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Petition already filed in court but still cannot grant correction

3 posters

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jaycee


Arresto Menor

Hi! I'm new in this forum. Appreciate very much if you can find time to answer this post. I already filed petition for the correction of my birth date. It has been a couple of years now since I filed for the petition. I was asked to make publication for 3 consecutive weeks in a newspaper chosen by the court. I together with my lawyer already attended a hearing and an ex parte. During the most recent hearing, I was asked to produce a document which will prove that I was born the year before the one reflected on my NSO copy in order that my petition will be granted. I don't think this will be possible anymore as I already presented all my legal documents in court and the clinic where I was born no longer exist. My point here is that isn't the 3 wks publication with no contest and an ex parte hearing enough to grant my petition? Thanks!

attyLLL


moderator

you really should discuss this with your lawyer. but just to give a quick answer, no, publication and no contest is not sufficient. the purpose of that is just to give notice of your petition, but you still have to prove your allegations with evidence.

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jaycee


Arresto Menor

Thanks a lot for your reply. How about the ex parte? Isn't it significant? I sensed the judge's apprehension to decide when he learned that an ex parte hearing was conducted. It seems this leaves me hopeless, the judge actually encouraged me to use the wrong birthdate reflected on NSO's certificate and have all my other documents changed. However, will it require another court proceeding to have the birthdate on my marriage certificate changed? Or an affidavit will suffice? (I asked it to them but it seems they are not that well informed with the procedure) I am a female and I understand that marriage certificate is a required legal document for married women.

attyLLL


moderator

jaycee, i am uncomfortable answering your queries because it is unethical for us to comment extensively on a case when you are represented by your own counsel. note that your lawyer has more knowledge than we do.

the judge may be apprehensive because you were not able to provide good evidence of your correct date of birth. unfortunately, you may have to file another petition to correct your marriage certificate if you will follow the date of birth on the birth certificate.

on the other hand, this will may just be an issue if you apply for a passport immigration and your documents closely scrutinized. it will not affect the validity of your marriage.

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jaycee


Arresto Menor

Thanks again, Atty. Appreciate very much your reply. Apologies, if I made you uncomfortable with my queries. It's just that I was very frustrated with how things turned out and unfortunately they could not provide me with the answers I need.
More power to your site. You are helping a lot of Filipinos here.

renanlumauig


Arresto Menor

Hi,

May I ask if someone here can recommend a Legal Counsel for me regarding my Birth Certificate Correction problems.

I havent filed any petition yet in Local Civil Registry Office. But I already approached them, unfortunately their answers and information are very demoralizing. I want to ask expert advise regarding this concern, of course from an attorney so I opted to post in this forum.

Please assist me on this matter.

Thank you.

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