Mandamus Rule 65

8/22/2019 Mandamus Rule 65

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REPUBLIC OF THE PHILIPPINESNATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURTBRANCH 112, PASAY CITY

DANILO CORPUS,Petitioner,

SPL CIVIL ACTION NO. _______FOR: MANDAMUS

-versus-

THE GOVERNMENT SERVICEINSURANCE SYSTEM (GSIS)

Respondent.

x - - - - - - - - - - - - - - - - - - - - - - - - - x

P E T I T I O N

PETITIONER, by and through the undersigned counsel and to thisHonorable Court respectfully states:

1. That petitioner is of legal age, married, Filipino and may beserved with summons at # 132 Fredo, Pasay while respondent

is a government-owned or controlled corporation and may be

served with summons at its principal office at GSIS Bldg.,

Financial Center, Reclamation Area, Roxas Blvd., Pasay City;

2. That petitioner entered the government service on April 8,1966 as janitor of the Philippine National Police (PNP) with a

status of employment as casual and became permanent onApril 1, 1981;

3. That he continuously served the PNP without interruption andis presently holding the position of chief janitor with a

permanent status of employment;

4. That when he entered the government service, he indicated inhis employment records that he was born on April 21, 1945

and his middle name as Santos based on the information thathe received from his grandmother who took care of him from

childhood;

5. That after the death of his grandmother, he discoveredsometime in 2000 through his brothers that his true and


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correct date of birth is February 3, 1945 and his middle name

is Casamayor;

6.That he caused the delayed registration of his birth with theLocal Civil Registrar of Pasay City on June 20, 2001, showing

the true and correct date of his birth of which is February 11,

1945 and the names of his parents as Casilda Ando

Casamayor and Alex Santos Corpus, photocopy of his

certificate of live birth is hereto attached asAnnex A ;

7. That on January 12, 2003, he filed an application forcorrection of personal information with the Philippine Navy

with a request that his name be corrected from Santos to

Casamayor and his date of birth from April 21, 1945,

photocopy of his application form for correction is hereto

attached asAnnex B;

8. That his middle name was immediately corrected in hisemployment records at the Philippine Navy and Civil Service

Commission from Santos to Casamayor;

9. That through tne assistance of the Department of Interior nadLocal Government, petitioner requested the Civil Service

Commission to make the necessary correction of his date birthas appearing in his records at the Commission, photocopies of

the letter of Assistant Secretary Andres Funk dated September

18, 2002, affidavit of the petitioner, joint affidavit of Vicente

Policar Jr and Conchita Barroso, and service record of the

petitioner are hereto attached asAnnexes C, D, E and

F, respectively;

10.That in an order dated May 16, 2003, the Civil Commissiongranted the request and authorized the correction of his dateof birth in his records at the said Commission, photocopy of

the said Order is hereto attached asAnnex G;

11.That the petitioner had requested the respondent GSIS toallow the necessary correction of his date of birth and middle

name as appearing in his records at the said office but the

same was refused without valid reason as the said Order of the

CSC was even shown to them;

12.That the petitioner is entitled as a matter of right to correct hisdate of birth and middle name appearing in his records at the

GSIS;


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13.That for the refusal of the respondent to make the necessarycorrection, no appeal is provided, nor has a petitioner any

other plain, adequate and speedy remedy in the ordinary

course of law than this petition for mandamus.

WHEREFORE, petitioner prays that after proper proceedings, thisHonorable Court render judgment commanding the respondentGovernment Service Insurance System to make the necessary correction intheir records of the petitioners date of birth from April 21, 1945 toFebruary 11, 1945 and middle name from Santos to Casamayor.

Other reliefs just and equitable are prayed for.

Cavite City, March 1, 2004.

ATTY. MARKET M. ARKETCounsel for Petitioner

85 Molino St., Pasay CityPTR No. 98765 1.5.2001IBP No. 45678 1.11.2001Roll No. 34256MCLE Comp. No. 56754389

VERIFICATION AND CERTIFICATIONAGAINST FORUM-SHOPPING

I, EMILIANO B. DANDAN, after being duly sworn to inaccordance with law depose and say: that I am the petitioner of the above-entitled case; that I have caused the preparation of this petition; and thatall the allegations therein are true and correct of my own and personalknowledge, no such other action or claim involving the same issues in anycourt, tribunal or quasi-judicial agency and to the best of my knowledge, nosuch other action or claim is pending therein except the request that I mad

with Civil Service Commission to make the necessary correction of my dateof birth as appearing in my records at the said Commission and whichrequest was subsequently granted; that I will report within (5) days shouldI thereafter learn that the same or similar action or claim has been filed oris pending.

DANILO CORPUSAffiant


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SUBSCRIBED AND SWORN to before me this 5th day of February2004 at Pasay City, Philippines, affiant exhibiting to me his CommunityTax Certificate No. 0654337 issued on January 13, 2004 at Pasay City,Philippines.

Witness my hand and seal.

ATTY. SCAN N. EDNotary Public for the City of Cavite197 Salcedo St., Cavite City

Appointment No. 43255 until Dec. 31, 2001Roll of Attorney No. 32414PTR No. 0756498, Jan. 4, 2001, CaviteSeries No. of Commission 0098761IBP No. 367485MCLE Compliance No. 1-2564876

Doc No. _____ ;Page No. _____;Book No. _____;Series of 2004.

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Mandamus Rule 65