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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH___
ANTIPOLO CITY, PROVINCE OF RIZAL

IN RE: PETITION FOR


CHANGE OF NAME OF ELLEN
DE LA CRUZ YORSUA TO
ELLAINE DELA CRUZ AND
FOR CANCELLATION OF
BIRTH CERTIFICATES
Sp. Proc. No._____________
For: Petition for change of
name and cancellation of
birth certificates
ELLAINE DELA CRUZ,
Petitioner.
x-------------------------------------------x

PETITION FOR CHANGE OF NAME AND


CANCELLATION OF BIRTH CERTIFICATES

Petitioner, ELLAINE DELA CRUZ, by counsel, respectfully states


that:

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


Lot 13 Adarna St. Marville II Subdivision, Antipolo City.

2. Petitioner is the biological child of one MARILYN OPERIO


DELA CRUZ and EDGAR CAPIO YORSUA. Petitioner was born on 21
November 1995 at 39A Rancho Rosario Brgy. Dela Pas, Antipolo. At the
time of petitioner's birth, MARILYN OPERIO DELA CRUZ and EDGAR
CAPIO YORSUA were previously married. At present, the said marriage
had been annulled sometime on 2009.
A copy of MARILYN DELA CRUZ and EDGAR YORSUA’s marriage
contract is attached herein as Annex “A.”
A copy of the Certification and Resolution for the Annulment of said
marriage is attached herein as Annex “B.”
3. EDGAR CAPIO YORSUA had caused the registration of two
birth certificates in the name of petitioner. One birth certificate dated 25
November 1995, and another one dated 11 January 1996. In the said birth
certificates, it states that the name of petitioner is one ELLEN DE LA CRUZ
YORSUA, and born to MARILYN OPERIO DE LA CRUZ and EDGAR
CAPIO YORSUA.
A copy of the birth certificate dated 25 November 1995 is attached
herein as Annex “C.”
A copy of the birth certificated dated 16 January 1996 is attached
herein as Annex “D.”

4. MARILYN OPERIO DELA CRUZ had also caused the


registration of another birth certificate in the name of the petitioner on 16
April 2001. In this birth certificate, the correct name of the petitioner is
stated therein, which is ELLAINE DELA CRUZ.
A copy of the birth certificated dated 18 April 2001 is attached herein
as Annex "E."

5. Thus, petitioner has three birth certificates issued to her. One


which states that her name is ELLAINE DELA CRUZ, born to MARILYN
OPERIO DELA CRUZ and an unknown father, and two other birth
certificates which shows that her name is ELLEN DE LA CRUZ YORSUA,
born to MARILYN OPERIO DELA CRUZ and EDGAR CAPIO YORSUA.

6. As previously stated, petitioner’s mother, MARILYN OPERIO


DE LA CRUZ was previously married to said EDGAR CAPIO YORSUA.
However, on 2009 Marilyn and Edgar’s marriage were annulled.

7. Petitioner has never met EDGAR CAPIO YORSUA, as her


mother and the former were already separated when petitioner was just
three (3) years old.

8. However, from birth up to the present, petitioner has


consistently used the name ELLAINE DELA CRUZ. As proofs hereof are
the school records and her passport which indicates that the name used is
one ELLAINE DELA CRUZ.
A copy of petitioner’s school records is attached herein as Annex “F.”
A copy of petitioner’s passport is attached herein as Annex “G.”

9. Inorder to avoid confusion, and as petitioner is already


commonly known and has consistently used the name ELLAINE DELA
CRUZ from birth up to the present, petitioner desires to legally change or
confirm the use of the said name of ELLAINE DELA CRUZ.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court,
upon due notice and hearing, that judgment be rendered:

1. Allowing petitioner to continue the use of her name of ELLAINE


DELA CRUZ.
2. Cancel the birth certificates of petitioner dated 11 January 1996 and
16 April 2001 for being redundant or confusing.
3. Correct the entry on the birth certificate dated 25 November 1995 by
replacing the name ELLEN DE LA CRUZ YORSUA to ELLAINE
DELA CRUZ.

Other reliefs just and equitable are also prayed for.

Marikina City for Antipolo City, 13 January 2015.

APSSaT Law Office & Associates


CU01A Alicante Tower, Marquinton Condominiums,
Sumulong Hi-way cor. Toyota Avenue, Barangay
Sto. Niño, Marikina City
Email address: apssat.lawofc@yahoo.com
Telephone Nos. 504-8465

By:

ATTY. MOSES ELEAZAR B. PUA


PTR No. 1274764A; 1-17-2014; Rizal
IBP No. 0990278; 1-12-2015; Rizal
Roll No. 62637
MCLE Governing board No.1, series of 2008

ATTY. ANDRO JULIO L. QUIMPO


PTR No. 4234084; 1-07-2014; Makati City
IBP No. 0990277; 1-12-2015; Aklan
Roll No. 62553
MCLE Compliance N/A: Admitted to the Bar in 2013
Copy Furnish:

CITY CIVIL REGISTRY OFFICE ANTIPOLO CITY, RIZAL


1st Floor, Carigma Street, M.l. Quezon Corner, Antipolo, 1870 Rizal

OFFICE OF THE CITY PROSECUTOR - ANTIPOLO CITY


Hall of Justice, Sen Juan Lorenzon Sumulong Circle, Barangay San Jose,
Antipolo City, 1870, Rizal

OFFICE OF THE SOLICITOR GENERAL


6th floor Montepino Bldg Antonio Barredo Division, 138 Adelantado,
Legazpi Village, Makati, 1229 Kalakhang Maynila

EXPLANATION FOR SERVICE

Copy of the foregoing Petition was served thru personal service.

ANDRO JULIO L. QUIMPO