Republic of the Philippines

Regional Trial Court

12th Judicial Region
Branch 15
Cotabato City

IN THE MATTER OF PETITION

FOR CANCELLATION OF THE FIRST
CERTIFICATE OF LIVE BIRTH OF
BAI ZAKIYAH AYLA M. RAYHAN
AND RETENTION OF SECOND
CERTIFICATE OF LIVE BIRTH

SDC. SPL. PROC. CASE_____

BAI ZAKIYAH AYLA M. RAYHAN,

Petitioner,
--versus-CIVIL REGISTRAR OF DAVAO CITY AND
ALL PERSONS/ENTITIES WHO/ WHICH MAY
BE AFFECTED THEREBY,
Respondents
x--------------------------------------------------------x
PETITION
PETITIONER, through the undersigned counsel , and unto this Honorable
Court, most respectfully avers that:

1. Petitioner is of legal age, Filipino , single and a resident of #5 Soledad

Sausa Street, Rosary Heights 13, Cotabato City, where she may be
served with summons, orders and other court processes, whereas
Respondent Civil Registrar (hereinafter LCR) is a public officer charged
with the function of registering personal records and status of persons
whose office is located at San Pedro Street, Davao City;Petitioner was
born on May 18, 1994 at Davao Doctors Hospital (DDH), Elpidio Quirino
Avenue, Davao City whose attending physician was Dr. Rizalina M.
Pangan, M.D.;

2. The Certificate of Live Birth Of Bai Zakiyah Ayla M. Rayhan was twice
registered with the LCR of Davao City -- May 26, 1994 and March 31,
2005 under Registry Numbers 94-10845 and 2005-10019, respectively;

3. The two Certificates of Live Birth were duly received for registration by the
Office of the Local Civil Registrar of Davao City on separate dates, both of
which pertained to the fact of birth of the herein Petitioner;

4. The petitioner came to know of the double registration of the said

Certificate of Live Birth at a time when her father, Abdul Jalil G. Rayhan,
requested the Medical Records Section of the Davao Doctors Hospital
(MRSDDH), Davao City, for the processing of such a document because
the petitioner would be needing it for record purposes;

5. Upon learning that the hospital could not provide the herein petitioner with
the needed document, the MRSDDH of the hospital then advised the
petitioners father to proceed to the Office of the Local Civil Registrar
Davao City in order to secure a Certificate of Live Birth for his daughter;

6. As per advise and instruction given to him by the hospital, Petitioners

father diligently and without delay complied with all the requirements for
the processing and issuance of petitioners Certificate of Live Birth before
the Respondent-LCR. Thus, the Respondent-LCR issued the Certificate
of Live Birth of Bai Zakiyah Ayla M. Rayhan and received by the LCR of
Davao City on March 31, 2005 with a stamp Late Registration;

7. At no time during the processing of their application for late registration

were they informed by the Respondent LCR of any existing defects or

inconsistencies recorded or registered before their office as would have

precluded the latter from issuing the subsequent Certificate of Live Birth;

8. However, when the petitioner subsequently requested for a security paper

of her Certifcate of Live Birth with the National Statistics Office (NSO)
Region XII Cotabato City, she discovered that there were two (2) existing
official records pertaining to her birth registered by the Office of the Local
Civil Registrar of Davao City ;

9. Upon close perusal and examination of the same, she learned that some
of the entries written in the first Certificate (Registry No. 94-10845)
contained material discrepancies and inconsistencies with the subsequent
Certifcate (Registry No. 2005-10019), particularly her first name appearing
in the two (2) Certicates of Live Birth ;

10. The double registration of the Certificates of Live Birth could not have
been attributable to the petitioner as she was neither remiss nor negligent
of her duties and obligations when her birth was recorded and registered
before the Respondent-LCRs office;

11. The Petitioner has been habitually and continuously using Bai Zakiyah
Ayla M. Rayhan in all her school records and she is publicly known with
that first name;

12. The name appearing in the May 26, 1994 Certifcate of Live Birth will only
cause confusion in her school records;

13. The petitioner hereby submits the following documents, to wit:

a. Machine copy of Certificate of Live Birth with Registry No. 94-10845

dated May 26, 1994, hereto attached and marked as ANNEX A;

b. Machine copy of Ce rtificate of Live Birth with Registry No. 200510019 dated March 31, 2005, hereto attached and marked as
ANNEX B;

c. Machine copy of Form 137 of EEMAN Institute of Cotabato City,

hereto attached and marked as ANNEX C;

d. Machine copy of certification issued by the schools principal of

Sero Central School, Cotabato City, hereto attached and marked as
ANNEX D;

e. Machine copy of her school identification card hereto attached and

marked as ANNEX E;

f. Machine copy of her NBI Clearance hereto attached and marked as

ANNEX F;
PRAYER

WHEREFORE, premises considered , it is most respectfully prayed before

the Honorable Court, after due notice and hearing, that an order be issued:

1. GRANTING the petition for cancellation of the first Certificate of

Live Birth with Registry No. 94-10845 dated May 26, 1994
issued by the LCR of Davao City; and

2. RETAINING the validity and legality of the second Certificate of

Live Birth with Registry No. 2005-10019 dated March 31, 2005
issued by the LCR of Davao City.

Other just and equitable reliefs are also prayed for.

Cotabato City, Philippines, December 17, 2013.

BAI ZAKIYAH AYLA M. RAYHAN

Petitioner
Assisted by:
FARID ESHWER C. DETICIO
Counsel for the Petitioner
Roll of Attorneys No. 58541
IBP No. 914420, 01-17-13, Q.C.
PTR No. 3806236, 01-18-13, Cotabato City
MCLE Compliance No. IV-0004626

VERIFICATION/CERTIFICATION
I, BAI ZAKIYAH AYLA M. RAYHAN, Filipino , single and a resident of #5
Soledad Sausa Street, Rosary Heights 13, Cotabato City, after having 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 for Cancellation
and I have read the contents thereof and affirm that the same are true and
correct based on my own personal knowledge and authentic documents;
3. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals or any other tribunal or
agency.
4. To the best of my knowledge, no such action or proceeding is pending
before the Supreme Court, the Court of Appeals, or the different divisions
thereof, or any other tribunal or agency;
5. If I should learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or the different
divisions thereof, or any other tribunal or agency, I undertake to inform this
Honorable Court of such fact within five (5) days from notice thereof.
Done, this 17th day of December 2013, in Cotabato City.

BAI ZAKIYAH AYLA M. RAYHAN

Affiant
SUBSCRIBED AND SWORN to before me this __________________, in
Cotabato
City,
Philippines.
Affiant
exhibiting
to
me
her
__________________________.

Doc.No___
Page No.____
Book No.____
Series of 2013