Republic of the Philippines
REGIONAL TRIAL COURT IN CITIES
11th Judicial Region
Branch 54
Davao City
IN THE MATTER OF THE CORRECTION SPC. PRO. NO. R-DVO-23-
OF THE ENTRIES CORRESPONDING TO 01397-SP
THE BIRTH RECORD OF MINOR ZAIRAH
CLOIE BANGOD AQUINO TO REVERT TO
THE USE OF THE SURNAME OF HER
ILLEGITIMATE MOTHER “BANGOD”, TO
REMOVE THE ANNOTATION IN HER
BIRTH RECORD CHANGING HER
SURNAME FROM “BANGOD” TO
“AQUINO”, AMONG OTHERS
ZAIRAH CLOIE BANGOD AQUINO,
Represented by her mother, SHERYL
MAE BANGOD ASANO,
Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF
DAVAO CITY, THE CIVIL REGISTRAR
GENERAL, PHILIPPINE STATISTICS
AUTHORITY (PSA), ALBERTO LOPEZ
AQUINO JR., and TO ALL OTHER
PERSONS/ENTITIES WHO/WHICH MAY
BE AFFECTED THEREBY,
Respondents.
x------------------------------------------x
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR
RECONSIDERATION OF THE ORDER DATED SEPTEMBER
24, 2024 AND MOTION FOR LEAVE OF COURT TO SERVE
SUMMONS TO THE DEFENDANT BY PUBLICATION
Petitioner, represented by her mother, SHERYL MAE BANGOD
ASANO, by counsel, most respectfully avers that:
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 1 of 7
NOTICE OF COMPLIANCE
1. On September 24, 2024, the undersigned counsel, through Atty.
Noribeth Bajenting who appeared in the said hearing by way of
special appearance, was directed by this Honorable Court to
follow-up with the Postal Office to determine whether or not
Alberto Lopez Aquino Jr. received a copy of the petition for
purposes of determining whether indeed Alberto Lopez Aquino Jr.
is properly impleaded or notified of the instant petition;
2. In compliance with the said order, the undersigned counsel made
several follow ups with the Postal Office in relation to Registry
Receipt No. RM 945 901 361 ZZ1 as regards the status of the
delivery of the copy of the petition to respondent Alberto Aquino
Jr.;
3. Unfortunately, based on the Certification dated October 9, 2024 2
by the Post Master, the delivery of the copy of the said petition to
Alberto Aquino Jr. was being returned to sender because the said
addressee is unknown at the given community;
MOTION FOR RECONSIDERATION
4. Be that as it may, the Petitioner through the undersigned counsel,
would like to move for a reconsideration of the said Order with
respect to the necessity of the actual receipt by respondent
Alberto Aquino Jr. in the determination of whether or not Alberto
Aquino Jr. is properly impleaded of the instant petition on the
ground that the publication is already deemed to cure one’s
failure to implead Alberto Aquino Jr. in the instant petition;
5. In the 2019 case of Republic vs. Manda3 involving a petition for the
correction of entries (citizenship of parents) in the birth
certificate of the petitioner therein under Rule 108 of the Rules of
Court, the Supreme Court recognizes, by way of exception to the
general rule, that failure to implead and notify the affected or
interested parties was cured by the publication of the notice of
hearing, thus:
“Indeed, it is true that in some cases, failure to
implead and notify the affected or interested
parties was cured by the publication of the notice
1
ANNEX A: Copy of the picture of Registry Receipt No. RM 945 901 361 ZZ
2
ANNEX B: Copy of the Certification dated October 9, 2024 by the Acting Postmaster
3
G.R. No. 200102, September 18, 2019
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 2 of 7
of hearing. In those cases, however, earnest efforts
were made by petitioners in bringing to court all
possible interested parties; the interested parties
themselves initiated the corrections proceedings;
when there is no actual or presumptive awareness of
the existence of the interested parties; or when a
party is inadvertently left out.” (Emphasis and
underlining ours)
6. In another recent 2020 case of Republic vs. Salome4, a case which
likewise involves the correction of the entries (name of the
father) in the birth certificate of the petitioner therein, the
Supreme Court reaffirms its recognition of the principle that
publication may be deemed to cure one's failure to implead
indispensable parties in a petition under Rule 108. It provides:
“In cases where publication may be deemed to cure
one's failure to implead indispensable parties in a
petition for correction of substantial entries in the
birth certificate, special circumstances must be
present to justify the non-inclusion of
indispensable parties, such as when earnest efforts
were made by petitioners in bringing to court all
possible interested parties; the interested parties
themselves initiated the corrections proceedings; there
was no actual or presumptive awareness of the
existence of the interested parties; or when the party
was inadvertently left out.” (Emphasis and underlining
ours)
7. In the instant case, earnest efforts were already made by the
petitioner in bringing all interested parties to court. As a matter of
fact, it is only Alberto Aquino Jr. who is not brought to court, for
reason that he (Aberto Aquino Jr.), despite being aware of the
instant petition, deliberately refuses to be present herein;
8. It has to be emphasized that as far as herein petitioner
remembers, she had only seen Alberto Aquino Jr. once in her life
even up to this date. Alberto Aquino Jr. has been an absentee
father and never provided any support to the herein petitioner;
9. Despite the absence of Alberto Aquino Jr. as a father, herein
petitioner still managed to contact her father through phone calls
and messenger application. Many times had she requested her
4
G.R. No. 234251, June 30, 2020
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 3 of 7
father regarding his consent in the change of her surname to that
of her mother by telling him (Alberto Aquino Jr.) that it is for her
(petitioner) best interest. Sadly, Alberto Aquino Jr. would impose
his condition that he would only allow the same if petitioner
would stay and sleep in his house in Amparo Village, Barangay
Ilang, Davao City every Fridays and Saturdays;
10. Obviously, for safety and personal reasons, petitioner could
not accede to that condition of her illegitimate father considering
the fact that they are not personally close and she is not
comfortable staying in her father’s house wherever that may be;
11. Petitioner’s mother, Sheryl Bangod Asano, likewise
requested for the consent of Alberto Aquino Jr. regarding the
change of the surname of herein petitioner. However, she would
be only met with an angry and unreasonable demand by Alberto
Aquino Jr. that before he would accede to the same, she should
first buy a real property from him considering that he is making a
living as a real estate agent;
12. In addition to petitioner’s phone and messenger requests to
her father regarding her desired change of surname, together with
the similar requests made by her mother to Alberto Aquino Jr., the
undersigned counsel likewise exerted efforts to notify Alberto
Aquino Jr. of the instant proceeding by first sending his messenger
to Amparo Village in Ilang to locate Alberto Aquino Jr.;
13. When the undersigned counsel’s messenger could not locate
Alberto Aquino Jr. in Amparo Village, Ilang, Davao City, the
undersigned counsel resorted to the mailing of the copy of the
petition to Alberto Aquino Jr. via registered mail as evidenced by a
copy of the Registry Receipt No. RM 945 901 361 ZZ 5 and the
Affidavit of Service6 executed by the undersigned counsel’s
messenger. Unfortunately, as alleged above, the postmaster could
likewise not locate Alberto Aquino Jr. in Amparo Village, Ilang,
Davao City;
14. Accordingly, the undersigned counsel tried to reach out to
Alberto Aquino Jr. through the mobile phone number provided by
petitioner’s mother;
15. On October 6, 2024, a Sunday, after several attempted calls
and text messages7 made by the undersigned counsel which
5
Supra.
6
ANNEX C: Copy of the Affidavit of Service dated October 8, 2024
7
ANNEXES D to D-2: Screenshot copy of the text messaging exchanges between the undersigned counsel
and Alberto Aquino Jr.
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 4 of 7
started as early as June 8, 2024, Alberto Aquino Jr. replied that he
is in Sarangani and he would not consent to the change of the
surname of petitioner. In the same text message, Alberto Aquino
Jr. was made aware of the instant petition and the hearing
scheduled on October 10, 2024. He was even requested by the
undersigned counsel his exact address so that he could be
furnished with a copy of the instant petition;
16. Considering that petitioner, through herself, her mother and
the undersigned counsel had exerted efforts to bring Alberto
Aquino Jr. to court, then it cannot be doubted that earnest efforts
were made by petitioner in bringing to court Alberto Aquino Jr., as
he was in fact already actually aware of the instant proceeding;
17. In view of the foregoing, petitioner is earnestly praying that
this Honorable Court reconsiders its September 24, 2024 Order
requiring the actual receipt of the copy of the petition by Alberto
Aquino Jr. and rather ruling that the publication of the notice of
hearing in the instant case be deemed to have cured whatever
defect in impleading Alberto Aquino Jr. in the instant case as
sanctioned in the Republic vs. Manda8 and Republic vs. Salome9;
MOTION FOR LEAVE OF COURT TO SERVE SUMMONS TO THE
DEFENDANT BY PUBLICATION
18. In the event that this Honorable Court finds that the efforts
made by the petitioner are still not enough to consider that the
publication of the notice of hearing is deemed to have impleaded
Alberto Aquino Jr. in the instant case, then petitioner would like to
move that she be allowed to serve summons to Alberto Aquino Jr.
by way of publication as sanctioned under Section 16, Rule 14 of
the Rules of Court, as amended10, which provides:
Section 16. Service upon defendant whose identity or
whereabouts are unknown. — In any action where the
defendant is designated as an unknown owner, or the
like, or whenever his or her whereabouts are
unknown and cannot be ascertained by diligent
inquiry, within ninety (90) calendar days from the
commencement of the action, service may, by leave of
court, be effected upon him or her by publication in a
newspaper of general circulation and in such places
and for such time as the court may order.
8
Supra.
9
Supra.
10
A.M. No. 19-10-20-SC 2019.
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 5 of 7
19. In the instant case, petitioner submits that the whereabouts
of the defendant is unknown considering that based on the
certification by the postmaster, he could not be located in his last
known address at Amparo Village, Ilang, Davao City. Likewise, the
text message exchanges that he made with the undersigned
counsel would show that he is in Sarangani for work but would
also go back to an undisclosed location in Davao. Practically, given
the very limited information of Alberto Aquino Jr.’s address, it
cannot be denied that from the point of view of the petitioner and
the undersigned counsel, his whereabouts is practically unknown;
20. In view of the aforesaid dilemma of the petitioner, it is most
respectfully prayed of this Honorable Court, that in the event that
the previous publication of the notice of hearing is not considered
by the Honorable Court as substantial compliance with the
jurisdictional requirement of impleading Alberto Aquino Jr., then
she be allowed to serve a copy of the petition to the latter via
publication in a newspaper of general circulation and in such
places and for such time as the court may order.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of
this Honorable Court that:
1. the instant Notice of Compliance be NOTED;
2. the instant Motion for Reconsideration of the Order dated
September 24, 2024 be GRANTED and rule that the publication of
the notice of hearing of the instant case is deemed to have cured
whatever defect in impleading Alberto Aquino Jr.; and
3. in the event that the Motion for Reconsideration of the Order
dated September 24, 2024 is not granted, this Honorable Court
will issue a ruling allowing herein Petitioner to be allowed to
serve a copy of the petition to the latter via publication in a
newspaper of general circulation and in such places and for such
time as the court may order.
Other reliefs just and equitable are likewise prayed for.
Respectfully submitted. Davao City, 9th day of October, 2024.
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 6 of 7
JAMES J. BERNAL
Counsel for the Petitioner
Roll No. 670341
IBP OR. No. 330474; 12/18/2023 for CY 2024; Davao City.
PTR No. 9426237; 01/03/2024; Davao City.
MCLE Compliance No. VII – 0021240;
Valid until April 14, 2025
Door 5, 3rd floor, VCS Bldg., Bolton Ext., Davao City
Tel. No. (082) 225-3601
NOTICE OF SUBMISSION/COPY FURNISHED
THE BRANCH CLERK OF COURT
Regional Trial Court
Branch 54
Davao City
PROS. ZORAIDA ZOZOBRADO
Office of the City Prosecutor
Davao City
Greetings!
Please take notice that the undersigned is submitting the
foregoing for the consideration of this Honorable Court immediately
upon receipt thereof, sans appearance.
JAMES J. BERNAL
Explanation:
Copy for the Respondent Alberto Aquino Jr. was done through
registered mail due to the distance, personnel and time constraints.
JAMES J. BERNAL
NOTICE OF COMPLIANCE WITH OMNIBUS MOTION FOR RECONSIDERATION AND LEAVE
OF COURT TO SERVE SUMMONS TO DEFENDANT BY PUBLICATION
Page 7 of 7
