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;
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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 DWSDCrisis 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.
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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, care 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; 3
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 his 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.
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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.
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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 1-0416
(Republic of the Philippines) (City of Zamboanga ) S.S. X- - - - - - - - - - - - - - - - - - - - - - - )
VERIFICATION AND CERITIFICATION 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, 6
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 SANTIAGO Affiant
ESTER
A.
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 Book N0. ___ MP Tower, Buenavista St. Series of 2016 Zamboanga City ROLL NO. 87221 5-16-10 IBP NO. 896989 1-04-16
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