Republic of the Philippines

Regional Trial Court

11th Judicial Region
Branch 19
Digos City, Davao del Sur

IN THE MATTER OF CORRECTION SPECIAL PROC. NO.

OF ERRONEOUS ENTRIES AS 2742-2742-A
APPEARING IN THE CERTIFICATE
OF MARRIAGE OF DANNY ODUO
AND TERESITA ANDAY UNDER
REGISTRY NUMBER 84-285 AND
AND CORRECTION OF ERRONEOUS ENTRIES
AS APPEARING IN THE CERTIFICATE OF
LIVE BIRTH OF DANNY BULOD UDOU
UNDER REGISTRY NUMBER 2004-645
BOTH IN THE LOCAL CIVIL REGISTRAR OF
STA. CRUZ, DAVAO DEL SUR.

DANNY BULOD UDOU AND TERESITA ANDAY,

Petitioners,

-versus-

THE LOCAL CIVIL REGISTRAR OF

STA. CRUZ, DAVAO DEL SUR,
Respondent.
x------------------------------------------------x

JUDICIAL AFFIDAVIT OF PETITIONER

DANNY BULOD UDOU

Examination conducted by: ATTY. ENGELBERT RODAJE CALGAS

Place conducted: Lopez – Calgas Law Offices

FortunevilleSubdvision, Quezon Ave.,
Digos City, Davao del Sur

___________________________________________________________

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propounded were in Visaya, while the answers given by Danny Udou were
also in the Visayan dialect and the corresponding English translation of his
testimony are respectively provided after each question and answer. These
questions are numbered consecutively and each question is followed by the
answer of the witness.

This Judicial Affidavit will constitute and serve as his direct testimony
pursuant to Administrative Matter No 12-8-8-SC otherwise known as the
“Judicial Affidavit Rule”.

PURPOSE: The testimony of the witness is being offered for the following
purposes:

1. That he is has caused the filing of this Petition to correct the erroneous
entries in the Certificate of Marriage of DANNY ODUO AND TERESITA
ANDAY Under Registry Number 84-285 and Correction Of Erroneous
Entries as Appearing in the Certificate Of Live Birth Of Danny Bulod Udou
Under Registry Number 2004-645;

2. The witness is presented to attest to the truthfulness of circumstances

surrounding erroneous entries in such Certificate of Marriage and
Erroneous Entries as Appearing in such Certificate Of Live Birth;

3. The witness is also presented to prove the correct entries in his marriage
contract, his birth certificate and his parent’s marriage contract;

4. All other related matters, facts and circumstances relevant and material
to this case.

The following are the questions inquired by the above-mentioned counsel

and its corresponding answers which private complainant voluntarily gave
during the Testimonial Examination, including all annexes and exhibits
appended thereto:

1. Question: Sir, paki-ingon sa imong kumpletong pangalan, address,

okyupasyon, ug uban pang personal na detalye? (Sir, can you
please state your full name, address, occupation, and other
personal details?)
A: Ako si Danny Bulod Odou

2. Question: Nanumpa ba ka na mosulti sa tinood ug tinood lamang ang

isulti ug nakasabot na ikaw pwede moatubang ug Kriminal kaso kung
ikaw mamakak niining pagsusi ug Testimonya? (Do you swear to tell
only the truth and nothing but the truth, fully conscious that
you may face criminal liability for any false testimony or
perjury in these Testimonial Examination?)

A: Oo Sir. Nanumpa ko. (Yes Sir. I swear.)

3. Question: Ikaw ba ang pareha na si Danny Udou na nagpahimo niining

Affidavit bahin aning kaso? (Are you the same Danny Udou who

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 executed this Affidavit in connection with the above-captioned
cases?)

A: Ako Sir. (I am Sir.)

4. Question: Boluntaryo ba ning pagkuha ani imong Affidavit? (Is the

taking of this Affidavit voluntary?)

A: Boluntaryo Sir. (Voluntary Sir.)

5. Question: Unsang sinultian imong gusto gamiton mahitungod

niining pagkuha sa imong testimonya Mr. Witness? (In what
language would you want to use in the taking of your
testimony Mr. Witness?)

A: Mas maayo na Binisaya lang na sinultian Sir. (It is better in

the Visayan dialect Sir.)

6. Question: Ngano naa ka diri Sir? (Why are you here Sir?)

A: Kay gipatawag man ko nimo Atty. para mohimo aning

Affidavit bahin aning akoang petition na gi file nako kauban sa
akoang asawa para itama ang mga mali sa amoang Marriage
Contract, akong Birth Certificate ug ang Marriage Contract sa
akoang ginikanan Sir. (I was called to execute an affidavit
in relation to my case that I filed with my wife in order to
correct the erroneous entries in our Marriage Contract,
my Birth Certificate and Marriage Contract of my parents.)

7. Question: Ingon ka na nay mga mali sa inyong Marriage Contract, naa ba kay
kopya ana? (You said that there are erroneous entries in your Marriage
Contract, do you have copy of the said Marriage Contract?)

Answer: Yes Sir, ako kini itunol nimo. (Yes sir, I am handing it to you);

8. Question: Palihug e-saysay unsa ang mga mali sa iyong Marriage Contract.
(Please state what are errors in your Marriage Contract.)

Answer: Naay upat ka mali sa among Marriage Contract Sir. (There are four
errors in our Marriage Contract Sir.)

a. Ang una kay ang akong apelyedo nga “UDO” na dapat unta “UDOU” (The
first is my surname “UDO” which should be “UDOU”);

b. Ang ikaduha kay ang pangalan sa akong papa nga “ALEJANDRO UDO” na
dapat unta “ALEJANDRO TORAO UDOU” (The Second is the name of
my father “ALEJANDRO UDO” which should be “ALEJANDRO
TORAO UDOU”);

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 c. Ang ikatulo ang apelyedo sa akong mama nga “LUKINA” na dapat unta
“BULOD”. (The third is the surname of my mother “LUKINA” which
should be “BULOD”);

d. Ang ikaupat kay ang ngalan sa amahan sa akong asawa nga “ALEJANDRO”
na dapat unta “ABOY” (The fourth is the father’s name of my wife
named “ALEJANDRO” which should be “ABOY);

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of his Marriage Contract which
he warrants as a faithful reproduction of the original and we request
the said document attached to the records be accordingly marked as
Exhibit “A”, the name “DANNY UDO” be marked as Exhibit “A-1”,
the name “TERESITA ANDAY” be marked as Exhibit “A-2”, the name
of husband’s mother “CRISPINA LUKINA” be marked as Exhibit “A-
3”, and the First Name of the wife’s father “ALEJANDRO” be marked as
Exhibit “A-4”.

9. Question: Unsay imong kamatuoran nga ang imong apelyedo “UDOU”?

(What is your proof that your correct surname is indeed “UDOU”?)

Answer: Kay Anak man ko ni “Alejandro Torao Udou” sir, ug akong proweba
kay ang iyahang Marriage Contract sa akoang mama na pagpamatuod na
“udou” akoang dapat apildyido sir. (Because I am the son of “Alejandro
Torao Udou” sir, and my proof is his Marriage Contract with my mother
to prove that my surname is “Udou” Sir.)

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of the Marriage Contract of his
father Alejandro Torao Udou which he warrants as a faithful
reproduction of the original and we request the said document
attached to the records be accordingly marked as Exhibit “B”.

10. Question: Unsa pa imong proweba? (What else is your proof?)

Answer: Nia pud ang akong Voter Certification sir. (I have also my
Voter’s Certification Sir.)

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of his Voter’s Certification which
he warrants as a faithful reproduction of the original and we request
the said document attached to the records be accordingly marked as
Exhibit “C”, the name “DANNY BULOD UDOU” be marked as Exhibit
“C-1”, and the remarks at the right side of the said document be
marked as Exhibit “C-2”.

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 11. Question: Unsa pa gyud lain proweba nimo (What else is your proof?)

Answer: Naa pud diri akoang Postal Postal Identity Card pud Sir. (I have here
also my Postal Identity Card Sir).

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of his Postal Identity Card which
he warrants as a faithful reproduction of the original and we request
the said document attached to the records be accordingly marked as
Exhibit “D”, the surname “UDOU” be marked as Exhibit “D-1”, the
given name “DANNY” be marked as Exhibit “D-2” and the middle
name “BULOD” be marked as Exhibit “D-3”.

12. Question: Unsa imong proweba na ang apilyido sa imong mama kay
“BULOD ug dili “LUKINA”? (What is your proof that the surname of your
mother is “BULOD” and not “LUKINA”?)

Answer: Nia ang Certificate of Live Birth sa akong mama sir, ang LUKINA sa
labing tinuod kay First Name na sa akong lolo, ug ang apelyedo sa akong mama
kay sa pagkatinuod BULOD jud sir. (I have here the Certificate of
Live Birth of my mother sir, LUKINA is actually the First Name of
my grandfather Sir, and my mother’s surname is really BULOD Sir);

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of a Birth Certificate under the
name CRISPINA BAGOBO BULOD which he warrants as a faithful
reproduction of the original and we request the said document
attached to the records be accordingly marked as Exhibit “E”, the
name “CRISPINA BAGOBO BULOD” be marked as Exhibit “E-1”, the
Father’s First name “LUKINA” be marked as Exhibit “E-2” and the
Father’s Surname name “BULOD” be marked as Exhibit “E-3”.

13. Question: Unsa pa man lain ang imong ipa correct sa imong marriage
contract? (What else do you want to be corrected in your marriage
contract?)

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 Answer: Ang pangalan pud sa papa sa akong asawa na naa sa Marriage
contract namo sir. (The First name of my wife’s father in our marriage
contract sir.)

14. Question: Unsa man mali ana sa marriage contract ninyo? (What was
the mistake in your marriage contract?)

Answer: kay ang ngalan sa amahan sa akong asawa na “ALEJANDRO” mali

kay dapat unta “ABOY” Sir (because the first name of my father’s wife
named “ALEJANDRO” is incorrect because it should be “ABOY);

15. Question: Naa ba kay proweba na nagpamatood na mali to? (Do you have
proof that it was incorrect?)

Answer: Naa Sir, ang Birth Certificate sa akoang asawa na dala nako ron. (Yes
Sir, the Birth Certificate of my wife which I have with me.)

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of the Birth Certificate of his wife
_____________ which he warrants as a faithful reproduction of the
original and we request the said document attached to the records be
accordingly marked as Exhibit “___”.

16. Question: Unsa pa man ang icorrect nato sa imong marriage contract?
(What else do you want to correct in your marriage contract?)

Answer: Wala na sir.

17. Question: Niingon ka sa imong unang istorya na naa pud kay ipa correct na
mga mali sa imong Birth Certificate, tama? (You said earlier that you also
want to correct some entries in your Birth Certificate, right?)

Answer: Oo Sir. (Yes Sir.)

18. Question: Asa man imong Birth Certificate? (Where is your Birth
Certificate?)

Answer: Naa diri sa akoa Sir. (It is with me Sir.)

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 19. Question: Palihug e-saysay unsa ang mga mali sa imong Certificate of Live
Birth. (Please state what are errors in this Certificate of Live Birth of
yours.)

Answer: Naay walo ka mali sa akong Certificate of Live Birth sir. (There are
eight errors in my Certificate of Live Birth sir.)

20. Question: Unsa man ng mga mali? (What are the errors?)

Answer:
a. Una, ang akong middle name kay dili “LUKINA” apan “BULOD”, sa
nahisgotan na ganina, ang LUKINA kay pangalan sa akong lolo, papa sa
akoang mama na si “Lukina Bulod”. Ang akong Voter Certification
(Exhibit “C”) ug ang akong Postal Identity Card (Exhibit “D”) isip
magpagpamatuod ani Sir. (First, my middle name is not LUKINA
but really BULOD, as earlier stated, “Lukina” is actually the first
name of my grandfather, father of my mother, who is Lukina
Bulod. My Voter Certification (Exhibit “C”) and my Postal
Identity Card (Exhibit “D”) will prove this sir.

b. Ikaduha, ang family name sa akong mama Lukina angay nga ma-
correct ngadto sa BULOD, ang ngalan nga Lukina, sa nasulti na kay
ngalan jud sa papa sa akong mama nga si Lukina Onaga Bulod. kining
Certificate of Live Birth sa akong mama (Exhibit “E”) ang
magpagmatuod sa maong saysay Sir. (Second, my mother’s family
name as “Lukina” must be corrected to “BULOD”, since the
name Lukina, as mentioned, is actually the name of the father
of my mother who is Lukina Onaga Bulod. The Certificate of Live
Birth of my mother (Exhibit “E”) will prove such averment Sir.

c. Ika-tulo kay ang edad sa akong mama sa panahon nga ako gipanganak
“32” ug dili “D/K”; (Third is the age of my mother when I was
born was “32” and not “D/K”);

d. Ika-upat, ang tinuod nga pangalan sa akong papa kay “ALEJANDRO

TORAO NAKAMURA UDOU” dili “ALEJAMDRO UDO”; (Fourth is
the correct name of my father is in fact “ALEJANDRO TORAO
NAKAMURA UDOU” not “ALEJAMDRO UDO”);

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 e. Ika-lima, ang citizenship sa akong papa “Japanese” ug dili “Filipino”
(Fifth, the citizenship of my father is “Japanese” and not
“Filipino”);

f. Ika-unom, ang edad sa akong papa sa panahon nga ako natawo “38”
dili “D/K” (Sixth, the age of my father when I was born was
“38” not “D/K”);

g. Ika-pito, ang relihiyon sa akong papa sa pagkatinuod “Buddhism” dili

“Lanahan; (Seventh, the religion of my father is in fact
“Buddhism” not “Lanahan”);

h. Ika-walo, akong ginikanan gikasal sa balay sa akong mama niadtong

January 8, 1946 pinaagi sa tribal wedding binasbasan ni Datu Monon
Bagobo Saliman, pinasikad niana ang item number 18 angay’ng ma-
correct gikan sa “DON’T KNOW” ngadto sa “HOUSE OF THE BRIDE,
ASTORGA, STA. CRUZ, DAVAO DEL SUR” ug sa petsa “January 8, 1946
(Eighth, my parents were actually married at the house of my
mother on January 8, 1946 and was solemnized Datu Monon
Bagobo Saliman, as such the entries in item number 18 should
be corrected from “DON’T KNOW” to “HOUSE OF THE BRIDE,
ASTORGA, STA. CRUZ, DAVAO DEL SUR” and the date of
“January 8, 1946);

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of his Birth Certificate which he
warrants as a faithful reproduction of the original and we request the
said document attached to the records be accordingly marked as
Exhibit “F”, the name the middle name “Lukina” be marked as
Exhibit “F-1”, the name “Crispina Lukina” be marked as Exhibit “F-
2”, the mother’s age “DK” be marked as Exhibit “F-3”, the father’s
name “ALEHAMDRO UDO be marked as Exhibit “F-4”, the father’s
citizenship “Filipino” be marked as Exhibit “F-5”, the father’s age
“DK” be marked as Exhibit “F-6”, the father’s religion “LANAHAN” be
marked as Exhibit “F-7”, and the date and place of parents’ marriage
“Don’t Know” be marked as Exhibit “F-8”.

21. Question: Unsay imong kamatuoran nga imong mama 32 anyos sa

panahon nga ikaw natawo? (What is your proof that your mother was 32
years old when you were born?)

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 Answer: Ang Certificate of Live Birth sa akong mama (Exhibit “E”) ug
marriage Contract nila kung e-comparar sa akong Certificate of Live Birth Sir
(Exhibit “F”), makita na naa jud mali. (The Certificate of Live Birth of my
mother (Exhibit “E”) and their Marriage contract when compared with
my Certificate of Live Birth (Exhibit “F”) will reveal that it is incorrect.)

22. Question: Unsay imong kamatuoran nga ang ngalan sa imong papa kay si
“ALEJANDRO TORAO UDOU” jud? (What is your proof that your father’s
name is indeed “ALEJANDRO TORAO UDOU”?)

Answer: Ang Certificate of Marriage sa akong ginikanan, iyahang birth

Certificate sir ug Koseki Tohon na gi issue sa Japan sir. (The Certificate of
Marriage of my parents, his birth certificate and the Koseki Tohon
issued by Japan Sir).

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of the Marriage Contract of his
father Alejandro Torao Udou which he warrants as a faithful
reproduction of the original which was earlier marked as Exhibit “B”,
and request the husband’s name “ ALEJANDRO TORAO UDOU” be sub-
marked accordingly as Exhibit “B-1”, the wife’s name “ CRISPINA
BAGOBO BULOD” be sub-marked as Exhibit “B-2”, the date of
marriage “January 8, 1946” be sub-marked as Exhibit “B-3”, the
place of marriage “HOUSE OF THE BRIDE ASTORGA, STA. CRUZ,
DAVAO DEL SUR” be sub-marked as Exhibit “B-4”, the name of
father “RINZO UDOU” be sub-marked as Exhibit “B-5”, the religion of
the husband’s father “Buddish” be sub-marked as Exhibit “B-6” and
the Certificate issued by the Japanese Embassy be sub-marked as
Exhibit “B-7”.

23. Question: Unsa may pasabot anang “Koseki Tohon”? (What is the
meaning of that “Koseki Tohon”?)

Answer: Japanese Family Registry Sir.

24. Question: Asa man ang kopya anang Koseki Tohon na imong gina-ingon?
(Where is the copy of that Koseki Tohon?)

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 Answer: Naa diri sir, akaong ihatag nimo ron. (Here it is Sir, I will give it to
you.)

Counsel’s Manifestation and Marking: The witness identified

and handed over to Counsel a copy of the Koseki Tohon (Japanese
Family Registry) which he warrants as a faithful reproduction of the
original and we request the said document attached to the records be
accordingly marked as Exhibit “G”, the name “TORAO UDOU” be marked
as Exhibit “G-1”, the date “October 19, 1926” be marked as Exhibit “G-
2 the birth place “Biao, Davao, Mindanao” be marked as Exhibit “G-3”, the
name of father “RINZO UDOU” be marked as Exhibit “G-4”, the name
of mother “MATSUE” be marked as Exhibit “G-5”, the father’s age
“DK” be marked as Exhibit “F-6”, and Certificate issued by the Japanese
Embassy” be marked as Exhibit “G-7”.

25. Question: Unsay imong kamatuoran sa edad sa imong papa sa imong

pagkatawo? (What is your proof of your father’s age at the time you
were born?)

Answer: Kung kumparahon ang akoang Birth Certificate ug ang KOSEKI

TOHON sa akong papa sir. Labi na ang maong date of Birth nya (“Exhibit G-2”)
sa KOSEKI TOHON Sir. (When you compare My Birth Certificate and the
KOSEKI TOHON of my father Sir. Especially the date of Birth (“Exhibit
G-2”) of the Koseki Tohon Sir.)

26. Question: Palihug e-sulti unsay imong pangayoon niining Halandong Korte
may kalabutan sa imong Marriage Contract. (Please state what is your
prayer before this Honorable Court in relation to your Marriage
Contract.)

Answer: Akong ihangyo nga ang mga mali nga nahisgutan mahimong e tama.
(I am pleading that the errors being mentioned be corrected.)

27. Question: Palihug e-sulti unsay imong pangayoon niining Halandong Korte
may kalabutan sa imong Certificate of Live Birth. (Please state what is your
prayer before this Honorable Court in relation to your Certificate of Live
Birth.)

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 Answer: Akong ihangyo nga ang mga mali nga nahisgutan sa akong Certificate
of Live Birth Mahimong Tama (I am pleading that the errors being
mentioned in my Certificate of Live Birth be corrected.)

28. QUESTION: Sayod ka ba nga nga kini instrumentoha imong panumpa-an

ug pwede ka mag-atubang ug kasong criminal sa pagtumo-tumo ug
pagpamakak? (Are you fully conscious that this instrument is executed
under oath, and that you may face criminal liabilities for false
testimony or perjury?)

ANSWER: kabalo kaayo ko sir. (I am fully aware sir.)

29. Question: Naa pa ba ka’y ikadungag aning imong Testimonya

sa niining Judicial Affidavit? (Do you have anything to add in
your testimony in this Judicial Affidavit?)

Answer: Wala na Sir. (Nothing more Sir.)

30. Question: Makapamatuud b aka na tinood ug tama ni imong

Salaysay karon? (Do you affirm the truth and veracity of your
Testimony now?)

Answer: Makapamatood ko Sir. (I affirm Sir.)

Counsel: That will be all for the private complainant.

...............
Affiant further sayeth naught.

I am executing this Judicial Affidavit in order to attest the truthfulness

and veracity of the foregoing facts and is presented in lieu of my direct
testimony in court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __day of

______________________, in ____________________, Davao del Sur.

DANNY BULOD UDOU

Witness

SUBSCRIBED AND SWORN TO before me this __ th day of _________________,

in _________________________, affiant personally appeared, I certify that I have
examined the latter and that he understood its contents and the same is freely executed by
him.

ATTY. ENGELBERT RODAJE CALGAS

SWORN ATTESTATION

I, ATTY. ENGELBERT RODAJE CALGAS, examining and supervising counsel

hereof, UNDER OATH STATES:

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 That I have faithfully recorded or caused to be recorded the questions asked and
the corresponding answer given by the above witness;

That neither I nor anybody present during this examination and recording, coached,
influenced and coerced the witness in giving her answer.

TO ATTEST, I have hereunto affixed my signature __th of ___________________,

in __________________, Davao del Sur, Philippines.

ATTY. ENGELBERT RODAJE CALGAS

SUBSCRIBED AND SWORN TO before me this __ th day of_______________, in

Digos City, Davao del Sur.

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