JUDICIAL AFFIDAVIT – DIRECT TESTIMONY OF AN ADOPTER IN AN ADOPTION CASE

Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region

Branch ________

___________ City

IN THE MATTER OF THE ADOPTION OF _____________________________

Case No. ______________________

ANNE LORRAINE CO y PONGOS,

Petitioner.

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

JUDICIAL AFFIDAVIT OF ANNE LORRAINE CO y PONGOS

I, ___________________, of legal age, married, and living at ___________________, petitioner in this

case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. __________________________________________ with address at

_________________________________
________________________________________________________________. The examination is being held at
the same address. I am answering his questions fully conscious that I do so under oath and may face criminal
liability for false testimony and perjury.

The judicial affidavit of petitioner Anne Lorraine Co y Pongos is executed to serve as her direct testimony
in the instant case. This judicial affidavit is offered to prove the following:
 (1) Petitioner Anne Lorraine Co y Pongos has all the qualifications and all the requirements to adopt
___________________________________________, a minor; and
(2) Minor ___________________________________________ may be adopted as provided by law.

It is respectfully prayed that the Honorable Tribunal admit this Judicial Affidavit of Anne Lorraine Co y
Pongos as the Direct Examination of the petitioner in order to expedite the proceedings.

QUESTIONS were propounded by petitioner’s counsel, Atty.

_______________________________________, in English, which the petitioner fully understands, while

ANSWERS were given/made by petitioner Anne Lorraine Co y Pongos in English/Tagalog and the corresponding
translation of her answer is provided after each question.

1) Question (Q) Please state your name and other personal circumstances for the record. Answer (A) I
am Anne Lorraine Co y Pongos, __________ years old, a resident of
_____________________________
___________________________________________, single and a businesswoman.
I am a Filipino citizen.

2) Q What is your business?

A I have a plastic factory in Valenzuela City and a dormitory in Sampaloc, Manila.

3) Q Do you have any proof that you really own a factory and a dormitory?

A Yes, ma’am! I have all the pertinent documents (Exhibit “A”).

4) Q Are you the same Anne Lorraine Co y Pongo, the petitioner in this case?

A Yes, ma’am!

5) Q Have you been convicted of any crime?

A No, ma’am!

6) Q Do you have a child?

A None!

7) Q Have you undergone pre-adoption services?

A Yes, ma’am!

8) Q Do you have any proof that you really have undergone pre-adoption services?

A Yes, ma’am (Exhibit “B”).

9) Q Do you think you are in a good position to provide for all the needs of the

child you want to adopt, to support, educate and care for the child to be

adopted?

A Yes, ma’am!

10) Q Why or how?

A As a businesswoman, I earn more than three hundred seventy five thousand

pesos (₱375,000.00) a month. That is a net, not gross.

11) Q Why do you want to adopt a child?

A Because I am single and I cannot have a fetus in my womb since I am not in a romantic
relationship. Still, I want to become a mother, a real and genuine mother. I want to love
a child and be loved by my child.

12) Q Who is the child that you want to adopt? State her other personal circumstances
for the record.
A Her name is __________________________________, _________ years old and
she is currently under the care of CHILDREN’S SHELTER OF CEBU. Her biological
parents are both Filipinos and both residents of Cebu.

When, how and when did you meet

13) Q _________________________________________ ?

A I met her last year, August 29th, 2015, when I and my cousins had vacation in

Cebu from August 18th, 2015 to September 5th, 2015. One of my cousins asked

us to go with her in CHILDREN’S SHELTER OF CEBU. My cousin was at the

 fence of deciding to adopt a child. There, I saw

_____________________________________________ and was introduced to her by

one

of the staffs of CHILDREN’S SHELTER OF CEBU.

14) Q Why is she in CHILDREN’S SHELTER OF CEBU? Where are her parents?

A According to one of the staffs of CHILDREN’S SHELTER OF CEBU who introduced

me to __________________________________ whose name I cannot remember.
_________________________________ was brought into CHILDREN’S SHELTER
OF CEBU by her biological parents because her biological parents could not afford to
raise her and give or provide her needs as they only do laundry for the others for their
living and her father could not find a good and stable job because of his serious illness
which I do not know. Thus, they decided to bring
__________________________________________ into CHILDREN’S SHELTER
OF CEBU.
 15) Q Have you met her biological parents?

A Not yet!

16) Q Do you have any idea if she is available for adoption?

A Yes! She has been declared, judicially, available for adoption (Exhibit “C”).

What is the age of _______________________________________

17) Q again?

A ________ years old.

18) Q How did you know?

A I asked the staff who introduced me to her and I also asked her. The said staff

alsoshowedmetheCertificateofLiveBirthof

________________________________________________ (Exhibit “D”).

19) Q Do you have documents necessary to adopt a child?

A Yes, ma’am! I have (Exhibits “C”, “C-1” to “C-8”).

IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of _________________
20______ in the City of ___________________________, Philippines.

ANNE LORRAINE CO y PONGOS

Affiant

SUBSCRIBED and sworn to before me, this _______ day of _________________ 20______ in the City of
___________________________, Philippines. I hereby certify that I have personally examined the affiant and that
I am convinced that she understood and voluntarily executed the Judicial Affidavit.

Copy furnished:
 THE CLERK OF COURT

(Address)

ATTESTATION

I, Atty. _______________________, of legal age, single and a resident of

__________________________________________________________, after having been duly sworn to in
accordance with law, hereby depose and state that:

1) I am the counsel of ANNE LORRAINE CO y PONGOS in Case No. _________________________;

2) I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers
that the witness gave for her Judicial Affidavit; and
3) Neither I nor any other person then present or assisting her coached the affiant regarding the latter’s
answers.

IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of _________________
20______ in the City of ___________________________, Philippines.

ATTY. ______________________________

Affiant
 SUBSCRIBE and sworn to before me, this _______ day of _________________ 20______ in
the City of

___________________________ by Atty.
_____________________________________ with
Passport No.

__________________________________, issued on
____________________________
at

___________________________________________.

Doc. No.____________; NOTARY PUBLIC

Page No. ____________; Commission Serial No.

_________________

Book No. ____________; Until December 31,

_____________________

_______________________
Series of 20__________. Roll of Attorney _

IBP No. _________________ / (Date of Issue) /

(Place

of Issue)
PTR No.
_________________ / (Date of Issue) /

(Place of Issue)
PETITION FOR ADOPTION

Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 15
Zamboanga City

IN RE: IN THE MATTER OF ADOPTION OF MINOR

MARLOU ROJAS AND CHANGE OF NAME TO
CLIFFORD SANTIAGO
SPECIAL PROCEEDING
NO. 8977

SPS. ABRAHAM D. SANTIAGO and ESTER A.

SANTIAGO,
Petitioners.

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

PETITION

COMES, NOW, THE PETITIONERS, thru their counsel, and unto this Honorable Court, most
respectfully allege the following, to wit:

1. That petitioners are both of legal age, Filipinos, married to each other, and residents of
#54 Lacandalo Drive, Sta. Maria, Zamboanga City;

2. That they desire to adopt the minor child named MARLOU ROJAS, who is male, three
years of age, Filipino, and likewise residing at #54 Lacandalo Drive, Sta. Maria, Zamboanga City;

3. That herein subject minor, was born at Zamboanga City Medical Center on December
5, 2012 to MARILOU ROJAS, unmarried, which proof of birth was duly registered in the Register
of Births of the Office of the Civil Registrar of Zamboanga City, for which a Certificate of Live Birth
was issued. A machine copy of it is herewith attached as Annex “A”;

4. That the minor child was admitted to the proper care and custody of the Department of
Social Welfare and Development (DSWD for brevity) by his biological mother together with referring
social worker, SARAH LIM of DWSD-Crisis Intervention Unit located in Sta. Barbara, Zamboanga
City on December 8, 2012. Subject child was referred to their office by the Medical Social Worker
of Zamboanga City Medical Center (ZCMC for brevity) after being initially assessed that the mother
cannot support the child with all his needs due to economic and health reasons;

5. That MARLOU was only 2 days old when he was brought for admission at the center.
He was born through normal delivery and assisted by DR. PIA CENTENO, Medical Officer III of
Zamboanga City Medical Center;

6. That during the interview of the child’s mother, it was found that the subject child’s mother
worked as a Guest Relation Officer (GRO) in Fantacy KTV bar along MCLL Highway, Guiwan, this
city, and his father could not be identified. No further details regarding his family background was
established due to the mother’s inconsistent answers to the questions. Moreover, the referring
social worker, MS. SARAH LIM worked out to submit child’s mother for assessment by psychiatrist
but the mother refused as she insisted to be mentally stable and healthy. Per collateral review on
the given address, it was found that the mother has several men whom she does not want to
identify. She has no relative living in the city.

7. That during the child’s admission in the center, the mother, was informed of the
placement status of the child and the center’s programs and services. She was also advised to
come and visit her son to determine her readiness to assume the role of parenting. Unfortunately,
the mother failed to fulfill such agreement. In fact, it was her first and last visit to her child has been
deprived of the love, care and attention from his biological mother since he was two (2) days old
up to the present;

8. That as per Child Study report, the DSWD has evaluated and recommended that the
minor child can be legally adopted to spouses ABRAHAM D. SANTIAGO and ESTER A.
SANTIAGO for the child’s best interest and welfare. A copy of said DSWD Child Study Report is
herein attached as Annex “B”;

9. THAT, MOREOVER, Petitioner is qualified to adopt the minor child above-named under
Articles 183-186 of the Family Code of the Philippines, as amended by the provisions of Republic
Act No. 9552, the Domestic Adoption of 1998;

10. That, in addition, the adoptive applicants have been married since June 16, 2007 but
they remain childless. The spouses decided to foster a child to whom they can give their love, car e
and affection. On January 10, 2014, Marlou Rojas from the Child Reception and Study Center for
Children at Talon-Talon, this city, was placed under their custody as foster child. Attached herewith
is a copy of the spouses’ Marriage Contract as Annex “C”;

11. That the DSWD in fact made a Child Study Report on the case of the subject minor
child and in that study report i.e. social diagnosis the minor deprived of parental love and care.
They maintained that it was the present custodian, who unselfishly provided them love and the best
opportunities to make the child fully accepted and loved by the family resulting to a positive parent -
child relationship;

12. That, on September 30, 2015, the subject minor was formally matched to Spouses
ABRAHAM and ESTER SANTIAGO. Last October 15, 2015, the corresponding AFFIDAVIT OF
CONSENT TO ADOPTION by DSWD was issued and herein attached and form part of the petition
as Annex “D”;

13. That herein petitioners has the capability and ability to extend to said minor the kind of
financial support that a parent can give to his child. ABRAHAM SANTIAGO is an Accounts Officer
in the Land Bank of the Philippines while the wife ESTER is a pre-school teacher at Ateneo de
Zamboanga University Grade School. Attached hereto are the employment identification cards of
petitioners as Annex “E” and “E-1”;

9. That it is for the best interest of said minor if they would be considered as child of herein
petitioners because his financial, spiritual, and emotional needs would be taken care of and hi s
future would be safeguarded. In fact, the couple owns a house located a safe neighborhood in Sta.
Maria. They also hired a nanny to take care of the subject minor while they are at work. Moreover,
the mother of Abraham lives with the spouses who loves the child as much as the spouses. With
that, the DSWD, in its Home Study Report, has strongly evaluated and recommended that the
Honorable Court approve the adoption of minor Marlou Rojas to Spouse Abraham Santiago and
Ester A. Santiago. A copy of the Home Study Report is herein attached as Annex “F”;

10. That the spouses are of good character, has no derogatory record whatsoever can be
attributed to them, are emotionally and psychologically capable of caring for the child, are more
than sixteen (16) years older that the subject minor sought to be adopted, are in position to support
and care said child in keeping with the means of the family. Attached herewith are copies of their
Police clearances as statements as Annexes “G” and “G-1”;

11. That, at present, the subject minor is now three (3) years old and has been with the
petitioners for two (2) years now. He has adjusted well in the atmosphere and environment of his
foster family. He is observed to be an active, healthy, sociable and affectionate child. Generally
speaking, his total growth and development is within the normal level which could be attributed to
the positive, alternative, and stimulating activities given by the foster family.

12. That the minor sought to be adopted does not own any real, personal, tangible and
intangible property; and
 13. That this adoption is for the best interest and security of the said minor if he would be
considered as true and legal child of herein petitioners and it will make his life normal, productive,
and good persons in the community;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to grant this
petition of Spouses Abraham and Ester Santiago for the adoption of Marlou Rojas and for the change of
the child’s name to Clifford A. Santiago.

Such other reliefs which the Honorable Court may deem just and equitable under the premises are
likewise prayed for.

RESPECTFULLY SUBMITTED.

City of Zamboanga, Philippines, January 7, 2016.

FATIMA SARPINA P. HINAY

Counsel for the Petitioners
MP Tower, Buenavista St.
Zamboanga City
ROLL NO. 87221 5-16-10
IBP NO. 896989 1-04-16
PTR No. 0927798 1-04-16
(Republic of the Philippines)
(City of Zamboanga ) S.S.
X- - - - - - - - - - - - - - - - - - - - - - - )

VERIFICATION AND CERTIFICATION

We, Spouses ABRAHAM D. SANTIAGO and ESTER A. SANTIAGO, both of legal age, Filipino
citizens, and residents of #54 Lacandalo Drive, Sta. Maria, Zamboanga City, under oath, depose and
state:

1. That we are the Petitioners in the above-mentioned case;

2. That we have caused the preparation of this Petition;
3. That we have read and understood its contents and affirm that they are true and correct to our
personal knowledge and based on authentic records; and,
4. That we hereby certify that there is no other case or special proceeding commenced or
pending before any court involving the same parties and the same issue and that should we
learn of such a case or special proceeding, we shall notify the court within five (5) days from
our notice.

IN WITNESS WHEREOF, we have signed this instrument on the 7th day of January 2016, in the
City of Zamboanga, Philippines.

ABRAHAM D. SANTIAGO ESTER A. SANTIAGO

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 7th day of January 2016, in the City of Zamboanga,
Philippines.
Doc. No. ___ FATIMA SARPINA P. HINAY
Page No. ___ Notary Public
MP Tower, Buenavista St.
Book N0. ___ Zamboanga City
Series of 2016 ROLL NO. 87221 5-16-10
IBP NO. 896989 1-04-16
 Republic of the Philippines
COURT
____th
Judicial Region
Branch ___
Davao City

THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.________________

Complainant,
FOR: ESTAFA
-versus-

NAME OF ACCUSED
Accused.
X---------------------------X
 MOTION TO REDUCE BAIL

UNTO THIS HONORABLE COURT, Accused, through counsel, most respectfully aver:

1. That Accused is presently detained at Police Station, ________ City, pending the hearing of this
case, and that this case has been raffled to this sala;

2. That the Resolution of the Honorable Office of the City Prosecutor has fixed the bail of the accused
at P20,000.00;

3. That the recommended bail for the offense of Estafa is P6,000.00, in accordance with the 2000 Bail
Bond Guide of the Department of Justice National Prosecution Service;

4. That accused is not affluent in life, being a mere employee with minimum wage;

5. That the bail recommended is tantamount to the denial of bail. Where the right to bail exists, it should
not be rendered nugatory by requiring a sum that is so excessive.

6. That accused is asking for the reduction of bail to P 10,000, which amount the accused can raise;

7. That accused is a good member of the community, and a resident of Davao City, and the probability
of flight is nil;

8. That accused has not been previously convicted of any crime and have no pending case in any
judicial or quasi-judicial body in the Philippines.

9. That accused will undertake to be present when this case is called in Court.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that the Honorable Court will allow
accused to post bail in the amount of P 10,000.00 for his provisional liberty during the pendency of this case.

Davao City, Philippines, _____________.

By:

ATTY. ____________________________
Counsel for the accused

NOTICE OF HEARING

THE CITY PROSECUTOR

City Prosecution Office
________________________
________________________

THE CLERK OF COURT

COURT
BRANCH __
CITY
Greetings:

Please submit the foregoing Motion for the consideration and approval of this Honorable Office on
________________ at __________o’clock in the morning or as soon as this may be heard.

ATTY. ______________________

Republic of the Philippines

6th Judicial Region
REGIONAL TRIAL COURT
Branch 57-San Carlos City

PETITION FOR BAIL OF: Special Proc. No. __________

REYNATO BULFA y Caburnay,

JESSICA PARCON y Magno,
JEROME PARCON y Magno,
JUDITH GENON y Sortigosa,
JOSEPH MAGNO y Carbaquel,
RAYMUNDA SALINAS y Mancao,
RONEL LOQUE y Razon,
JECTOPHER MADERAZO y Cataluña,
YOLANDO ESOGAN y Librando,
GEGIE ESOGAN y Paran,
JOEL JUNSAY y Balasoto,
CHRICEMAR GENON Y Sortigosa,
Petitioners
x------------------------------------------x

URGENT PETITION FOR BAIL

COMES NOW, the Petitioners, through the undersigned counsel, unto this Honorable Court, most
respectfully states that:

1. Records of the San Carlos City Police Station shows that in December 4, 2014, on or about 3:30 o’clock
in the morning, by virtue of a search warrant issued by Presiding Judge of RTC Branch 49 of Bacolod
City, herein Petitioners were apprehended by the elements of SOG NOPPO and NOPSC, ANNEX “A”;

2. That herein Petitioners were immediately placed under the custody of the San Carlos City PNP where
they continued to be detained as of this filing;

3. That as of the moment, no criminal complaint for alleged violation of PD 1602 was filed before the Office
of the City Prosecutor neither an Inquest Proceedings was ever conducted. In short, there is no case
that is filed yet before the Office of the City Prosecutor and or the proper court in connection with the
case;

4. The Petitioners are pleading the indulgence of this Honorable Court for the allowance of BAIL pending
the inquest proceedings and filing of the proper information against the Petitioners in court by the San
Carlos City Prosecutor’s Office pursuant to Paragraph (c), Section 17 of the Revised Rules on Criminal
Procedure which provides:

“(c) Any person in custody who is not yet charged in court may apply for bail with any court
in the province, city or municipality where he is held”

5. The Petitioners are heads of their respective families and on account of the impending landfall of another
super typhoon “Ruby”, they need to be released immediately to secure their respective families against
the apparent natural calamity;

6. That Petitioners faithfully undertake to submit themselves to the court or any government authorities
whenever their presence is required or necessary in connection with the instant case;

7. That the instant case is “BAILABLE” in nature thus Petitioners are qualified to apply for bail considering
that the main purpose for bail is to guarantee the appearance of the accused at the trial, or whenever so
required by the court (Yap, Jr. vs. CA, 358 SCRA 564);

8. That considering that no information was yet filed by the City Prosecutor’s Office of San Carlos City,
there is a need for this Honorable Court to fix the amount of bail bond for each of the Petitioner on
account of the crime by which they were apprehended;

9. That this instant Petition is not intended to delay proceedings of this case but for reasons above stated
particularly for humanitarian reasons;

PRAYER

WHEREFORE, PREMISES CONSIDERED, it is most respectfully prayed the following:

1. That the instant Petition be GRANTED and an Order be issued fixing the bail of the herein Petitioners in
accordance with the bail bond guide pending the filing of the proper Information in Court;

2. Issue an Order directing the Station Commander of San Carlos City Police Station, San Carlos City,
Negros Occidental and/or any authorities concerned, who are in ACTUAL CUSTODY of the Petitioners
to IMMEDIATELY RELEASE them upon posting of the bond fixed by this Honorable Court, unless they
are detained for some other legal charge or charges.

Other relief and remedies that are just and proper under the circumstances are likewise prayed for.

RESPECTFULLY SUBMITTED.
 Bacolod City, Philippines, December 4, 2014.

MALUNES, MAMPANG & MONTORO

LAW OFFICE
Counsel for the Petitioners
Room 202, Park Lane Building,
Hilado-Tindalo Ave., Bacolod City

BY:

ARIEL I. MALUNES
IBP Roll No. 51729
IBP No. 929358 - 01/6/14, Bacolod City
PTR No. 625612, 1/15/14- E.B. Magalona, Neg. Occ.
MCLE Compliance No. IV- 0022885

cc. San Carlos City

PNP

NOTICE OF HEARING

The Clerk of Court

RTC Branch 57, San Carlos City

San Carlos City PNP

Negros Occidental

Greetings!

Due to urgency, kindly set the foregoing petition for bail for the consideration and approval of this Honorable
Court immediately upon receipt hereof, without oral argument.

Thank you.

ARIEL I. MALUNES
 Republic of the Philippines

Department of Justice

National Prosecution Service

OFFICE OF THE CITY PROSECUTOR

________________ City

AFFIDAVIT OF DESISTANCE

I, Anne Lorraine Pongos Co, of legal age, Filipino, single and a resident of
______________________________________________ _________________________________________________, after
having been duly sworn to in accordance with law, depose and state THAT:

1. I am the private complainant in a criminal case for Reckless Imprudence Resulting to Damage to Property
against ______________________________________________________ docketed as IS No.
_________________________________ before the Office of the City Prosecutor, (City/Municipality and
Province);

2. In this regard, the accused has already paid the damage to our vehicle;

3. In view of the payment by the accused and considering that I was not injured, I would like to manifest that I
now completely and absolutely exonerate the accused from any liability in connection with the above-
mentioned criminal case and that I am no longer interested, and I hereby desist, in prosecuting the said
criminal case;

4. As such, I respectfully pray that the aforementioned case against

______________________________________________ be withdrawn and/or dismissed.

IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of _________________ 20______ in
the City of ___________________________, Philippines.
REPUBLIC OF THE PHILIPPINES )
QUEZON CITY, METRO MANILA ) S.S.
x---------------------------------------x

AFFIDAVIT-COMPLAINT

I, BRYAN VALDERAMA EGUIA, of legal age, Filipino and a resident of B168 L48 PII Mabuhay City, Mamatid
Cabuyao Laguna, after having been sworn to in accordance with law hereby depose and state:

1. That am accusing MR. KEVIN RABAGO a resident of ______________ of THEFT.

2. That on January 23, 2017, I was resting at our office’s lounge and eventually slept;

3. That on that same date, when I woke up, I realized that I had lost my Xperia X-Performance Black
64g, (herein after referred to as “Cellular Phone”) phone which I had placed at the end-side portion
of the double deck bed where I rested and slept;

4. As standard procedure, I verbally reported the incident to my team manager, and Operations
Manager and they promised to look into it;

5. February 7, 2017, a friend of mine, MARY GRACE JOYA noticed that our co-worker, KEVIN
RABAGO had a new phone which was very similar to the one I lost;

6. That on February 10, 2017 early in the morning, I confronted MRS. “JEN” RABAGO, the mother of
respondent KEVIN RABAGO, who was also a fellow co-worker about KEVIN RABAGO having
possession of a stolen phone;

7. That on February 10, 2017 around 5:30am in the morning, KEVIN RABAGO went to our station and
brought the phone in his possession;

8. At this juncture, myself, MR. EDGARSON DELA CRUZ, my team leader and KEVIN RABAGO
examined the IMEI of the cellular phone to check its identity and verify if its IMEIs matches my lost
phone’s IMEIs which are all indicated in the (1) Warranty Receipt and (2) Product Box in my
possession;

9. Upon checking the phone’s IMEIs, we found out that it was a complete match;

IMEI1: 358096072063585
IMEI2: 358096072063593

10. When we asked KEVIN RABAGO why he stole my cellular phone, he denied stealing the same, and
argued that he won the said phone in a computer tournament, furthermore he refused to return the
cellular phone to me;

11. Respondent KEVIN RABAGO, despite my objection, asked us to allow to him to get the box and
show proof that he indeed won the said cellular phone in a contest, however he never returned nor
did he show proof of his rightful possession of my cellular phone;

12. Later on, he informed me that he had lost the cellular phone;

THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force upon things, shall take personal property
of another without the latter’s consent.

Theft is likewise committed by:

Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner;

13. That attached hereto as Annexes to prove the elements of the crime of theft:

“A” – Warranty Receipt of the stolen phone indicating the name of the buyer and its respective IMEIs
(International Mobile Equipment Identity);
 “B” – Sworn Affidavit of Team Leader EDGARSON DELA CRUZ, to prove and attest that the IMEI
of cellular phone in possession of KEVIN RABAGO matches the IMEI of the cellular phone I bought;

“C” - Signed statement of EDGARSON DELA CRUZ dated March 29, 2017;

“D” – Incident Report dated February 6, 2017 which I sent to our operations manager to report that
a fellow co-worker saw KEVIN RABAGO in possession of a cellular phone which was very similar to
the one stolen from me;

“E”- Photographs of the stolen phone;

“F” – Photographs of the Product Box, indicating the IMEIs of my cellular phone, to prove the phones
unique identity.

That I am executing this Complaint-Affidavit for the purpose of filing the complaint for THEFT against MR.
KEVIN RABAGO.

IN WITNESS WHEREOF, I have hereunto set my hand this ____day of April 2017, in Quezon City, Philippines.

BRYAN VALDERAMA EGUIA

Complainant/Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of April, 2017, in Pasig City, Philippines, and
hereby certify that I have personally examined the Affiant and I am satisfied that he voluntarily executed and
understood his complaint affidavit

Assistant City Prosecutor

 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
6th JUDICIAL REGION
BRANCH______, ILOILO CITY

PEOPLE OF THE PHILIPPINES,

-versus – CRIMINAL CASE NO. 10-1236

MELISSA L. DATUYON, For: QUALIFIED THEFT

Accused

X ------------------------------------------------ X

INFORMATION

The undersigned accuses MELISSA L. DATUYON of the crime of the THEFT, committed as follows:

That on or about September 21, 2013 in the City of Iloilo, within the jurisdiction of this court, the accused did,
then and there, willfully, unlawfully, feloniously, with intent of gain and without the consent of the owner thereof, take,
steal, and carry away the following personal property belonging to one, GARLIT O. PEREZ to wit: MITZUBISHI
LANCER 2011 MODEL, of the total value of 600,000, Philippine currency:

CONTRARY TO LAW.

MARVIN H. TALEON II
Assistant City Prosecutor

CERTIFICATION AS TO CONDUCT OF INQUEST

I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of
his rights, refused to waive the provisions of Article 125 of the Revised penal Code and, for this reason, an Inquest
was conducted; that based on the complaint and the evidence presented before me without any countervailing
evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that the
accused has committed the crime of theft and should thus, be held for said crime; that this Information was with
prior authority of the City Prosecutor.

MARVIN H. TALEON II
Assistant City Prosecutor

SUBSCRIBED AND SWORN TO BEFORE ME this 22 nd day of September 2013 in Iloilo City.

JOMMEL Q. ALERTA
City Prosecutor

No Bail recommended
 SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

WE, _________, of legal age, Filipino, married, a resident of_______________, Philippines, do by this
presents hereby name, constitute and appoint_______________, likewise of legal age, Filipino, married, a resident
of, _____________City to be my true and lawful Attorney-in-fact, for me and in my name, place and stead, and for
my own use and benefit, to do and perform all or any of the following acts and things, to wit:

1. To purchase a parcel of land located in Brgy. Pasil with TCT. No 1234;

2. To sign the Deed of Absolute Sale and other pertinent document relative to the purchase of
the abovementioned property;

3. To perform all other acts necessary to carry out the above purpose and to administer my
property in my behalf.

HEREBY GIVING AND GRANTING unto my said Attorney-in-fact full power and authority to do and perform
all and every act and thing whatsoever requisite and necessary to be done in and about the premises, hereby ratifying
and confirming all that my said Attorney-in-fact shall lawfully do and cause to be done by virtue of these presents.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ______ of ____________, 200_ at Cebu
City, Philippines.

____________________

Grantor/Principal

With my conformity:

___________________

Grantee/Agent

SIGNED IN THE PRESENCE OF:

____________________________ ____________________________
REPUBLIC OF THE PHILIPPINES)

CITY OF CEBU) S.S.

ACKNOWLEDGMENT

BEFORE ME, Notary Public in and for the City aforesaid this ___ of _______, 200__personally appeared
_____________with Passport No. ___________ issued on _________________ at _____________________,
evidencing competent identity of the person executing this instrument and which she is known to me and to me
known to be the same person who signed and executed the foregoing instrument and acknowledged to me that the
same is his own free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.

Doc. No. _________;

Page No. _________; NOTARY PUBLIC

Book No. _________;

Series of 200___.
 SPECIAL POWER OF ATTORNEY – TO APPEAR IN COURT

KNOW ALL MEN BY THESE PRESENTS:

I, _______________________, of legal age, Canadian National, widow, resident of 3483-156th Street, South
Surrey, do hereby name, constitute and appoint ATTY. MAE ELAINE T. BATHAN and/or BATHAN ASSOCIATES
Law firm, to be my true and lawful attorney-in-fact, for me and in my name, place and stead, to do and perform the
following acts and things to wit:

1. To represent me before Regional Trial Court of Balayan Batangas, its agencies and subsidiaries in
relation to the case for Partition and/or Termination of Co-ownership docketed as Civil Case No. 4617-A

2. To file the necessary Special Proceeding case for the allowance of the Last Will and Testament,
executed by my late husband, __________________ which was Probated and Allowed in the courts of British
Columbia, Canada;

3. To file any civil, criminal or administrative case against Modesto Villarivera Rubio for accounting,
payment, specific performance, damages for failure to render accounting and turnover proceeds of the income of the
property owned by my late husband _____________________.;

4. To endorse, sign any and all pleadings where necessary including the Verification and Certification
of Non-Forum Shopping; To appear in my behalf in the above mentioned case pending and cases to be filed during
the Pre-trial, Mediation, Trial and all other proceedings relative to the aforesaid case; To submit evidence both
testimonial and documentary, where necessary; To sign and enter into stipulation of facts, amicable settlement,
compromise agreement, submit to alternative modes of dispute resolution, simplification of issues and to do any and
all other acts necessary and advantageous to my case.

5. To receive the amount to be awarded lieu of my claim including damages and to sign receipt of such
document and thereafter turnover such amount to my account;

6. To transact, inquire with, negotiate, withdraw, deposit, request for statement of account, sign any
and all documents with Bank of the Philippine Islands Alabang Branch in my Savings Account No. ______________

7. To do any and all acts necessary so as to give full effect to the foregoing authorities stated.

HEREBY GIVING AND GRANTING unto said attorney-in-fact full power and authority requisite, necessary
or proper to be done in and about the premises as fully to all intents and purposes as I might or could lawfully do if
personally present, and hereby ratifying and confirming all that my said attorney-in-fact or her substitute shall lawfully
do or cause to be done under and by virtue of these presents.
 IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of December, 2008.

____________________

Principal

SIGNED IN THE PRESENCE OF:

________________________ ________________________

REPUBLIC OF THE PHILIPPINES]

CITY OF CEBU ] S.S.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public this _______ of December, 2008 at the City of Cebu, personally appeared
AURORA SISON MANZANO with her Passport No. ____________ issued on ________________ at _________;
known to me the same person who executed the foregoing Special Power of Attorney for which she acknowledge to
be her personal voluntary act and deed.

WITNESS MY HAND AND SEAL on the and place first above written.

Doc No. ________; NOTARY PUBLIC

Page No. _______;

Book No. _______;

Series of 2008.
 CHATTEL MORTGAGE

KNOW ALL MEN BY THESE PRESENTS:

I, ( N a m e of M or t g a g o r ) of legal age, single/married to____________________ with postal

address at _____________________________hereinafter known as the MORTGAGOR, and
_________________________________ of legal age, single/married to ______________________ with postal address at
_______________________________ hereinafter known as the MORTGAGEE, witnesseth:

That the MORTGAGOR is indebted unto the MORTGAGEE in the sum of (Amount in Words)
(000,000.00), Philippine Currency, receipt of which is acknowledged by the MORTGAGOR upon the signing of this
instrument, payable within a period of _____ years, with interest thereon at the rate of (___) % per annum;

That for, and consideration of , this indebtedness, and to assure the performance of said obligation to pay,
the MORTGAGOR hereby conveys by way of CHATTEL MORTGAGE unto the MORTGAGEE, his heirs and
assigns, the following personality now in the possession of said MORTGAGOR

MAKE : MOTOR NO. :

SERIES : SERIAL/CHASSIS NO. :
TYPE OF BODY : PLATE NO. :
YEAR MODEL : FILE NO. :

That the condition of this obligation is that should the MORTGAGOR perform the obligation to pay the hereinabove cited
indebtedness of (Amount in Words) (000,000.00) together with accrued interest thereon, thischattel mortgage shall at once
become null and void and of no effect whatsoever, otherwise, it shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands, this ____day of ____________ 20___ at
____ Philippines.

_______________________________ _______________________________
MORTGAGOR MORTGAGEE

IN THE PRESENCE OF:

_______________________________ _______________________________

ACKNOWLEDGEMENT

Republic of the Philippines)

________________________ ) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Issued

(Name of Mortgagor) 10000000 Jan 01, __ / Quezon City

(Name of Mortgagee) 10000000 Jan 11, __ / Las Pinas City

Known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL, on the date and place first above written.
 Notary Public

Doc. No.______;
Page No. ______;
Book No.______;
Series of 20__.

Note: Chattel mortgages requires an Affidavit of Good Faith attached to it -sample below:

AFFIDAVIT OF GOOD FAITH

We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we
executed the foregoing Chattel Mortgage in order to secure the indebtedness therein and for no other
purpose or purposes contrary to law.

____________________________ _____________________________
MORTGAGOR MORTGAGEE

Republic of the Philippines

 National Capital Judicial Region
METROPOLITAN TRIAL COURT
Quezon City, Branch 32

Alabaster Graves,
Plaintiff-Appellant,
Criminal Case No. 01-975413
- versus -

Richter Belmont,
Defendant-Appellee,
x-----------------x

MOTION FOR BILL OF PARTICULARS

Defendant, through the undersigned counsel and unto this Honorable Court, respectfully avers:

1. That the plaintiff's complaint in paragraph 5 alleges:

"From August 3 to December 2013, defendant never paid anything to herein

plaintiff. The check that he issued as partial payment for the first month also
bounced. x x x"; (underscoring supplied)

2. The said allegation is not averred with sufficient definiteness and particularity, specifically it does not mention

the amount of the check therein mentioned, its check number, date, and the drawee bank;

3. That a more definite statement on the matters as above-indicated is necessary in order to enable the

defendant to prepare its responsive pleading because from the very onset of this controversy, the main

dispute was on what was actually and exactly agreed upon by the parties as the amount of monthly rentals

on the lease of plaintiff's property;

4. However, due to the fact that defendant corporation had to transfer its liaison offices depending on its project

sites, the check stub where the above-mentioned check came from was probably misplaced and could no

longer be found;

5. That a bill of particulars or a more definite statement as to particulars of the said check which was allegedly

issued by the defendants as partial payment for the first month would definitely simplify the issues in this

case, and hopefully simplify the negotiations between the parties for an amicable settlement.

PRAYER

WHEREFORE, defendant most respectfully prays that an order be issued by this Honorable Court requiring

the plaintiff to make more definite statement as to the particulars of the check mentioned in paragraph 5 of his

complaint, particularly stating its amount, check number, date, and the name of the drawee bank.

Quezon City, Philippines, January 23, 2014

ATTY. ROMMELITO FRANCISCO MACARAYO

counsel for the defendant
13-69 Barracks Building, Marikina
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
 Roll No. 99998
MCLE Exempt
(Admitted to the bar: April 6, 2012)

NOTICE OF HEARING

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City

Greetings! Please take notice that the foregoing Motion for Bill of Particulars shall be submitted for the
consideration and approval of the Honorable Court on Friday, January 24, at 10:00 AM or as soon as counsel and
matter may be heard.

Atty. Rommelito Francisco Macarayo

EXPLANATION

The foregoing Motion for a Bill of Particulars is being filed with this Honorable Court and served on the
opposing counsel by registered mail in view of the impracticability of personal filing and service due to distance
considering that the office of this Honorable Court is at Quezon City and that of the opposing counsel is at Mabalacat
City, while undersigned counsel holds office in Marikina.

Atty. Rommelito Francisco Macarayo

COPY FURNISHED:

Atty. Ezekiel Razon

Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City
 Republic of the Philippines
Regional Trial Court
Branch ___, Manila

Juan Dela Cruz,

Plaintiff,

-versus – Civil Case No. ______

For: Collection of Sum of Money
Juana Dela Cruz,
Defendant,

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

MOTION FOR NEW TRIAL

COMES NOW, the defendant, through counsel, respectfully that:

1. The judgment of this court in the above-entitled case was served on him on May 10, 2012,
which was obtained by plaintiff through FRAUD;

2. Since then, defendant, discovered new evidence, which he could not, with reasonable
diligence have discovered and produced at the trial and if considered would alter the outcome of
the case;

3. The above-mentioned discovered evidence consists in the following, to wit two letters stating
that the said obligation has been paid including the interest set forth in the first promissory note
signed;

4. That the affidavits of X and Y(and/or, the following documents) are attached hereto as
Annexes “A”, “B”, etc., to substantiate the aforementioned newly-discovered evidence;

5. That said newly-discovered evidence, if presented this case, would alter the result of the
decision of the Honorable Court.

WHEREFORE, defendant prays that the judgment in this case be set aside and a new trial be
ordered for the reception of the newly-discovered evidence mentioned above.

Other relief and remedies as may be deemed just and equitable under the premises are
likewise prayed for.

Manila, May 16, 2012.

Atty. ABC
Counsel for the Defendant
36 P. Campa, Sta. Cruz, Manila
IBP No.: 12345/020506/Manila
PTR No.: 12345/020508/Manila
Roll No.: 12345
MCLE No. III – 0019263-01-10-10
 NOTICE OF HEARING

To: ATTY. CDE

Counsel for the Plaintiff

GREETINGS!

Please submit the foregoing MOTION FOR NEW TRIAL for the consideration and
approval of the Honorable Court on May 20, 2012 at 9:00 in the morning.

ABC

VERIFICATION
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA ) S. S.

I, Juana dela Cruz, of legal age, Filipino citizen, married, and resident of 12-B Marcelino St.
Sta. Cruz, Manila, after having been duly sworn to in accordance with law do hereby depose
and say:

1. That I am the defendant in the above- entitled case;

2. That I have caused the preparation of the foregoing Motion for New Trial and have read the
allegations contained therein;
3. The allegations in the said complaint are true and correct of my own knowledge and authentic
records.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of May,
2012, in the City of Manila.

Juana dela Cruz

SUBSCRIBED AND SWORN to before me this 13th day of May 2012, in the City of Manila,
affiant exhibiting to me her Driver’s License No.: 12345 issued at LTO, Manila on December 16,
2011.
Atty. ABC
Notary Public for Manila
36 P. Campa, Sta. Cruz, Manila
Commision No. 12,
Until December 12, 2012
IBP No.: 12345/020506/Manila
PTR No.: 12345/020508/Manila
Roll No.: 12345
MCLE No. III – 0019263-01-10-10
Series No. of Commission M-123
Doc. No.: ___;
Page No.: ___;
Book No.:___;
Series of 2012
CC: Atty. CDE
Counsel of the Plaintiff
23 Hidalgo St. Sta. Cruz, Manila

EXPLANATION OF SERVICE

Copy of the MOTION FOR NEW TRIAL was served to Plaintiff’s counsel by registered mail due
to time and distance constraints, and for lack of the undersigned’s staff who can serve the same
in person.
ABC
NOTES:

Motion

What is a motion?
- Application of relief other than a petition
- Oral/written

1. Caption
2. Rule 15 Sections 4, 5, 6

SECTION 4. Hearing of motion. — Except for motions which the court may act upon without
prejudicing the rights of the adverse party, every written motion shall be set for hearing by the
applicant. Every written motion required to be heard and the notice of the hearing thereof shall be
served in such a manner as to ensure its receipt by the other party at least three (3) days before the
date of hearing, unless the court for good cause sets the hearing on shorter notice. (4a) wmeLme

SECTION 5. Notice of hearing. — The notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of the hearing which must not be later than ten
(10) days after the filing of the motion. (5a)

SECTION 6. Proof of service necessary. — No written motion set for hearing shall be acted upon
by the court without proof of service thereof.

3. Scheduled within 10 days

4. Adverse party to receive within 3 days before hearing

Two kinds of motion:

1. Litigated
2. Ex parte

Bill of Particulars
- Petition is vague and to clearly state the information

Motion for New Trial

- FAME with affidavit of meritorious defense

SPA
- Name, Appoint, Constituting
- Acknowledgment

SPA to appear in court

1. Rule 18 Section 4

SECTION 4. Appearance of parties. — It shall be the duty of the parties and their counsel to
appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is
shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter
into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into
stipulations or admissions of facts and of documents.

a. Amicable settlement
b. ADR
c. Stipulation / Admission of Facts / Docs
 2. Acknowledgment

Chattel Mortgage

1. Conveys/Mortgages
2. Affidavit of Good Faith
3. Acknowledgment

Information
- Courts jurisdiction
- Always willfully, unlawfully and feloniously
- Always contrary to law
- Number of witnesses to be presented
- Recommended bail
o Depends on value of property (property, surety, cash bond)

Petition for Bail

- No bail fixed

Motion to reduce bail

- There is a fixed amount of bail
- State the good grounds:
o Financial capacity
o Health, age, sex of the accused
o Penalty less than 6 years
o Probability of flee and not attending trial

Affidavit of Desistance
- Same format as affidavit
- Affiant is client of the prosecution
- Not forced
- To whom: judge, prosecutor

Foreclosure of mortgage
- Material dates
- Documentary evidence (contracts of mortgage)

Complaint for Theft

- Elements of theft under Article 308 of the RPC
(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or
intimidation of persons or force upon things.

- Affidavit format
- Jurat – notary public allowed but better if subscribed by the prosecutor