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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT

Baguio City
Branch 3
IN THE MATTER OF THE CORRECTION OF ENTRIES AND
CHANGE OF SURNAME UNDER REGISTRY NO. 2004-112 IN
THE CERTIFICATE OF LIVE BIRTH OF JONGGO LLOYD TATUM,
a.k.a., JONGGO LLOYD TATUM MARTINEZ, PARTICULARLY
ENTRIES NUMBER 2-C, 3, 7, 8, 9, 11-A, 24, AND 23.
JONGGO LLOYD TATUM (minor),
represented
by
his
mother
DIVINA TATUM
Petitioner,
-versus-

SP. PROC. CASE

NO. 6541
For: Correction of
Entries
under Rule 108 and
Change
of
Surname
uncer Rule 103 of the
Revised Rules of Court
DOMINGO LLOYD MARTINEZ, LOCAL
CIVIL REGISTRAR OF BAGUIO CITY,
PHILIPPINE STATISTICS AUTHORITY,
and
the
REPUBLIC
OF
THE
PHILIPPINES, represented by the
OFFICE
OF
THE
SOLICITOR
GENERAL,
Respondents.
x--------------------------------------------------------x

AMENDED

PETITION

The minor PETITIONER, represent by his mother, through the

undersigned counsel, unto this Honorable Court, most
deferentially states and asserts, that:
THE PARTIES

1.

The petitioner is a minor, 12 years of age, Filipino Citizen,

and is represented by his biological and illegitimate
mother. Both of them are residents of 8-D Private Road,
Magsaysay Avenue, Baguio City, where they may be
served with summons and other judicial processes of this
Honorable Court;

2.

The public respondents, LOCAL CIVIL

REGISTRAR
OF
BAGUIO CITY, with address at Baguio City Hall, City Hall
Drive, Baguio City, and the CIVIL REGISTRAR GENERAL,
PHILIPPINE STATISTICS AUTHORITY with address at East
Avenue, Diliman, Quezon City are government agencies
empowered to record births, marriages and deaths; and
may be served with judicial processes of this Honorable
Court at their respective aforestated addresses;

3.

The public respondent REPUBLIC OF THE PHILIPPINES

represented by Office of the Solicitor General is
empowered to represent the state with office addresses at
134 Amorsolo St., Legaspi Village, Makati City, where it
may be served with summons, a copy of the petition and
other judicial processes of this Honorable Court;

4.

Private respondent, DOMINGO LLOYD MARTINEZ, is the name

appearing as father of the minor, JONGGO LLOYD TATUM,
a.k.a., JONGGO LLOYD TATUM MARTINEZ, in the Certificate
of Live Birth with registration no. 2003-112, and with
address at Roman Ayson Road, 12 Sixto Gaerlan St.,
Baguio City, where he may be served with judicial
processes of this Honorable Court;
CAUSE OF ACTION

5.

For the guidance of this Honorable Court, the material facts

surrounding this case are as follows:

6.

The petitioner is the minor JONGGO LLOYD TATUM, a.k.a.,

JONGGO LLOYD TATUM MARTINEZ (Herein after referred to
as JONGGO LLOYD), represented by his biological and
illegitimate mother DIVINA MUNSAYAC TATUM (Herein after
referred to as DIVINA).
Attached hereto is the
Certificate of Live Birth of JONGGO LLOYD, with
Registry Number 2004-112, marked as Annex A to
form an integral part hereof;;

7.

Both JONGGO LLOYD and DIVINA have been residents of the

City of Baguio for the past 3 years. Moreover, both have
been residents of 8-D Private Road, Magsaysay Avenue,
Baguio City since the time of their birth.
Attached
hereto are the Certificates of Barangay Residency
of JONGGO LLOYD and DIVINA, marked as Annexes
B and C respectively, to form an integral part
hereof;

8.

Neither JONGGO LLOYD nor DIVINA know, and cannot

determine, the true illegitimate father of the former,
because at the time when DIVINA conceived her one and
only child JONGGO LLOYD, she had sexual relationships
with different men;

9.

DIVINA gave birth to JONGGO LLOYD in their residence,

assisted by her late mother who was known as a local
midwife (Hilot);

10. When JONGGO LLOYD was one (1) year old, he was brought
to visit private respondent DOMINGO LLOYD MARTINEZs
(Hereinafter referred to as DOMINGO) residence for a visit.
DOMINGO is the ex-lover of DIVINA, but both remain to be
good friends. DIVINA agreed to leave her child under
DOMINGOs care for that day, as she needed to attend to
something. However, without her knowledge and consent,
JONGGO LLOYD was registered by DOMINGO before the
Local Civil Registry of Baguio City.
DOMINGO made
himself the informant and held himself as the father of
JONGGO LLOYD, causing erroneous entries in the latters
certificate of live birth, which is now the subject of this
petition;
11. In fact, in all merits of verity, DIVINA did not sign the
certificate of live birth. It was DOMINGO who signed the
certificate of live birth without the knowledge and consent
of DIVINA;
12. JONGGO LLOYD has always been known by the public as
using the surname TATUM, which is the surname of his
mother. In fact, DIVINA enrolled her son in school as
JONGGO LLOYD TATUM; and in records of the child, the
name reflected is JONGGO LLOYD TATUM and not JONGGO
LLOYD TATUM MARTINEZ. Attached hereto are the
school records of JONGGO LLOYD TATUM, marked as
Annexes D and E to form integral parts hereof;

13. Subsequently, DIVINA was about to cause the registration of

her sons birth with the Local Civil Registrar, but did not do
so as she found out from DOMINGO that her son has
already been registered beforehand;
14. To the utter surprise of DIVINA, she found errors and
inaccuracies in the Certificate of Live Birth in the records
of the National Statistics Office showing erroneous entries,
to wit:
Erroneous entries:

CORRECT
INFORMATION:

Entry
2-c.
Mothers
Residence:
8-D
Private
Road,
Roman Ayson Road, 12 Sixto Magsaysay Avenue, Baguio
Gaerlan St., Baguio City
City
Entry 3. Name:
Jonggo Lloyd Tatum
Jonggo Lloyd Tatum
Martinez
Entry 7. Fathers Name:
Unknown
Domingo
Lloyd
Robles
Martinez
N/A
Entry
8.
Nationality:
Filipino

Fathers

N/A
Entry 9. Age at the time
of birth:
35 years
N/A
Entry 11a. Occupation:
Lawyer
N/A
Entry 24. Date and Place
of Marriage of Parents:
December 10, 2001
No
Entry 23. Legitimate:
Yes

15. The erroneous entries in the Certificate of Live Birth were

brought about by the fallacious assumption that DOMINGO
is the father of the minor, JONGGO LLOYD, when in truth
and in fact, the father is unknown and that no marriage
between DIVINA and DOMINGO ever took place.
Moreover, DIVINA remains to be unmarried up until now.
Attached hereto is a copy of the Certificate of No
Record of Marriage, marked as Annex F to form
an integral part hereof;
16. The erroneous entries in the Certificate of Live Birth with
Registry No. 2004-112 were brought about by honest
mistake, miscommunication, misunderstanding
and
inadvertence, which are neither intended to mislead nor
to confuse the public;
17. In order to correctly settle the records of birth of JONGGO
LLOYD TATUM, and to avoid any confusion and
misrepresentation to the public, it is necessary that the
erroneous entry appearing in the Certificate of Live
Birth with Registry No. 2004-112 be corrected.

PRAYER
WHEREFORE, it is most respectfully prayed for, that after
due notice, publication and hearing, judgment be rendered as
follows, to wit:
1. Ordering the Local Civil Registrar of Baguio City and the
Civil Registrar General of the Philippine Statistics Authority
to make the necessary change of surname and corrections
in the Certificate of Live Birth of JONGGO LLOYD TATUM,
a.k.a., JONGGO LLOYD TATUM MARTINEZ with Registry
Number 2004-112, to wit;
Erroneous entries:
MUST BE CORRECTED
TO:
Entry
2-c.
Mothers
Residence:
8-D
Private
Road,
Roman Ayson Road, 12 Sixto Magsaysay Avenue, Baguio
Gaerlan St., Baguio City
City

Entry 3. Name:
Jonggo Lloyd Tatum Martinez

Jonggo Lloyd Tatum

Entry 7. Fathers Name:

Domingo
Lloyd
Robles Unknown
Martinez
Entry
8.
Nationality:
Filipino

Fathers N/A

N/A
Entry 9. Age at the time
of birth:
35 years
N/A
Entry 11a. Occupation:
Lawyer
N/A
Entry 24. Date and Place
of Marriage of Parents:
December 10, 2001
No
Entry 23. Legitimate:
Yes
It is further respectfully prayed for that such other
reliefs and remedies as are just and equitable under the
premises laid down be allowed.
MOST RESPECTFULLY SUBMITTED.
Baguio City, January 5, 2016.
BARRAKO
LAW OFFICES
Counsel for the Petitioner
69 Bokawkan Road, Brgy. Dizon Subdivision,
Baguio City
Tel. No. (074) 422-1617

By:
JAN MICHAEL G. LIMMAYOG
Roll No.: 508128
PTR No.: 1112345 01-18-2015 Baguio
City
IBP No.: 176184 01-18-2015 Baguio City
MCLE Compliance No.: 455813 08-052015

Copy furnished:
Domingo Lloyd Martinez
Civil Registrar of Baguio City
Civil Registrar General of the Philippine Statistics Authority
Solicitor General

VERIFICATION
AND CERTIFICATE OF NON-FORUM SHOPPING
I, DIVINA TATUM, of legal age, Filipino citizen, under oath, do
hereby depose and state, that:
1. I am the petitioner in the above-entitled and numbered case;
2. I have caused the preparation of the foregoing Petition; that I
have read and understood the contents thereof; and that the
allegations therein are true and correct to the best of my own
personal knowledge and authentic evidence;
3. I hereby further certify and attest that I have not commenced any
other action or proceeding involving the same issues in any other
tribunal or agency; that to the best of my knowledge and belief,
no such action or proceeding is pending in any other tribunal or
agency; and that If I should thereafter learn that a similar action
or proceeding has been filed or is pending before the any other
tribunal or agency, I undertake to report that fact within five (5)
days therefrom to this Honorable Court.
IN WITNESS WHEREOF, we have hereunto affixed our signatures
this 5th day of January, 2016 in Baguio City.
DIVINA TATUM
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of January,
2016 in Baguio City by DIVINA TATUM who has satisfactorily proven her
identity through PRC ID License No. 118842345, to expire on December
6, 2018; and that she is the same persons who personally signed and
executed the foregoing Petition.

Doc. No.
City
Page No.
City
Book No.
2015
Series of 2016

ATTY. JAN MICHAEL G. LIMMAYOG

Notary Public for Baguio City
Until December 31, 2016
Roll No.: 508128
PTR No.: 1112345 01-18-2015 Baguio
IBP No.: 176184 01-18-2015 Baguio
MCLE Compliance No.: 455813 08-05Issued on April 19, 2013, Baguio City

ANNEX A

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ANNEX B
Republic of the Philippines
Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines

CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE

To whom it may concern:
THIS IS TO CERTIFY that Jonggo Lloyd Tatum, 12 years old, is a bona fide
resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio City, and has
been a resident thereof continuously and uninterruptedly since the time of his birth.
THIS CERTIFIES FURTHER, that he is known as a person of good moral
character, and that he has always been known to bear the surname Tatum, and
not Martinez.
THIS CERTIFICATION is being issued to support his petition for the correction of
entries and change of name in his Certificate of Live Birth and for such purpose
only.
THIS CERTFICATION is issued in accordance to the implementation of the
provision of the Local Government Code of 1991 and for whatever legal purpose it
may serve best.
SIGNED AND ISSUED this 55 th day of January, 2015 at Barangay Private Road,
Baguio City.

MARSE A. HUMALIMAW
Punong Barangay

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ANNEX C
Republic of the Philippines
Province of Benguet
Baguio City
BARANGAY PRIVATE ROAD
Philippines

CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE

To whom it may concern:
THIS IS TO CERTIFY that Ms. Divina Munsayac Tatum, 33 years old, single, is a
bona fide resident of #8-D Private Road Barangay, Magsaysay Avenue, Baguio
City.
As per records in this office on the implementation of P.D. 1508 otherwise known
as Katarungang Pambarangay Law, and other existing laws, rules and
regulations, and ordinances, no case was filed against her.
THIS CERTIFIES FURTHER, that she is known as a person of good moral
character.
THIS CERTIFICATION is being issued to support her request for the correction of
entries and change of surname in the Certificate of Live Birth of her minor son
Jonggo Lloyd Tatum and for such purpose only.
THIS CERTFICATION is issued in accordance to the implementation of the
provision of the Local Government Code of 1991 and for whatever legal purpose it
may serve best.
SIGNED AND ISSUED this 5th day of January, 2015 at Barangay Private Road,
Baguio City.

MARSE A. HUMALIMAW
Punong Barangay

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ANNEX D

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ANNEX E

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ANNEX F