Cebu City RE: IN THE MATTER OF THE PETITION FOR CHANGE OF NAME OF AGNES V. SOLANO TO AGNES VILLANUEVA,
JUANA A. VILLANUEVA,
Petitioner
-versus-LOCAL CIVIL REGISTRAR OF CEBU CITY AND THE NATIONAL STATISTICS OFFICE,
Respondent. x---/
SP. PROC. CASE NO. _______
PETITION
PETITIONER, JUANA A. VILLANUEVA, by the undersigned counsel unto this Honorable Court respectfully states that:
1. Petitioner Juana A. Villanueva (Juana for brevity) is of legal age, Filipino, single and a resident of 288E Gorordo Ave., Cebu City and she may be served with notices, orders and other processes of the Honorable Court at her counsels’ address at EH404 USC Law Building, Pelaez St., Cebu City;
2. Minor child Agnes Villanueva (Agnes for brevity) is a resident of 288E Gorordo Ave., Cebu City together with her mother since the day she was born as evidenced by the Barangay Certification hereto attached as Annex “A” and is made an integral part of this petition;
3. Respondents herein are being sued in their official capacities being the concerned agencies and official custodian of the Certificate of Live Birth of the subject minor child with office addresses at Ground Floor, City Health Building, Gen. Maxilom Ave., Cebu City and Solicarel Bldg., Ramon Magsaysay Blvd., Sta. Mesa, Manila respectively where they may be served with notices, orders and other processes of the Honorable Court;
4. Agnes was born in the City of Cebu on May 3, 2008 and registered in the Local Civil Registry of Cebu City as evidenced by her Certificate of Live Birth issued by the National Statistics Office hereto attached as Annex “B” and is made an integral part of this petition;
5. Agnes was born to parents Juana A. Villanueva and Rafael R. Solano (Rafael for brevity). Her mother was never married to her father at the time she was born and has never been married as evidenced by a certification issued by the National Statistics Office hereto attached as Annex “C” and is likewise made an integral part of this petition;
6. Since Agnes was born out of wedlock then she is an illegitimate child of Juana and Rafael;
7. However, at the time of Agnes’ birth, she was acknowledged by her father. Hence, the surname indicated in her birth certificate is the same as that of the father;
8. However, Rafael and Juana’s relationship turned sour and did not consummate into marriage. Agnes was barely two months old when Rafael decided to leave Juana and his child;
9. After such time and up to the present, Rafael failed to take up his responsibilities as a father to his child on matters of financial, physical, emotional and spiritual concerns and doesn’t even acknowledge his own child in public as though he was ashamed of her. They are only related by blood and ends at that, as he was never been a father to Agnes in every sense of the word;
10. It is of common knowledge to the people who knew Juana that she has never been married and that there was no one who stood as a father to her child all these years. The child was raised by Juana alone. They never knew or only a few of them actually know the identity of her child’s father and even the child herself didn’t even know him;
11. Hence, it bears a great confusion to the general public as to why the child bears a different surname from her mother. The child felt like an outcast from her mother and the rest of her relatives as though she does not belong to the family because of the difference in the surname;
12. The mother and child was and will always be propelled with questions as to why their surnames are different and you could only imagine the great deal of embarrassment and ridicule that may be felt by both the mother and the child every time the circumstance is being explained to other people;
13. They had to explain, with utmost awkwardness and discomfiture, as to why the child is bringing a different surname when she has no father. This brings a negative impact on the child emotionally and not to mention the legal implications and troubles she may encounter in the future because of her different surname;
14. If only Agnes will have a surname the same with that of her mother, all of these will be avoided and any other legal complications in the future will be evaded;
15. In the case of Republic of the Philippines vs. Julian Edward
Emerson Coseteng-Magpayo, G.R. No.189476, February 2, 2011, the
Supreme Court ruled that:
“ 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.” emphasis supplied.
16. Avoiding confusion and undue embarrassment on the part of both the mother and especially the child is the main thrust of this petition and solely filed in furtherance of the best interests of the minor child Agnes. Thus, it is covered under Rule 103 of the rules of court;
17. This petition is not in any way filed to mislead the public or for any other fraudulent purposes and does not in any way prejudice public interest;
PRAYER
WHEREFORE, in view of the foregoing, it is respectfully prayed of this Honorable Court, after due notice, publication and hearing to grant this Petition and render a decision ordering the public respondents to cause the change of name of minor child from AGNES V. SOLANO to
Such other relief just and equitable under the premises is likewise prayed for.
March 12, 2015. Cebu City, Philippines
E.S.P.I.T.E.D. LAW OFFICES
(Escabarte Sarip Papa Itao Takahashi Enriquez & Deveraturda) EH404, USC Law Bldg., Pelaez St., Cebu City; (032) 253-1000
espitedlaw@yahoo.com
By:
SITTIE AIYNNA SARIP
PTR No. 123456; 1/2/15; Cebu City IBP OR No. 654321; 1/2/15; Cebu City MCLE Compliance No. IV-202020; 6/2/13 Attorney Roll No. 54321
VERIFICATION & AFFIDAVIT
OF NON-FORUM SHOPPING
I, Juana A. Villanueva, of legal age, Filipino, single and with residential address at 288E Gorordo Ave., Lahug, Cebu City, after been duly sworn to in accordance with law do hereby depose and state, that:
1. I am the petitioner in the above-entitled case;
2. I have caused the preparation of the foregoing Petition, have read the allegations therein and verify that the same are true and correct based on my own personal knowledge and/or on authentic records;
3. I have not commenced any action or filed any claim involving the same or similar issues in any other court, tribunal or quasi-judicial agency, including the Court of Appeals and the Supreme Court or any division thereof and to the best of my knowledge, no such other action or claim is pending therein. If I should learn hereafter that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days from such knowledge to this Honorable Commission;
4. I am executing this affidavit in order to attest to the truth of the foregoing;
IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of March 2015 at the City of Cebu, Philippines.
JUANA A. VILLANUEVA
SUBSCRIBED AND SWORN TO before me this 12th day of March
2015 at the City of Cebu, Philippines. Affiant is personally known to the notary.
Doc. No. _____; Page No. _____; Book No. _____; Series of 2015
ATTY. JUAN DELA CRUZ NOTARY PUBLIC CEBU CITY UNTIL DECEMBER 31, 2015 PTR No.0254395;1/2/15; Cebu City IBP Lifetime Member No. 06785 Attorney Roll No. 12345
