioner with certain
difficulties, considering petitioner appears to have two (2) recorded birth certificates;
12. That this birth certificate bearing registry No. 6301220 be cancelled from the records of public respondents and the
stay of the other recorded birth record of petitioner is for the purpose also of straightening the birth records of the
petitioner for the convenient use of her birth certificate bearing no. 98-216, on matters of official authentications by the
Civil Registry Offices.
WHEREFORE, foregoing premises considered, it is most respectfully prayed of the Honorable Court to grant this petition:
1. Ordering the cancellation from the record of the public respondents or the Local Civil Registrar of Baguio City and
National Statistics Office (NSO) the birth certificate bearing Registry No. 6301220;
2. Petitioner prays for such other reliefs and orders as maybe necessary under the foregoing facts and circumstances.
XXXX”
Let the petition be set for hearing on October 22, 2014 at 8:30 o’clock in the morning at the Regional Trial Court, Branch 6,
“Bulwagan Ng Katarungan” (Justice Hall), Baguio City at which date, time and place, all persons interested may show
cause why the petition should not be granted.
Let a copy of this Notice of Initial Hearing be published at The Junction Newspaper a newspaper of general circulation in
Baguio City once a week for three (3) consecutive weeks at the expense of the petitioner.
Let a copy of this Notice of Initial Hearing by posted in four (4) public places at the Bulletin Board of City Market, the Post
Office, the City Hall and the Regional Trial Court, all in Baguio City at the expense of the petitioner.
Let copies of this Notice of Initial Hearing and the amended petition and its annexes be furnished the Office of the
Solicitor General at No. 134 Amorsolo St., Legaspi Village, Makati City, the Office of the City Prosecutor of Baguio City, the
Local Civil Registrar, Baguio City and the National Statistics Office, Manila.
Service copies of this Notice of Initial Hearing upon the petitioner Cecilia Costes Oligan and her counsel.
SO ORDERED.
July 22, 2014. Baguio City, Philippines.

By: (SGD) CECILIA CORAZON S. DULAY-ARCHOG

Acting Presiding Judge

Publication Dates: August 16, 23 & 30, 2014

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REPUBLIC OF THE PHILIPPINES vs. JULIAN EDWARD EMERSON COSETENG-

MAGPAYO (A.K.A. JULIAN EDWARD EMERSON MARQUEZ-LIM COSETENG), G.R.
No. 189476, February 2, 2011

“x x x.

A person can effect a change of name under Rule 103 (CHANGE OF NAME) using
valid and meritorious grounds including (a) when the name is ridiculous,
dishonorable or extremely difficult to write or pronounce; (b) when the change
results as a legal consequence such as legitimation; (c) when the change will avoid
confusion; (d) when one has continuously used and been known since childhood
by a Filipino name, and was unaware of alien parentage; (e) a sincere desire to
adopt a Filipino name to erase signs of former alienage, all in good faith and
without prejudicing anybody; and (f) when the surname causes embarrassment
and there is no showing that the desired change of name was for a fraudulent
purpose or that the change of name would prejudice public interest.[1]
Respondent’s reason for changing his name cannot be considered as one of, or
analogous to, recognized grounds, however.

The present petition must be differentiated from Alfon v. Republic of the

Philippines.[2] In Alfon, the Court allowed the therein petitioner, Estrella Alfon, to
use the name that she had been known since childhood in order to avoid
confusion. Alfon did not deny her legitimacy, however. She merely sought to use
the surname of her mother which she had been using since childhood. Ruling in
her favor, the Court held that she was lawfully entitled to use her mother’s
surname, adding that the avoidance of confusion was justification enough to allow
her to do so. In the present case, however, respondent denies his legitimacy.

The change being sought in respondent’s petition goes so far as to affect his legal
status in relation to his parents. It seeks to change his legitimacy to that of
illegitimacy. Rule 103 then would not suffice to grant respondent’s supplication.

Labayo-Rowe v. Republic[3] categorically holds that “changes which may affect the
civil status from legitimate to illegitimate . . . are substantial and controversial
alterations which can only be allowed after appropriate adversary
proceedings . . .”
Since respondent’s desired change affects his civil status from legitimate to
illegitimate, Rule 108 applies. It reads:

SECTION 1. Who may file petition.—Any person interested in any act, event, order
or decree concerning the civil status of persons which has been recorded in the
civil register, may file a verified petition for thecancellation or correction of any
entry relating thereto,with the [RTC] of the province where the corresponding civil
registry is located.