JUDGE: JIANNE ROSE AUGUSTINE V.

NAVARRO
INTERPRETER: MAY ANGELICA M. TENEZA
COUNSEL FOR THE PETITIONER: ERYLLE CARVAJAL
PUBLIC PROSECUTOR: VANESSA YVONNE GURTIZA
WITNESSES: DR. CHERRIE PIE (Cherie Moana Javines)
BIBI GANDANGHARI ( Dawn Marie Angeli Bacurnay)

JANUARY 25, 2020

SPECIAL PROCEEDINGS CASE NO. 1042-A

IN RE: PETITION FOR CHANGE OF NAME FROM COCO MARTAN TO CACA MARTAN AND
CORRECTION OF ENTRY IN HIS CERTIFICATE OF LIVE BIRTH REGARDING HIS GENDER
FROM MALE TO FEMALE
(EVERYBODY is in the courtroom waiting for the judge)

Interpreter All rise! Court is now in session, witness the Honorable Judge JIANNE ROSE AUGUSTINE
V. NAVARRO presiding. Let us bow our heads in prayer.

(Tatayo lahat)

Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech
You to bless and inspire us so that what we think, say and do will be in accordance with Your
will. Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love, wisdom
and understanding, so that we can become effective channels of truth, justice and peace. In
our proceedings today, guide us in the path of righteousness for the fulfilment of Your greater
glory. Amen.

Judge: (Judge bangs gavel once, everybody sits down.)

Call the cases.

Initial Hearing
Interpreter: For Initial Hearing, Special Proceedings Case No. 1042 -A
Atty. Carvajal Atty. Erylle Carvajal, appearing for the Petitioner.
Prosec. Gurtiza Prosecutor Vanessa Gurtiza, appearing for the State.
Judge: Announce the case.

Interpreter This is the Petition for Change of Name from Coco Martan to Caca Martan, and Correction of
Entry in his Live Birth Certificate regarding his gender from MALE to FEMALE.
Is there anyone in the court who would oppose to this Petition?
Adda ba ditoy korte iti mang-oppose (kontra) datoy makuna nga Petition (Petisyon) ni Coco
Martan?

(wait for few moments)

(to the judge) Your Honor, nobody has interposed his or her objection to the case.

Judge Alright. The petition was announced in Open Court to invite private oppositors but nobody
entered opposition/objection thereto, thereby declaring a general default against the public
except the State which is represented by the Office of the Solicitor General though the Public
Prosecutor who is present today.

Is the petitioner ready to mark your exhibits to establish jurisdictional requirements?

Atty. Carvajal We are ready, Your Honor.
Judge: Proceed with marking your jurisdictional requirements.
Atty. Carvajal Thank you, Your Honor.
Atty. Carvajal For this Petition, we are marking the following exhibits for the purpose of proving

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 jurisdictional requirements, namely as follows:

Exhibit “A” – Verified Petition; (Judge: “Mark it” sa lahat.)

Exhibit “B” - Registry return receipt of the copy sent to the Office of the Solicitor General
“B1” - Return receipt of the copy given to the Office of the City Prosecutor
“B2” - Registry return receipt of the copy sent to the Philippine Statistics Authority “B3” -
Registry return receipt of the copy sent to the Office of the Local Civil Registrar of San
Fernando City, La Union
Exhibit “C” - Order of the Initial Hearing dated October 19, 2020
Exhibit “D” - Notice of Appearance of the Solicitor General;
Exhibit “E” - Authority of the Public Prosecutor from the Office of the Solicitor General
Exhibit “F”– Affidavit of Publication executed by Coco Martan of the Weekly Ilocandia
Inquirer;
Exhibit “G” - August 31 to September 6, 2020 issue of the Weekly Ilocandia Inquirer
G-1 – page 7 thereof;
Exhibit “H”- September 7 to 13, 2020 issue of the Weekly Ilocandia Inquirer;
H-1 – page 4 thereof;
Exhibit “I”- September 14 to 20, 2020 issue of the Weekly Ilocandia Inquirer
I-1 – page 5 thereof;

No further markings your Honor.

Judge: Any comments from the State?
Prosecutor Gurtiza The State has no objection to the admission of these exhibits, but only for the purpose of
proving compliance with the jurisdictional requirements.
Judge All right. Order:

When this case was called for hearing , the petitioner through Counsel marked the following
exhibits:

Exhibit “A” – Verified Petition;

Exhibit “B” - Registry return receipt of the copy sent to the Office of the Solicitor General
“B1” - Return receipt of the copy given to the Office of the City Prosecutor
“B2” - Registry return receipt of the copy sent to the Philippine Statistics Authority “B3” -
Registry return receipt of the copy sent to the Office of the Local Civil Registrar of San
Fernando City, La Union
Exhibit “C” - Order of the Initial Hearing dated October 19, 2020
Exhibit “D” - Notice of Appearance of the Solicitor General;
Exhibit “E” - Authority of the Public Prosecutor from the Office of the Solicitor General
Exhibit “F”– Affidavit of Publication executed by Coco Martan of the Weekly Ilocandia
Inquirer;
Exhibit “G” - August 31 to September 6, 2020 issue of the Weekly Ilocandia Inquirer
G-1 – page 7 thereof;
Exhibit “H”- September 7 to 13, 2020 issue of the Weekly Ilocandia Inquirer;
H-1 – page 4 thereof;
Exhibit “I”- September 14 to 20, 2020 issue of the Weekly Ilocandia Inquirer
I-1 – page 5 thereof;

Considering that there is no objection on the part of the State on the admission of the exhibits
for purposes of jurisdictional requirements, the same were admitted.

Let the initial reception of petitioner’s evidence and the reception of evidence-ex-parte by the
petitioner before the Branch Clerk of Court be set today subject to the active participation of
the Public Prosecutor.
Are you ready to present our evidence?

Atty. Carvajal Your Honor, we intend to present our testimonial evidence today, but due to the effects of the
pandemic, our witnesses are constrained to travel to La Union, as they are from the province
of Pangasinan.
May we move for the resetting of the initial reception of evidence Your Honor.
Judge Any comment, Fiscal?
Prosecutor Gurtiza No objection as to the resetting of the case Your Honor.
Judge Alright, when will be the resetting, Angel?

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Court Interpreter Your Honor, the next hearing date will be January 18, 2021.
Judge: Are you okay with the dates counsels?
Counsels Yes, your Honor.

Judge: Okay. Acting on the motion of Atty. Erylle Carvajal, counsel for the petitioner, to reset the
case for initial reception of evidence, finding it to be meritorious, the same is Granted.

Accordingly, the initial reception of evidence set today is canceled and reset on January 18,
2021 at 8 o’clock in the morning.
So ordered. (pak)
Counsels Permission to leave your, Honor.

FEBRUARY 22, 2021

Initial Reception of Evidence
- Presentation of the Testimony of Petitioner

Interpreter: For continuation of presentation of evidence, Special Proceedings Case No. 1042 – A,
In Re: Petition for Change of Name of Coco Martan to Caca Martan in his Live Birth
Certificate and Correction of Entry regarding his Gender From Male to Female
Judge: Appearances?

Prosecutor Gurtiza For the State, Your Honor.

Atty. Carvajal For the Petitioner, Your Honor.

Judge Who was your last witness, Atty. Carvajal?

Atty. Carvajal We presented the petitioner, Your Honor.
Judge Do you have other witnesses? Are you ready to present them?
Atty. Carvajal Yes, Your Honor. We are presenting our last two witnesses today – Dr. Cherrie Pie, the
physician who examined the physical attributes of the Petitioner and
Ms. Bibi Gandanghari, the Petitioner’s childhood friend.
Judge: Are their judicial affidavits attached to the Petition?
Atty. Carvajal Yes, Your Honor.

Interpreter Calling the witness to the witness stand.

(Dr. Cherrie Pie sits on the witness stand)
Please state your name, age and other personal circumstances.
(Dr. Cherrie answers.)
Do you swear the truth, nothing but the truth, so help you God?
(Dr. Cherrie: I do.)

Judge: Counsel, your witness is now ready.

Atty. Carvajal: With the kind permission of the Honorable Court, we are offering the testimony of this
witness Your Honor to prove the following:
- Her credibility as an expert witness and thus qualified to assess the Petitioner;
- That she subjected the petitioner to physical examinations and interviews;
- To testify on the veracity of the results of the medical examination of the Petitioner;
- To prove that the Petitioner had sex change surgery, and thus having features and sex
organ as that of a woman; and
- To testify on other matters related to the Petition.

Judge Any comment fiscal to the offer?

Pros. Gurtiza We reserve our right to conduct cross-examination, Your Honor
Judge You may now proceed.
Atty. Carvajal Mr. Witness, with regard to this Petition, did you execute an affidavit?
Witness: Yes ma’am.
Atty. Carvajal Showing to you an Judicial Affidavit, what is the relation of this affidavit to you?
Witness: This is my affidavit, Ma’am.

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Atty. Carvajal Your Honor, may we pray for the marking of the Judicial Affidavit as Exhibit “__”
(Judge: Mark it.)
Above the name affiant, whose name is this?
Witness: My name, Maám.
Atty. Carvajal And above your name is a signature, whose signature is it?

Witness Mine, Ma’am.

Atty. Carvajal Your Honor, we pray for the marking of the signature as Exhibit “___-1”.
(Judge: Mark it.)
Have you read and understood the contents of this Judicial Affidavit including the Annexes?
Witness Yes, Ma’am.
Atty. Carvajal Do you affirm and confirm the contents and veracity of this Judicial Affidavit?
Witness Yes, Ma’am.
Atty. Carvajal No further questions, your Honor.
Judge Alright. Cross, Fiscal?
Pros. Gurtiza With the permission of the Honorable Court.
Judge You may proceed.
Pros. Gurtiza Good morning, Madam Witness.
*** Please come up with your cross-questions based on her JA. ***
- Qualify the expert witness
- Diskarte niyo na :D

Pros. Gurtiza No further questions, Your Honor.

Judge Proceed to the next witness
***NEXT WITNESS: BIBI GANDANGHARI***
Interpreter Calling the next witness to the witness stand.
(Bibi sits on the witness stand)
Please state your name, age and other personal circumstances.
(Bibi answers.)
Do you swear the truth, nothing but the truth, so help you God?
(Bibi: I do.)

Judge: Counsel, your witness is now ready.

Atty. Carvajal: We are offering the testimony of this witness Your Honor to prove the following:
- That she is the childhood friend of the Petitioner;
- That she knew very well the characteristics of Petitioner showing his feminine
personality since their childhood;
- To corroborate the testimony of the Petitioner; and
- To testify on other matters related to the Petition;

Judge Any comment fiscal to the offer?

Pros. Gurtiza Subject to cross-examination, Your Honor.
Judge You may now proceed.
Atty. Carvajal Mr. Witness, with regard to this Petition, did you execute an affidavit?
Witness: Yes ma’am.
Atty. Carvajal Showing to you an Judicial Affidavit, what is the relation of this affidavit to you?
Witness: This is my affidavit, Ma’am.
Atty. Carvajal Your Honor, may we pray for the marking of the Judicial Affidavit as Exhibit “__”
(Judge: Mark it.)
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 Above the name affiant, whose name is this?
Witness: My name, Maám.
Atty. Carvajal And above your name is a signature, whose signature is it?

Witness Mine, Ma’am.

Atty. Carvajal Your Honor, we pray for the marking of the signature as Exhibit “___-1”.
(Judge: Mark it.)
Have you read and understood the contents of this Judicial Affidavit including the Annexes?
Witness Yes, Ma’am.
Atty. Carvajal Do you affirm and confirm the contents and veracity of this Judicial Affidavit?
Atty. Carvajal Your Honor, may we pray for the marking of the Judicial Affidavit as Exhibit “__”
(Judge: Mark it.)
Above the name affiant, whose name is this?
Witness: My name, Maám.
Atty. Carvajal And above your name is a signature, whose signature is it?

Witness Mine, Ma’am.

Atty. Carvajal Now, do you affirm and confirm the contents and veracity of this Judicial Affidavit?
Witness Yes, Ma’am.
Atty. Carvajal No further questions, your Honor.
Judge Alright. Cross, Fiscal?
Pros. Gurtiza With the permission of the Honorable Court.
Judge You may proceed.
Pros. Gurtiza Good morning, Madam Witness.
**START QUESTIONING BASED ON THE JA**
Pros. Gurtiza No further questions, Your Honor.
Judge Alright. Is there other witness, Counsel?
Atty. Carvajal She’s our last witness, Your Honor. We are resting our case.
Judge Formal offer?
Atty. Carvajal With the permission of the Court, may we formally offer our exhibits, Your Honor.
Judge Proceed.
Atty. Carvajal We are formally offering as documentary evidence, the following exhibits:

*Erylle paki-lista mo nalang in order yung mga exhibits mo ha 😉 *

Judge Alright. Order:

In today’s proceedings, Public Prosecutor Vanessa Gurtiza and Atty. Erylle Carvajal, counsel
for the petitioner, appeared. The petitioner’s witnesses were presented and their testimonies
were conducted and completed, thereby the petitioner through his counsel rests his case and
formally offered evidence. The public prosecutor interposed no objection to the Formal Offer
of the Petitioner.

Wherefore, this case is submitted for Resolution. (Chos, check ko paano ba to sinasabi.)

So ordered. Next case!

NARRATOR: Court’s Decision - MARCH 1, 2020

Upon satisfactory proof

***END***

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