Republic of the Philippines

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
Tarlac City, Tarlac
Branch ___

IN THE MATTER OF THE

PETITION FOR THE
CORRECTION OF ENTRIES IN
THE MARRIAGE CONTRACT OF
MACARIO MAGDAY EUGENIO
UNDER REGISTRY NO. 325-D-74
OF THE CITY CIVIL REGISTRY
OFFICE OF TARLAC CITY,
TARLAC

MACARIO MAGDAY EUGENIO,

Petitioner
,

-versus- SPL. PROC. Case No. ____________

THE CITY CIVIL REGISTRAR OF

TARLAC CITY, TARLAC, CIVIL
REGISTRAR GENERAL, AND ALL
PERSONS/ENTITIES
WHO/WHICH MAY HAVE OR
CLAIM ANY INTEREST WHICH
WOULD BE AFFECTED THEREBY,
Respondents.
x--------------------------------------------x

PETITION

Petitioner MACARIO MAGDAY EUGENIO by and

through the undersigned counsel, unto this Honorable Court,
most respectfully states, that:

1. Petitioner is of legal age, Filipino, married to Lydia

O. Guiang, and a resident of Brgy. Mababanaba, San Jose,
Tarlac. Petitioner may be served with orders, summons and

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other court processes through the undersigned counsel with
office address at 2nd Floor, Jumel Building, 138 A.B.
Fernandez East, Dagupan City.

2. Respondent City Civil Registrar of Tarlac City is the

duly instituted office responsible for the civil registration
program in the local government unit pursuant to the Civil
Registry Law, the Civil Code, and other pertinent laws, rules
and regulations issued to implement them. It is in-charge of
the registration and cancellation/correction of entries in the
civil registry of Tarlac City, Tarlac where the fact of the
marriage of the said petitioner with Lydia O. Guiang was
registered. Its office is located at the City Civil Registar’s
Office, Tarlac City Hall, Brgy. Ligtasan Tarlac City, Tarlac,
Philippines where orders and other processes of the
Honorable Court may be sent thereat;

3. Respondent Civil Registrar General of the

Philippine Statistics Authority is the government agent
empowered to give orders and instructions to the Local Civil
Registrars with reference to the performance of their duties
as such, and its office is located at PSA Complex, East
Avenue, Diliman, Quezon City.

4. Respondent All Persons/Entities who/which may

have or claim any interest which would be affected by this
instant petition are parties in interest and are herein
impleaded in compliance with Section 3, Rules 108 of the
Rules of Court.

I. FACTUAL ANTECEDENTS

5. Petitioner was born on March 10, 1950 in the

Municipality of Mababanaba, Tarlac, Tarlac. A copy of a
Certification issued by the Office of the City Civil Registrar
of Tarlac City, Tarlac which states that the fact of birth of
petitioner appears in their Register of Birth is hereto
attached and marked as Annex “A”.

6. Petitioner was baptized A copy of petitioner’s

Baptismal Certificate issued by the United Methodist

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Church of Mababanaba, San Jose, Tarlac is hereto attached
as Annex “B”.

7. For the record, the parents of the petitioner,

namely Fermin A. Eugenio and Melchora M. Magday gave the
nickname “OSCAR” to the petitioner, for reasons unknown
to him. Thus, during the childhood of the petitioner, he was
accustomed to using “OSCAR” as his first name and his
family, friends and neighbors used to call him “OSCAR”.

8. When the petitioner attended school in

Mababanaba Elementary School, his father, Fermin enrolled
him with “OSCAR” as his first name. A copy of petitioner’s
Elementary Pupil’s Permanent Record issued by
Mababanaba Elementary School is hereto attached as
Annex “C”.

9. By these reasons, the petitioner was led to believe

that his true and correct first name was “OSCAR”. Thus,
when he married his wife Lydia O. Guiang in the Independent
Church of the Filipino Christians in Villa Aglipay, Tarlac,
Tarlac on March 24, 1974, he used the name “OSCAR” as
his first name. A copy of petitioner’s Marriage Contract
with Registry No. 325-D-74 issued by City Civil Registry of
Tarlac City is hereto attached as Annex “D”.

10. In 1989, the petitioner was invited by a relative to

work in Italy. Thus, he engaged the services of a recruitment
agency in Manila, who processed his application and
passport in his behalf. After receiving his passport and travel
documents from the said agency, he was able to go to Italy
for work.

11. In 1995, while he was in Italy,

together with his passport when the petitioner was

preparing his documents to work in Italy, he then discovered
that no birth certificate bore the name “OSCAR MAGDAY
EUGENIO”. Upon further verification with the Local Civil
Registrar of the Municipality of Tarlac, Tarlac Province with
his personal details, such as the name of his parents and his

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birth date, he then discovered that his true and correct
name is “MACARIO MAGDAY EUGENIO”.

11. Since then, the petitioner has been using his true
and correct first name, “MACARIO” in all his business and
official transactions, identifications, and records. When the
petitioner started working in Italy in 1990, he began using
his true and correct first name, “MACARIO” as reflected in
his Philippine Passport, Italian National ID Card
(Comune di Milano Carta d'Identità), and Italian Health
Insurance Card (Tessera Sanitaria). A copy of the
petitioner’s Philippine Passport, Italian National ID Card and
Italian Health Insurance Card are hereto attached as Annex
“E”, Annex “F” and Annex “G”, respectively.

12. During the petitioner’s employment in Italy until

his retirement in 2018, he has consistently used the name
“MACARIO MAGDAY EUGENIO” in his government
transactions and identification cards as reflected in his
Driver’s License, Voter’s Certification and Senior
Citizen ID Card, which are hereto attached as are hereto
attached as Annex “H”, Annex “I” and Annex “J”,
respectively.

II. CORRECTION OF ENTRIES IN THE MARRIAGE

CONTRACT OF PETITIONER UNDER REGISTRY NO. 325-
D-74 OF THE CITY CIVIL REGISTRY OFFICE OF TARLAC
CITY, TARLAC

13. Based on the facts stated above, in the Marriage

Contract of the petitioner and Lydia O. Guiang, the first
name of the petitioner was erroneously entered therein as
“OSCAR”. Furthermore, in said document, the petitioner
affixed his signature above the name “OSCAR M. EUGENIO”,
with the belief that “OSCAR” was truly his first name.

14. As a result, the personal details of the husband in

the subject Marriage Contract (Annex “E”) bore the following
information:

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 Contracting Parties : OSCAR M.
EUGENIO
Age : 24 yrs.
Nationality : Filipino
Residence : Mababanaba, Tarlac2

Single, widowed or divorced : single

Father : Fermin Eugenio
(D)
Nationality : Filipino
Mother : Melchora Magday
Nationality : Filipino
Witnesses : Solomon Jose
Residence : Iba, Tarlac, Tarlac
Persons who gave consent or
advice : Melchora Magday
Residence : Mababanaba, Tarlac2
Relation to contracting party : Mother

15. Similarly, the first name of the petitioner in the

certifications made by the contracting parties and the
solemnizing officer were erroneously entered therein as
“OSCAR”, to wit:

THIS IS TO CERTIFY – That I, Oscar M. Eugenio, and I,

Lydia O. Guiang, on the date and at the place above
given… xxx

And I, Fr. Laing B. Cabotaje, Parish Priest, certify that

on the date and at the place above written the aforesaid
Oscar M. Eugenio and Lydia O. Guiang were with their
mutual consent… xxx

Witness whereof, we signed (or marked with

fingerprint) this certificate in triplicate this 24 th day of
March, 1974

OSCAR M. EUGENIO LYDIA O. GUIANG

(Contracting Party) (Contracting Party)

16. To establish that Macario M. Eugenio and Oscar M.

Eugenio is one and the same person, the Birth Certificate
and the Baptismal Certificate of the petitioner, which show
that his true and correct first name is “MACARIO” indicates
that he was born on March 10, 1950, and his father and
mother were Fermin Eugenio and Melchora Magday,

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respectively. On the other hand, the petitioner’s Elementary
Pupil’s Permanent Record and Marriage Contract which
erroneously show that his first name is “OSCAR” also
indicates that he was born on March 10, 1950, and his
parents/father and mother were Fermin Eugenio and
Melchora Magday, respectively.

17. To further establish this fact, the petitioner is

attaching an Affidavit of Two Disinterested Persons,
executed by __________ and ___________, who are longtime
friends and acquaintances of the petitioner as Annex “L”.

18. To demonstrate good faith and bona fide intention

to correct his first name, the petitioner, upon discovering
that his true and correct first name is “MACARIO,” has
consistently used the same in all business and government
transactions, as well as in identifications and records, as
evidenced by his Philippine Passport, Italian National ID
Card, Italian Health Insurance Card, Driver’s License, Voter’s
Certification and Senior Citizen ID Card.

19. In order to show that Petitioner has no pending

criminal case and that he has no criminal record, herein
Petitioner submits a copy of his NBI Clearance, hereto
attached as Annex “K”.

20. Under Section 1, Rule 108 of the Rules of Court,

“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
the cancellation or correction of any entry relating thereto,
with the Court of First Instance [now Regional Trial Court] of
the province where the corresponding civil registry is
located”.

21. Likewise, Section 2 of the same Rule provides that

“upon good and valid grounds, the following entries in the
civil register may be cancelled or corrected: (a) births; (b)
marriage… xxx.”

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 22. Parenthetically, this petition is being filed before
the Honorable Regional Trial Court of Tarlac City, Tarlac as it
is the Regional Trial Court having territorial jurisdiction over
the City Civil Registry Office of Tarlac City, Tarlac where the
fact of petitioner’s marriage with Lydia O. Guiang was
registered, as shown in their Marriage Contract.

23. In view of the foregoing and for good cause,

Petitioner prays unto this Honorable Court that the entries in
the Marriage Contract of the petitioner and Lydia O. Guiang,
particularly his first name, be changed and corrected from
“Oscar” M. Eugenio to “Macario” M. Eugenio.

PRAYER

WHEREFORE, it is most respectfully prayed of this

Honorable Court that this instant Petition be GRANTED, and
that an Order be issued directing the respondent City Civil
Registry Office of Tarlac City, Tarlac to correct the first name
of the Petitioner as entered in his Marriage Contract dated
March 24, 1974, particularly from “Oscar” M. Eugenio to
“Macario” M. Eugenio.

Other just and equitable reliefs under the premises are

similarly prayed for.
Dagupan City for Tarlac City, Tarlac. January 15, 2025.

THE LAW OFFICES OF FABIA AND PARTNERS

Counsel-for-the-Petitioner
2/F Jumel Building, 138 A.B. Fernandez East, Dagupan City
Phone: 0943-594-0763 / Email: [email protected]
By:

ATTY. CHRISTIAN ERNEST C. BIAGTAN

Attorney’s Roll No. 81430
IBP No. 273693, 01-06-2023; Pangasinan Chapter
PTR No. 2968862, 01-06-2023; Mangaldan, Pangasinan
MCLE Compliance Excused, per to MCLE Governing Board
Order No. 1, s. 2008
Phone: 0945-491-3155 / Email: [email protected]

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Copy Furnished:

THE MUNICIPAL CIVIL REGISTRAR

OF THE MUNICIPALITY OF MANGALDAN
Municipal Civil Registar’s Office,
Mangaldan Municipal Hall, Rizal Ave.,
Mangaldan, Pangasinan

PHILIPPINE STATISTICS AUTHORITY

CENTRAL OFFICE
PSA Complex East Ave.,
Diliman, Quezon City

CIVIL REGISTRAR GENERAL OF THE

PHILIPPINE STATISTICS AUTHORITY
12th Floor, ETON Centris Cyberpod Five
EDSA corner Quezon Avenue,
Diliman Quezon City

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village
Makati City 1229 Philippines

OFFICE OF THE PROVINCIAL PROSECUTOR

Hall of Justice Bldg., Bonuan, Tondaligan Road,
Bonoan Gueset, Dagupan City, Pangasinan

III. DOCUMENTARY EXHIBITS FOR THE PETITIONER

Exhibit “A” – Baptismal Certificate of Petitioner

Maria Cristina F. Cendaña issued by the Epiphany of Our Lord
Parish in Lingayen, Pangasinan

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 Purpose: To prove that the Petitioner was born on July
30, 1982 in Lingayen, Pangasinan

Exhibit “B” – Marriage Contract of the parents of

Petitioner Maria Cristina F. Cendaña
Purpose: To prove the marriage between Edgardo S.
Cendaña and Remenata V. Fontanilla, the parents of the
Petitioner.

Exhibit “C” – Certificate of Live Birth of Petitioner

Maria Cristina F. Cendaña with Registry No. 13-25
Exhibit “D” – Certification of Registration of Birth
of Petitioner Maria Cristina F. Cendaña issued by the Office
of the Civil Registrar of Lingayen, Pangasinan;
Purpose: To prove that the Petitioner’s fact of birth was
timely and duly recorded in the Office of the Civil Registrar
of Lingayen, Pangasinan

Exhibit “E” – Certificate of Live Birth of Petitioner

Maria Cristina F. Cendaña issued by the Philippine Statistics
Authority (PSA)with Registry No. 1148 (H-PC);
Purpose: To prove that another registration of birth
pertaining to the Petitioner is recorded in the Office of the
Municipal Civil Registrar of Mangaldan, Pangasinan.

Exhibit “F” – Certification from Mangaldan Central

School dated August 8, 2023;
Exhibit “G” – Secondary Student’s Permanent
Record of Petitioner Maria Cristina F. Cendaña from
Mangaldan National High School;
Purpose: To prove that the Certificate of Live Birth with
Registry No. 13-25 was used for Petitioner’s education and to
prove that Petitioner has been using her first name “Maria
Cristina”.

Exhibit “H” – Member Data Record of Petitioner

Maria Cristina F. Cendaña from Philippine Health Insurance
Corporation (PhilHealth);
Exhibit “I” – Member Data Sheet of Petitioner Maria
Cristina F. Cendaña from Social Security System (SSS);

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 Purpose: To prove that the Petitioner has been using
her first name “Maria Cristina” for her governmental
transactions.

Exhibit “J” – NBI Clearance of Petitioner Maria

Cristina F. Cendaña;
Exhibit “K” – Police Clearance of Petitioner Maria
Cristina F. Cendaña;
Purpose: To prove that the Petitioner has no pending
administrative, civil, or criminal case or record.

Exhibit “L” – Employment/Service Record of

Petitioner Maria Cristina F. Cendaña issued by her employer
Pangasinan State University – Bayambang Campus;
Exhibit “M” – Professional Identification Card of
Petitioner Maria Cristina F. Cendaña issued by the
Professional Regulation Commission (PRC);
Exhibit “N” – Unified Multi-Purpose ID of Petitioner
Maria Cristina F. Cendaña issued by Social Security System
(SSS);
Purpose: To prove that the Petitioner has been using
her first name “Maria Cristina” for her governmental and
employment transactions and for her identification.

Exhibit “O” – Clearance Form of Petitioner Maria

Cristina F. Cendaña, issued by her employer, Pangasinan
State University– Bayambang Campus;
Purpose: To prove that the Petitioner has no pending
administrative, civil, or criminal case or record.

Exhibit “P” – Affidavit of Two Disinterested

Persons stating that Edgar Cendaña and Edgardo S.
Cendaña is one and the same person;
Exhibit “Q” – Affidavit of Two Disinterested
Persons stating that Remerata V. Fontanilla and Remenata
V. Fontanilla is one and the same person;
Purpose: To prove the identity of the parents of the
petitioner in accordance with petitioner’s Certificate of Live
Birth with Registry No. 13-25.

IV. WITNESSES TO BE PRESENTED

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 1. MARIA CRISTINA CENDAÑA GAMO – to prove
that she is the Petitioner in this case; that she was born in
Lingayen, Pangasinan as evidenced by pertinent documents;
to identify documents relative to this case, and to prove
other matters essential to prove his case.

2. EDGARDO S. CENDAÑA – to prove that she is the

father of the Petitioner in this case; that he had caused the
erroneous registration of Petitioner’s fact of birth in the
Municipal Civil Registrar of Mangaldan, Pangasinan; to
identify documents relative to this case, and to prove other
matters essential to prove the Petitioner’s case.

3. REMENATA F. CENDAÑA – to prove that she is

the mother of the Petitioner in this case; that she gave birth
to the Petitioner in Lingayen, Pangasinan; to identify
documents relative to this case, and to prove other matters
essential to prove the Petitioner’s case.

4. THE MUNICIPAL CIVIL REGISTRAR OF

MANGALDAN, PANGASINAN – to prove that the Certificate
of Live Birth with Registry No. 1148 (H-PC) was recorded in
this office.

REPUBLIC OF THE PHILIPPINES )

DAGUPAN CITY ) S.S.

VERIFICATION AND CERTIFICATION

I, MARIA CRISTINA F. CENDAÑA, of legal age, Filipino,

married and a resident of 405 Tambac, Malasiqui, Pangasinan,

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after having been sworn to in accordance with law, hereby
depose and state:

1. That I am the Petitioner in the above-entitled case;

2. That I have caused the preparation and filing of the

foregoing Petition, and I have read all the contents and
allegations thereof which are true and correct based on my
personal knowledge and authentic documents;

3. I also attest and verify that this Petition is not filed to

harass, cause unnecessary delay, or needlessly increase the cost
of litigation of this action, and that the factual allegations herein
have evidentiary support, or if specifically so identified, will
likewise have evidentiary support after a reasonable opportunity
for discovery; and

4. Lastly, I certify that no other action nor proceeding

involving the same parties, cause of action and subject matter is
currently pending before the Supreme Court, Court of Appeals, or
in any other courts, tribunal or agency. Should I later learn that a
similar action or proceeding which involves the same parties,
cause of action and subject matter had been filed or is pending
before the Supreme Court, Court of Appeals, or in any other
courts, tribunal or agency, I shall undertake to inform the
Honorable Court within a period five (5) days from notice thereof.

IN WITNESS WHEREOF, I hereunto affix my signature this

7 day of November, 2023 in Dagupan City, Philippines.
th

MARIA CRISTINA F. CENDAÑA

Affiant

SUBSCRIBED AND SWORN TO before me this this 7th day

of November, 2023 in Dagupan City, Philippines, affiant exhibiting
to me her Unified Multi-Purpose ID with CRN-021-1122-2911-8
and I hereby certify that I personally examined the affiant herein
and that I am fully satisfied that she voluntarily executed the
foregoing petition and understood all the contents and
allegations thereof.

Doc. No.
Book No.
Page No.
Series of 2023

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