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REPUBLIC OF THE PHILIPPINESFIRST JUDICIAL REGION

REGIONAL TRIAL COURTBaguio 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 Entriesunder Rule 108 and Change of Surname under 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.

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JUDICIAL AFFIDAVIT OF DIVINA   TATUM

I, Divina Munsayac Tatum, of legal age, single, and a resident of 8-D Private Road, Magsaysay Avenue, Baguio City, legal representative and biological mother of petitioner in this case, state under oath the following:

PRELIMINARY STATEMENT

The person examining me is Atty. Jan Michael G. Limmayog with address at Barrako Law Offices, 69 Bokawkan Road, Brgy. Dizon Subdivision, Baguio City. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. Moreover, I attest that the copies or reproductions attached to my affidavit are faithful copies or reproductions of the original.

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PURPOSE: This affidavit of Divina Tatum is being offered to prove that the Certificate of Live Birth under Registry No. 2004-112 of her minor son Jonggo Lloyd Tatum (aka Jonggo Lloyd Tatum Martinez), petitioner in this case, contains substantial errors necessitating correction and change, specifically on entries concerning his parentage, surname, legitimacy, and other details. On these points, Divina Tatum will prove that:

1. She is presently unmarried, and was never married to private respondent Domingo Lloyd Martinez. As such, Entry Number 24 regarding the date and place of marriage is erroneous as no such event ever took place;

2. The paternity of petitioner is unknown. Hence, the entries pertaining to the father of the child in the Certificate of Live Birth, particularly Entries Number 7, 8, 9, and 11-a are uncertain and thus inaccurate;

3. Petitioner’s surname is “Tatum” and not “Martinez” under Entry Number 3;

4. Petitioner has an illegitimate status under Entry Number 23;

5. Her residence was and has always been at 8-D Private Road, Magsaysay Avenue, Baguio City and not at Roman Ayson Road, 12 Sixto Gaerlan St., Baguio City, as is seen in Entry Number 2-c.

Divina Tatum’s testimony is also offered to prove the legal basis for the correction of the entries and change of surname in the Certificate of Live Birth of herein petitioner, the same containing substantial errors.

1. Q. For the record, please state your name and personal circumstances.

A. My name is Divina Munsayac Tatum, 34 years old, Single, and a resident of 8-D Private Road, Magsaysay Avenue, Baguio City

2. Q. Are you the same Divina Tatum, the legal representative of the petitioner in this case?

A. Yes, I am.

3. Q. Do you know a certain Atty. Domingo Lloyd Martinez?A. Yes. He is my ex-boyfriend.

4. Q. Is he the same Domingo Lloyd Martinez named as the private respondent?

A. Yes, he is.

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5. Q. How did you meet him?A. I met him at EX University when I was a graduating student. I was

18 years old then. He was my professor in one of my subjects.

6. Q. And how old were you when he became your boyfriend?A. I was 19 years old when I agreed to be his girlfriend.

7. Q. Excuse me for asking, but have you had sexual intercourse with him? A. Yes, on several occasions. It started when he was courting me, but

our sexual relations stopped when I broke up with him.

8. Q. During the existence of your relationship with the private respondent, have you had any sexual relations with other men?

A. Yes. As ashamed as I am to admit, I’ve had multiple sexual partners at that time.

9. Q. How many times did you get pregnant? A. I got pregnant just once.

10. Q. When and how did you find out that you were pregnant?A. I was experiencing nausea and vomiting, and I also stopped

menstruating for 3 months, so I went to an OB-Gyn clinic and had a pregnancy test. The test showed a positive result. I was 20 years old back then, just after my graduation.

11. Q. Did your ex-boyfriend know about your pregnancy at that time?A. Yes, he did. I told him about it. He felt really elated because he

believed that it was his child. However, I admitted to him that I have been unfaithful to him and that I have been highly promiscuous during our relationship.

12. Q. How did he react to that?A. He was very sad and angry. However, he still forgave me for it and

wanted to take responsibility for the child. He then asked me to marry him.

13. Q. How did you react to that?A. Because of my shame, guilt, and pride, I refused to marry him and

decided to break up with him. I felt like I did not deserve such a man as him.

14. Q. So you never got married to him or anyone?A. Never.

15. Q. What proof do you have for what you say?A. I obtained a Certificate of No Marriage from NSO Baguio City in 2014.

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16. Q. Is this the document you are referring to? (Shows the copy of the Certificate of No Marriage)

A. Yes. That is the copy issued to me by NSO Baguio City.

17. Q. I am marking this Certificate of No Marriage as Exhibit “____” and attaching it to your Judicial Affidavit. Do you confirm my action?

A. Yes.

18. Q. When you gave birth to your son, did you and private respondent both assume that the latter was the father of the child?

A. No, because I made it clear between us that the father of the child is unknown and that we are not to give my son the impression that Domingo is his father.

19. Q. Haven’t you applied for your son’s registration with the Local Civil Registry right after he was born?

A. No, I forgot. However, I was about to apply for it when my son was 2 years old. But then, Domingo told me that he already had the child registered with the Local Civil Registry of Baguio City.

20. Q. Did you try to verify this? A. Yes. I went to the Local Civil Registrar and made an inquiry.

Thereafter, I went to the NSO and was given a copy of my son’s Certificate of Live Birth.

21. Q. Is this the Certificate of Live Birth that you are referring to earlier? (Shows the copy of the Certificate of Live Birth)

A. Yes.

22. Q. I am marking this Certificate of Live Birth as Exhibit “____” and attaching it to your Judicial Affidavit. Do you confirm my action?

A. Yes.

23. Q. Are you saying that there are inaccuracies in your son’s Certificate of Live Birth which need to be corrected?

A. Yes.

24. Q. Could you specifically point out in this Certificate of Live Birth the errors that need to be corrected?

A. Yes. Entry 2-c on Mother’s Residence. Entry 3 on Child’s Name. Entry 7 on Father’s Name. Entry 8 on Father’s Nationality. Entry 9 on the Age of the Father at the time of birth of the child. Entry 11-a on the Occupation of the Father. Entry 24 on the Date and Place of Marriage of Parents of the Child. And Entry 23 on legitimacy.

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25. Q. I am marking the respective entries in the Certificate of Live Birth as Exhibits “___-1” for Entry 2-c, “___-2” for Entry 3, “___-3” for Entry 7, “___-4” for Entry 8, “___-5” for Entry 9, “___-6” for Entry 11-a, “___-7” for Entry 24, and “___-8” for Entry 23. Do you confirm?

A. Yes, I confirm.

26. Q. Do you have any other proof that you are a resident of 8-D Private Road, Magsaysay Avenue, Baguio City and not at Roman Ayson Road, 12 Sixto Gaerlan St., Baguio City?

A. Yes. My Voter’s ID issued by the COMELEC and my Barangay Residency Certificate all show that I’ve always been a resident of 8-D Private Road, Magsaysay Avenue, Baguio City.

27. Q. Is this your Voter’s ID? (Shows petitioner’s Voter’s ID).A. Yes it is.

28. Q. I am marking this Voter’s ID as Exhibit ____. Do you confirm?A. Yes.

29. Q. Is this your Certificate of Residency from your Barangay? (Shows Divina Tatum’s Barangay Residency Certificate)

A. Yes it is.

30. Q. I am marking this Certificate of Residency from your Barangay as Exhibit ___. Do you confirm?

A. Yes.

31. Q. Can you prove that your son, herein petitioner, has been a resident of Baguio City for the past 3 years prior to the filing of the petition?

A. Yes. With my son’s Certificate of Residency from our Barangay.

32. Q. Is this the petitioner’s Certificate of Residency from your Barangay? (Shows petitioner’s Barangay Residency Certificate)

A. Yes it is.

33. Q. I am marking this Certificate of Residency from your Barangay as Exhibit ___. Do you confirm?

A. Yes.

34. Q. Do you have proof to show that petitioner has always used the surname “Tatum”, and not “Martinez”?

A. Yes, I have several. First, my son’s Certificate of Residency from our Barangay clearly states that he has always been known to bear the surname “Tatum” and not “Martinez”. Second, my son’s most recent school records, namely his last enrollment certificate and certificate of graduation clearly state his name as Jonggo Lloyd Tatum.

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35. Q. Is this the entry on petitioner’s Barangay Residency Certificate which you are referring to? (Points at the second paragraph of the Barangay Residency Certificate of petitioner)

A. Yes, exactly.

36. Q. I am marking this paragraph herein as Exhibit ___-1. Do you confirm?

A. Yes.

37. Q. Are these the school records issued by Kalalaingan Elementary School, a public school, which you were referring to earlier? (Shows the Certificate of Enrollment and Certificate of Graduation)

A. Yes.

38. Q. I am marking these respectively as Exhibits ____ and ____. Do you confirm?

A. Yes.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January 2016 at Baguio City.

Divina Munsayac Tatum Affiant

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SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Baguio this 25th day of January 2016. Affiant personally came and appeared with PRC ID License No. 118842345 issued by the Professional Regulation Commission on January 12, 2013 at Baguio City, bearing her photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Lavignia Z. Natik-ulanNotary Public Baguio CityRoll No, 43232IBP No. 176199 05-11-2015 Baguio CityPTR No. 6112345 0-15-2015 Baguio CityMCLE Comp Cert. No. 777813 08-05-2015

Doc. No. __________Page No. _________Book No. _________Series 2013

ATTESTATION

I, JAN MICHAEL G. LIMMAYOG of legal age, Filipino, single, with office address at Barrako Law Offices, 69 Bokawkan Road, Brgy. Dizon Subdivision, Baguio City, on oath depose and state that:

1. I was the lawyer who conducted the examination of the witness DIVINA MUNSAYAC TATUM at my aforementioned office in Baguio City;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave;

3. I nor any other person then present or assisting her coached the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January 2016 at the City of Baguio.

ATTY. JAN MICHAEL G. LIMMAYOG

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SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Baguio this 25th day of January 2016. Affiant personally came and appeared with PRC ID License No. 16171819 issued by the Professional Regulation Commission on December 8, 2013 at Baguio City, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Lavignia Z. Natik-ulanNotary Public Baguio CityRoll No, 43232IBP No. 176199 05-11-2015 Baguio CityPTR No. 6112345 0-15-2015 Baguio CityMCLE Comp Cert. No. 777813 08-05-2015

Doc. No. __________Page No. _________Book No. _________Series 2016

Copy furnished:

Domingo Lloyd Martinez

Civil Registrar of Baguio City

Civil Registrar General of the Philippine Statistics Authority

Solicitor General

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EXHIBIT “____”

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EXHIBIT “____”

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EXHIBIT “___”

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EXHIBIT “____”

Republic of the Philippines

Province of BenguetBaguio City

BARANGAY PRIVATE ROADPhilippines

CERTIFICATE OF RESIDENCY/ BARANGAY CLEARANCE

To whom it may concern:

THIS IS TO CERTIFY that Ms. Divna Munsayac Tatum, 34 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 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 25th day of January, 2015 at Barangay Private Road, Baguio City.

MARSE A. HUMALIMAWPunong Barangay

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EXHIBIT “____”

Republic of the PhilippinesProvince of Benguet

Baguio CityBARANGAY 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 55th day of January, 2015 at Barangay Private Road, Baguio City.

MARSE A. HUMALIMAWPunong Barangay

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EXHIBIT “____”

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EXHIBIT “____”