REGIONAL TRIAL COURT Family Court Branch ____ First Judicial Region Baguio City
IN RE: ADOPTION OF MINOR AND CHANGE OF NAME OF LIEZETTE JOY SAN JOSE CUADERNO TO LIEZETTE JOY RAMOS ABAD
LIGAYA RAMOS ABAD, - Petitioner,
- versus- SP. PROC. NO. ___________
LOCAL CIVIL REGISTRAR OF BAGUIO CITY, - Respondent. x------------------------------------------x
WITH ALL DUE RESPECT TO THE HONORABLE COURT
Petitioner, through undersigned counsel, unto the Honorable Court most respectfully alleges that:
1. The herein petitioner is of legal age, single, Filipino and with residence and postal address at No. 83 Camp 8, Kennon Rd., Baguio City but for this proceeding, her address shall be at Molintas and Partners Law Offices Rm. 203, Jose Miguel Bldg., Corner Yandoc St., Baguio City, where she may be served with notices, summons, orders and other court processes;
2. The respondent, the Local Civil Registrar of Baguio City is herein impleaded as a nominal party; the government P E T I T I O N Page 2 of 6 office tasked to implement whatever order/s that the Honorable Court may issue relative to this case. Notices, orders, summons and other court processes maybe served to said office at the Baguio City Hall;
3. Petitioner, Ligaya Abad, is a single Filipino citizen who is 31 years of age, having been born on March 30, 1975, copy of her Certificate of Birth is hereto attached as Annex A. She had never been married and had never begotten a child. While minor child, LIEZETTE JOY SAN JOSE CUADERNO, is two (2) years of age, having been born on January 28, 2004, copy of minors Certificate of Live Birth is hereto attached as Annex B. From said facts, the prospective ADOPTER is more than 16 years older than the minor child proposed to be adopted;
4. The minor child is born to one Malou San Jose Cuaderno. Said biological mother of the minor child has no stable means of livelihood with which to support her childs basic, as well as essential needs. Her circumstances being so, and for the best interest of the minor child, she had left her child under the care of the petitioner and had consented for her child to be adopted by the herein petitioner. Copy of her Affidavit of Consent is hereto attached as Annex C;
5. Such circumstance of the biological mother did not however hinder her in making occasional visits at the home of the petitioner to see how her child was doing;
6. Since the time LIEZETTE was brought to the house of the petitioner, the latter had been the one acting as mother to the child; giving her basic necessities, care, comfort and love. She had provided her a home; a safe and secure environment for her to grow up in;
7. MALOU SAN JOSE CUADERNO is neither insane, nor intemperate. Neither did she abandon her minor child, and she possess full knowledge of petitioners intention to adopt her minor child and had expressly given her consent to this adoption;
8. The petitioner is qualified under the law to adopt a child; she being emotionally and psychologically Page 3 of 6 capable of caring for the minor child. She is financially and morally capable of raising the child properly and adequately;
9. The petitioner is in possession of her full civil capacity and legal rights, she is of good moral character and have not been convicted of any crime involving moral turpitude;
WHEREFORE, it is most respectfully prayed that after due notice and hearing, judgment be rendered adjudging the minor child, LEIZETTE JOY SAN JOSE CUADERNO, freed from all legal obligations of obedience and maintenance with respect to her natural parents and that she be declared to all legal intents and purposes, the child of the herein petitioner, and that her name follow that of the petitioner, thus LEIZETTE JOY RAMOS ABAD.
Baguio City, Philippines, this 19 th day of July 2006
JUDY T. CALSI Counsel for Petitioner PTR No. 1427002; 1-03-06/Baguio City IBP Lifetime Mem. No. 601470; 1-16-04 Baguio-Benguet Chapter Roll No. 47779; 3-21-03/Manila MCLE COMPLIANCE No. IV-000657/March 2, 2005 MOLINTAS and PARTNERS LAW OFFICES Room 203 Jose Miguel Bldg., Corner Yandoc St., Baguio City Counsel for Petitioner
P R A Y E R
Page 4 of 6 REPUBLIC OF THE PHILIPPINES ) City of Baguio ) S.S.
VERIFICATION and CERTIFICATION
I, LIGAYA R. ABAD, of legal age, single, Filipino citizen and with residence at Camp 7, Baguio City, Philippines hereby declare under oath that:
1. I am the petitioner in the above-entitled case;
2. I have caused the preparation of this petition, the contents of which are true and correct to the best of my knowledge and belief;
3. I have not commenced any other action or proceeding involving the same issues with the Supreme Court, Court of Appeals, or any other tribunal or agency;
4. To the best of my knowledge, no such action or proceeding is pending in the Supreme Court, Court of Appeals, or any other tribunal or agency;
5. If I should thereafter learn that a similar action or proceeding has been filed, or is pending before the Supreme Court, Court of Appeals or any other tribunal or agency, I hereby undertake to report that fact within FIVE (5) days there from to the Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of July 2006 at Baguio City, Philippines.
_____________________ LIGAYA R. ABAD
SUBSCRIBED AND SWORN TO before me this 19 th day of July 2006 at Baguio City, Philippines, the person being personally known to me to be the same person who executed the foregoing document.
Doc. No. ___; Page No. ___; Book II; Series of 2006 Page 5 of 6 REPUBLIC OF THE PHILIPPINES) BAGUIO CITY ) S. S.
I, MALOU SAN JOSE CUADERNO, of legal age, single, Filipino citizen with residence and postal address at Quezon Hill, Baguio City, after having been duly sworn to in accordance with law, do hereby depose and state that:
1. I am the biological mother of one LEIZETTE JOY SAN JOSE CUADERNO who was born on January 28, 2004 in Baguio City;
2. I was not married when I gave birth to LIEZETTE JOY;
3. My friend, LIGAYA R. ABAD, had helped me greatly in raising my minor child and had expressed her desire to adopt my said child;
4. I am not insane, nor intemperate, nor have I abandoned said minor child. I have full knowledge of the intention of LIGAYA RAMOS ABAD to adopt my minor child and having the best interest of my child in mind, I have consented to the adoption;
5. I am aware of the fact that once LEIZETTE JOY SAN JOSE CUADERNO will be adopted, I shall lose ALL parental authority and that she will become the legal child of LIGAYA R. ABAD;
6. I am executing this AFFIDAVIT OF CONSENT freely and voluntarily to attest to the truthfulness of my foregoing statements and circumstances; to prove and show that I am giving my consent to the adoption of my minor child LEIZETTE JOY SAN JOSE CUADERNO by LIGAYA RAMOS ABAD and for all other legal intents and purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th
day of July 2006 at Baguio City, Philippines.
MALOU SAN JOSE CUADERNO AFFIDAVIT OF CONSENT Page 6 of 6 Affiant BIR TIN No. 456-873-221-000 Issued On: January 4, 2004 Issued At: Baguio City
SUBSCRIBED AND SWORN TO BEFORE ME this 19 th day of July 2006 at Baguio City. The Affiant exhibited to me her BIR TIN ID Card with the number, date and place of issue as indicated below her name and signature. She acknowledged to me that the same is her free and voluntary act or deed.
WITNESS MY HAND AND SEAL. Doc. No. ________; Page No. ________; Book No. ________; Series of 0f 2006.