REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 43, BACOLOD CITY
RE

PETITION TO ESTABLISH FILIATION

BETWEEN AKO TONTO a.k.a
AKO GU-AN y TONTO AND HIS BIOLOGICAL
FATHER SIGE GU-AN y BORJA WITH PRAYER
FOR CHANGE OF NAME IN PETITIONERS
CERTIFICATE OF LIVE BIRTH FROM AKO
TONTO TO AKO GU-AN y TONTO

AKO TONTO a.k.a. AKO GU-AN y TONTO,

Represented by his mother and guardian,
GINA TONTO y PINAGUAN
Petitioner
-versusSIGE GU-AN y BORJA
LOCAL CIVIL RESGISTRAR OF BACOLOD CITY
Respondent
x------------------------------------x
PETITION
COMES NOW,
the Petitioner represented by
his mother and guardian, through the Undersigned Counsel,
and unto the Honorable Regional Trial Court, most
respectfully submit this Petition, to wit:
1. The Petitoner in the present case is sixteen year old AKO
TONTO a.k.a AKO GU-AN y TONTO, represented by his
mother and guardian, GINA TONTO y PINAGUAN Filipino
and presently residing at Lot 6, Blk. 9, Saturn Street,
Brgy. Kalipaton, Bacolod City, Negros Occidental,
Philippines, where he may be served with summons,
notices and other court processes;

2. Respondent SIGE GU-AN y BORJA is of legal age, Filipino,

Married and presently residing at 18 th Avenue, Cancer
Street, Gardenville 4, Brgy. Malasakiton, Bacolod City,
Negros Occidental, where he may be served with
summons, notices and other court processes;
3. Respondent LOCAL CIVIL REGISTRAR OF BACOLOD CITY
is the custodian of records of birth, marriage and death
within the jurisdiction of the City of Bacolod, Negros
Occidental and may be served with summons, notices and
court processes at the New Government Center, Bacolod
City, Negros Occidental;
4. Petitioners mother, Gina Pinaguan Tonto (hereinafter
referred to as Tonto) was previously in an intimate
relationship
with
Respondent
Sige
Borja
Gu-an
(hereinafter referred to as Respondent Gu-an) in the
years 1995-2000. The relationship blossomed as
evidenced by a letter (ANNEX A) dated 14th of February
1999, written in the handwriting of the Respondent Gu-an
himself with a promise of marriage with Tonto;
5. The cherished relationship resulted to Tontos pregnancy.
Tonto found out that she was four months pregnant and
immediately informed the respondent of the incident, in
which the latter exhibited excitement and glee in a letter
(ANNEX B) written dated 19th of January 2000. It was
the last time that Tonto heard from the respondent up to
her delivery;
6. On May 10, 2000, Tonto gave birth to Ako Gu-an y Tonto
at The Doctors Hospital Inc., Bacolod City, copy of his
Certificate of Live Birth and Hospital Certificate are hereto
attached as ANNEX C and D respectively;
7. With income not sufficient to support the budding child,
Tonto called the residence of the respondent but with no
avail to talk to him. Left with no choice, Tonto went to the
Barangay of which respondent was a resident to ask for
assistance. It is only when Respondent Gu-an wrote a
letter dated 18th of August 2000 (ANNEX E) to obligated

himself to give her financial support in the amount of

P1,000 on the fifteenth and thirtieth days of each month
for a total of P2,000 beginning September 15, 1999;
8. Respondent Gu-an was only able to send in money twice
to Tonto as evidence by Palawan Express Pera Padala
Receive Money Form (ANNEX F and G). In which was
in contrary to the written promise made on August 18,
2000 to send in monthly financial support;
9. Acting on fear that her child will be an object of laughter,
Tonto used the respondents last name in the Baptismal
Certificate (ANNEX H) of her son issued by Parish;
10. Petitioner has used AKO GU-AN y TONTO since baptism
until he reached school age. Proof of which are the
following pertinent documents, to wit:
a.Certificate of Primary Education completion issued
by the Education and Training Center School III,
Bacolod City (ANNEX I), and
b. Certificate of Secondary Education completion
issued by the Negros Occidental High School, Special
Science Class, Bacolod City (ANNEX J).
11. On petitioners seventh birthday, Respondent Gu-an
was able to send in his bicycle gift (ANNEX K) through a
delivery made by LBC Express Inc., the only gift Petitioner
received from his father. After such, nothing was heard or
received from Respondent Gu-an;
12. In order to set his records straight and to avoid further
confusion, Petitioner AKO GU-AN y TONTO represented by
his mother and guardian GINA TONTO y PINAGUAN PRAYS
BEFORE THIS Honorable Court to judicially establish his
filiation to Respondent Gu-an as his father and further
correct the entries in his Certificate of Live Birth
particularly his name from AKO TONTO to AKO GU-AN y
TONTO.
PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed before this Honorable Court that after due notice and
hearing, render judgment granting Petition as follows:
(1)

To
JUDICIALLY
ESTABLISH
filiation
between
Petitioner Petitioner Ako Tonto a.k.a Ako Gu-an y
Tonto ans Sige Gu-an y Borja as the formers father
and consequently, ISSUE an Order directing the Local
Civil Registrar of Bacolod City to correct Petitioners
name from AKO TONTO to AKO TONTO GU-AN and
his fathers name to SIGE BORJA GU-AN.

Petitioner further prays for such other reliefs just and

equitable under the premises.

MOST RESPECTFULLY SUBMITTED.

Bacolod City, Philippines. November 26, 2016

MATA LINO LAW OFFICE

Counsels for the Complainant
Rm. 143 88/F Amenorrhea Building
180 Avenue Plazuela, Bacolod City
By:
JOSE MARIA S. SERYOSO
IBP No, 693095:1-04-07:B.C.
PTR No. 18909595:1-04-07:B.C.
MCLE Compliance No. IV-006249163-8-69-17
Roll of Attorneys No. 42481:5-10-97: Manila

VERIFICATION and CERTIFICATION

I,
Filipino
having
depose

GINA PINAGUAN TONTO, of

legal
age, single,
and a resident of Bacolod City, Philippines, after
been duly sworn in accordance with law, hereby
and say:

1. I am the mother, representative and guardian of,

AKO GU-AN y TONTO, a minor and the named
petitioner in the above-entitled case;
2. That I have caused
foregoing complaint;

the

preparation

of

the

3. That I have read all the allegations made in the

said complaint and found them to be true and
correct of my own personal knowledge and belief
and based on authentic documents in my
possession;
4. That 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; and
5. That If I should thereafter learn that a similar action
or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact
within five (5) days therefrom to this Honorable
Court.

_______________________
GINA PANAGUAN TONTO
Petitioner

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 26th day of November, 2016 at Bacolod
City, Philippines.

SUBSCRIBED AND SWORN to before me this ____

day of November, 2016 at Bacolod City, Philippines the
affiant exhibiting to me his Government Issued ID
_______________________________ issued at Bacolod
City on _______________.

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

_____;
_____;
_____;
2016.

NOTARY PUBLIC
ATTY. KIMIDORA GOCONG-CHU
PTR No. 987653 July 30, 2017
IBP No. 7887245 April 16, 2017
MCLE Compliance No. IV-006249163-8-69-17
SC Roll No. 52497