special proceedings

26
SPECIAL PROCEEDINGS 1.PETITION FOR CHANGE OF NAME 2. PETITION FOR CORRECTION OF ENTRY IN A BIRTH CERTIFICATE 3. PETITION FOR DECLARATION OF PRESUMTION OF DEATH 4. PETITION FOR GUARDIANSHIP 5. PETITION FOR HABEAS CORPUS 6. PETITION FOR VOLUNTARY RECOGNITION OF A MINOR 7.PETITION FOR ADOPTION PETITION FOR ADMINISTRATION

Upload: honorio-bartholomew-chan

Post on 18-Jan-2016

22 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Special Proceedings

SPECIAL PROCEEDINGS

1.PETITION FOR CHANGE OF NAME

2. PETITION FOR CORRECTION OF ENTRY IN A BIRTH CERTIFICATE

3. PETITION FOR DECLARATION OF PRESUMTION OF DEATH

4. PETITION FOR GUARDIANSHIP

5. PETITION FOR HABEAS CORPUS

6. PETITION FOR VOLUNTARY RECOGNITION OF A MINOR

7.PETITION FOR ADOPTION

PETITION FOR ADMINISTRATION

Page 2: Special Proceedings

1.PETITION FOR CHANGE OF NAME

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

BRANCH 24Baguio City

In the Matter of change of nameof ADOLF HITLER to ADOLF CRUZ. SP. PROC. NO. ____

ADOLF HITLER, Petitioner.

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

PETITION

PETITIONER, by counsel and to this Honorable Court, alleges:

1. Petitioner is of legal age, single and with residence at Bakbakan, Baguio City.

2. Petitioner was born on October 11, 1988 and his father’s name was JIM HITLER, while his mother’s name was EMILY CRUZ. His birth certificate showed that the name given as ADOLF HITLER, true copy of which is attached hereto as Annex “A”. His school records until he finished high school carried the name of ADOLF HITLER.

3. Petitioner has no alias name.

Page 3: Special Proceedings

4. The family name, which he carries, “HITLER”, taken together with his first name bear is similar to the name of the infamous Leader of the NAZI party who committed numerous atrocities , which has evoked derisive laughter among his schoolmates and neighbors and has caused him embarrassment, in his social and school dealings.

5. Petitioner desires to change his name from ADLOF HITLER to ADOLF CRuZ, which is the surname of his mother, to avoid derisive laughter among his playmates and schoolmates in high school and prevent embarrassment, as he now intends to further his studies in college, and, after college, to marry and go into business.

WHEREFORE, petitioner prays that after notice, publication, and hearing, judgment be rendered changing petitioner’s name from ADOLF HITLER to ADOLF CRUZ.

Baguio City, Philippines, February 13,2014.Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

Copy furnished: (Through registered mail).

Civil Registrar of Baguio CityNew Lucban, Baguio City

Office of the CITY PROSECUTORJustice Hall, Baguio City

EXPLANATION

Page 4: Special Proceedings

2. PETITION FOR CORRECTION OF ENTRY IN A BIRTH CERTIFICATE

REGIONAL TRIAL COURTFRIST JUDICIAL REGION

BRANCH 1BAGUIO CITY

IN THE MATTER OF THE PETITION FOR THE CHANGE OF NAME AND/OR CORRECTION OF ENTRY IN THE                             CERTIFICATE OF LIVE BIRTH OF BABY BOY A. GARCIA, BABY BOY A. GARCIA also known as SPECIAL PROCEEDINGSRENZ A. GARCIAPetitioner. Case No. ___x----------------------------------------------------------------x

PETITION FOR CHANGE OF NAME

WITH UTMOST DUE RESPECT TO THE HONORABLE COURT.

Petitioner, by and through the undersigned counsel, with sufficient cause, hereby avers that:

1. Petitioner RENZ A. GARCIA is of legal age, married, Filipino citizen and a resident of #69 Irisan, Baguio City;

2. Petitioner was born on July 10, 1981 in Baguio City to the spouses Johnny H. Garcia and Demetria L. Garcia;

3. The fact of petitioner’s birth was reported and recorded in the Office of the Local Civil Registrar of Baguio City.  A photocopy of his Certificate of Live Birth is hereto attached as Annex “E” and made an integral part hereof;

Page 5: Special Proceedings

4. In his Certificate of Live Birth, particularly under entry No. 8 (“Name of child”), petitioner’s first name as indicated therein was erroneously entered as “BABY BOY”, instead of his supposed correct name which should have been RENZ;

5. As a consequence of the erroneous entry with respect to petitioner’s first name, inconvenience, difficulty and confusion would continuously crop up against him in so far as his identity, relationship with his relatives and in his dealings with third person as well as his personal, professional and business transactions;

6. Petitioner, however, has been using as his first name, RENZ, in all his school, professional and business records and in signing any document as well as in representing himself to third persons;

7. In order therefore to set Petitioner’s Certificate of Live Birth in conformity with his correct and true identity; an Order of the Honorable Court is therefore needed to effect the necessary changes in his Certificate of Live Birth.

 

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

of this Honorable Court that after due notice and hearing, to render

a judgment:

 

DIRECTING THE LOCAL CIVIL REGISTRAR OF BAGUIO CITY

TO EFFECT THE CORRESPONDING CORRECTION IN THE ENTRY

APPEARING IN HIS CERTIFICATE OF LIVE BIRTH BY CHANGING

HIS FIRST NAME FROM “BABY BOY” TO “RENZ”.

 

Such other reliefs and remedies which may be just and equitable under the circumstances are likewise prayed for.

Baguio City, Philippines. February 15, 2014.

Page 6: Special Proceedings

Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

Copy furnished: (Through registered mail).

Civil Registrar of Baguio CityNew Lucban, Baguio City

Office of the CITY PROSECUTORJustice Hall, Baguio City

EXPLANATION

3. PETITION FOR DECLARATION OF PRESUMTION OF

DEATH

Republic of the PhilippinesFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 5Baguio City

RE:Petition for Declaration of Presumption of Death ofMcdo A. Burgers

SP. PROC. NO. ___

Page 7: Special Proceedings

Jollibee B. Burgers, Petitioner.

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

PETITION FOR DECLARATION OF PRESUMPTIVE DEATH

Petitioner, by counsel and to this Honorable Court, alleges that:

1. The petitioner is of legal age, Filipino citizen, and a residence and postal address at #69 Irisan, Baguio City where she may be served with summons and other court processes;

2. The petitioner and her husband, Mcdo A. Burgers, were married to each other, on November 26, 1992, before Fr. James Desmet, CICM, at the Saint William the Hermit, Roman Catholic Church, San Fernando City; Attached herewith, marked as Annex “A” and made an integral part of this petition is a copy of the marriage certificate;

3. Out of the said marriage, children were born, to wit:

NICOLE MAE B. BURGERSBorn on January 8, 1994 at Baguio City

BRYAN B. BURGERSBorn on November 7, 1996 at Baguio City

- and -

JOSHUA MARTIN B. BURGERSBorn on November 8, 1998 at Baguio City

(Attached herewith, are the birth certificates of said children correspondingly marked as Annex “B”, Annex “C” and Annex “D”);

4. The petitioner’s husband left the conjugal abode sometime in 1999 and no news about said respondent had been received since then;

Page 8: Special Proceedings

5. The common children have since been legally adopted by the petitioner’s parents who are U.S. citizens and have been living in the United States since their respective adoptions were granted;

6. The petitioner has exhausted all possible means as mandated by law to ascertain the whereabouts of her husband but to no avail;

7. Given the lapse of time since the last news or sighting of the petitioner’s husband, the latter may now be declared legally dead for all intents and purposes;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, that after due notice and hearing, a decision be rendered:

a. Declaring that the petitioner’s husband, MCDO A. BURGERS be declared PRESUMPTIVELY DECEASED for all legal intents and purposes;

b. That petitioner be given such other reliefs and remedies which may be just and equitable under the circumstances.

Baguio City, Philippines. February 17, 2014.

Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

Copy furnished: (Through registered mail).

Page 9: Special Proceedings

Civil Registrar of Baguio CityNew Lucban, Baguio City

Office of the CITY PROSECUTORJustice Hall, Baguio City

EXPLANATION

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

4. PETITION FOR GUARDIANSHIP

Republic of the PhilippinesFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 7PANGASINAN

IN RE: IN THE MATTER OFTHE GUARDIANSHIP OF AN INCOMPETENT PEPITO A. SANCHEZ

Sp. Proc. No. ________MICHAEL SANCHEZ,

Petitioner.x---------------------------------------------------------------x

PETITION

Petitioner, through the undersigned counsel and before this Honorable Court, states that:

Page 10: Special Proceedings

1. Petitioner is of legal age, a Filipino citizen, single and a resident of #1 Anda, Pangasinan

2. PEPITO A SANCHEZ, whom guardianship is prayed is a 58-year-old person suffering from severe cerebral palsy, and a resident of Anda, Pangasinan, attached herewith is the medical certificate marked as Annex “A”;

3. PEPITO SANCHEZ due to the Cerebral Palsy, Which is a Permanent physical disorder cannot, without outside aid, take care of themselves and manage their property, becoming thereby an easy prey for deceit and exploitation.

4. The names and residences of the relatives of PEPITO SANCHEZ are the following:

NAME RELATION RESIDENCE

RUSSEL SANCHEZ BROTHER ANDA PANGASINAN

KEITH SANCHEZ BROTHER ANDA PANGASINAN

ALLEN SANCHEZ BROTHER ANDA PANGASINAN

BEN ILAO Jr. HALF-BROTHER AURORA HILL, BAGUIO

JACK ILAO HALF-BROTHER AURORA HILL, BAGUIO

MICHAEL SANCHEZ UNCLE ANDA PANGASINAN

5. PEPITO SANCHEZ has an estate of one-fourth undivided share of a parcel of land with an area of 4 hectares (Assessed value: P24,000.00) and covered by Transfer Certificate of Title No. T - 45678 acquired through inheritance from his departed father PEDRO SANCHEZ and mother GENOVEVA ILAO.

6. Letters of guardianship over the person and properties are prayed for by petitioner, who is the Uncle of the incompetent, and has been entrusted his care by his father.

P R A Y E R

Page 11: Special Proceedings

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, that after due notice and hearing, the petitioner be appointed guardian over the person and properties of PEPITO SANCHEZ and that corresponding letters of guardianship be issued in his favor.

Such other reliefs and remedies which may be just and equitable under the circumstances are likewise prayed for.

Baguio City, Philippines. February 13, 2014.

Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

Copy furnished: (Through registered mail).

Civil Registrar of Baguio CityNew Lucban, Baguio City

Office of the CITY PROSECUTORJustice Hall, Baguio City

EXPLANATION

5. PETITION FOR HABEAS CORPUS

Republic of the Philippines FIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 2Baguio City

MAGI SIMPSON,Two (2) years of age,

Page 12: Special Proceedings

Represented by her mother,MARGE SIMPSON, S.P. No._______Petitioner, For: HABEAS CORPUS

-versus-

HOMER SIMPSON and GRANMA SIMPSON,Respondents.x-------------------------------------------------------------x

P E T I T I O N

COMES NOW the petitioner, represented by her mother, MARGE SIMPSON, through her undersigned counsel and unto this Honorable Court most respectfully states that:

1. The petitioner is a minor, two years of age, and under the legal custody of and residing with her mother MARGE SIMPSON at #69 Irisan, Baguio City while the respondents are of legal age and are residing at Number 53-A Trancoville, Baguio City where they may be served with processes;

2. The petitioner is the legitimate child of MARGE SIMPSON with the respondent HOMER SIMPSON;

3. Due to several attempts made by respondent HOMER SIMPSON on the life of his wife MARGE SIMPSON, the parties have separated with the minor child remaining in the custody of her mother;

4. The legal custody of the said minor, being under five years of age, is vested in MARGE SIMPSON;

5. On December 20, 2012, at about 2:30 in the afternoon, the respondent HOMER SIMPSON, resorting to ruse and trickery, abducted with the petitioner surreptitiously, leaving MAGI SIPMSON in a mall at Magsaysay Avenue, Baguio City, without returning the said minor to the custody of her mother;

6. The petitioner, in whose behalf this application is being made, is actually restrained of her liberty by the respondent HOMER SIMPSON in the residence of his mother GRANMA SIMPSON who has knowledge that her son is continuously restraining the petitioner;

7. The petitioner is a child in a very delicate state of health and can easily get sick without special care and attention;

Page 13: Special Proceedings

8. The petitioner has exhausted all means allowed by law, and that she has no other plain, speedy or adequate remedy to protect her rights except by application for a writ of Habeas Corpus.

P R A Y E R

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court, that a Writ of Habeas Corpus be issued, directed to the respondents HOMER SIMPSON and GRANMA commanding them to have the body of the minor, MAGI SIMPSON before this Court at the time and place specified therein, and to summon the said respondents then and there, to appear and to show the cause of the detention of the said petitioner, and that after due proceedings, the said minor, MAGI SIMPSON be discharged from restraint.

Such other reliefs and remedies which may be just and equitable under the circumstances are likewise prayed for.

Baguio City, Philippines. February 13, 2014.

Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

6. PETITION FOR VOLUNTARY RECOGNITION OF A MINOR

Republic of the PhilippinesFIRST JUDICIAL REGIONREGIONAL TRIAL COURT

BRANCH 6

Page 14: Special Proceedings

Baguio City

In the Matter ofVoluntary Recognition of Minor ChildMAGI SIMPSON,

SPECIAL PROCEEDINGS

NO. _____

HOMER SIMPSON and MARGE SIMPSON, Petitioners.

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

P E T I T I O N

WITH UTMOST DUE RESPECT TO THE HONORABLE COURT.

Petitioners, by and through the undersigned counsel, with sufficient cause, hereby avers that:

1. Petitioners are of legal age, Filipino Citizens and with residence at #69 Irisan, Baguio City;

2. HOMER SIMPSON is the natural father of the child MAGI SIMPSON, who is 7 years of age and lives with him and his wife MARGE SIMPSON, at the indicated address and who, since birth, has been living with them at the above indicated address. Petitioner and his wife have continuously recognized the child as their legitimate child since birth, introduced him to other persons as their child, and enrolled him as their child in the kindergarten and in the elementary school as his legitimate child. The child has been part of any and all family gatherings;

3. The natural mother of the child, LISA SIMPSON died during giving birth to the child on January 30, 2006. Attached hereto is a copy of the Death Certificate of Ms. LISA SIMPSON marked as Annex “A”;

4. That the petitioner, HOMER SIMPSON was never legally married to Ms. KIM MUSTAFA as there are no records in the Local Civil Registrar that show that the petitioner was married prior to his current marriage to Ms. MARGE SIMPSON. Attached hereto is a certification by the Local Civil Registrar marked as Annex “B”;

Page 15: Special Proceedings

5. The names and residences of those who acknowledged the child, apart from herein petitioners, and their compulsory heirs, are as follows:

APU NAZARIM - #70 Irisan, Baguio CityEDWARD BURNS - #65 Irisan, Baguio

City

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that after due notice and hearing, to render a judgment approving the voluntary recognition of MAGI SIMPSON as the natural child of the petitioners.

Such other reliefs and remedies which may be just and equitable under the circumstances are likewise prayed for.

Baguio City, Philippines. February 13, 2014.

Respectfully submitted.

_________________Counsel for the petitioner

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING AND JURAT

Copy furnished: (Through registered mail).

Civil Registrar of Baguio CityNew Lucban, Baguio City

Office of the CITY PROSECUTORJustice Hall, Baguio City

EXPLANATION

Page 16: Special Proceedings

7. PETITION FOR ADOPTIONRepublic of the Philippines

REGIONAL TRIAL COURT, BRANCH 9(FAMILY COURT FOR BENGUET PROVINCE)

FIRST JUDICIAL REGIONLa Trinidad, Benguet

IN THE MATTER OF PETITION FOR THE ADOPTION OF MINOR SPECIAL PROCEEDINGSJOHN M. IRANDA.

CASE NO. ____________JOHAN P. DOHOW andJHAYNE P. DOHOW,

Petitioners.X - - - - - - - - - - - - - - - - - - - - - - - - - -X

PETITION

COME NOW the petitioners through counsel, unto this Honorable Court, most respectfully allege:

1. That petitioners are husband and wife, both of legal age, Filipinos, with residence at Tolmod, Lubo, Kibungan, Benguet, where they maybe served with notices, orders and decisions of this Honorable Court;

2. That sometime on April 2004, the herein petitioners took into their care and custody a minor, JOHN M. IRANDA, who was born on February 9, 2004 at Tolmod, Lubo, Kibungan, Benguet by way of home delivery whose date of birth was duly registered in the Local Civil Registrar of the Municipality of Kibungan, copy of the Certificate of Live Birth is hereto attached as Annex “A” hereof;

Page 17: Special Proceedings

3. That petitioners were legally married on January 12, 1995 before Rev. Father Claudio Banasan, a Roman Catholic Priest at the Holy Family Church, Lubo, Kibungan, Benguet, copy of their Marriage Contract is hereto attached as Annex “B” hereof;

4. That despite they had been married for a period of 12 years, they have not begotten any child;

5. That they desire to adopt the minor, JOHN M. IRANDA in accordance with the Provisions of the Family Code of the Philippines and other related laws having cared and developed mutual love with the minor and that he has been always treated as their child;

6. That the natural mother of the minor has given her written consent to this Petition for Adoption;

7. That the natural father of the minor has not acknowledged the paternity affiliation of the child; hence, his written consent cannot be possibly secured;

8. That petitioners believe that the adoption of this minor JOHN M. IRANDA will serve the best interest of the child;

9. That petitioners possess all the qualifications and none of the disqualification to adopt the said minor;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court that after due notice, publication and hearing, it shall

Page 18: Special Proceedings

render a decision granting this petition for adoption, declaring JOHN M. IRANDA as the child of the petitioners with the same rights, privileges and duties as though he is a legitimate child as well as legal heir of the petitioners;

Further, petitioners pray that the child be allowed to use the middle name PALINGET and the family name DOHOW;

Finally, it is prayed that the Local Civil Registrar of Kibungan Municipality be ordered to issue an amended Certificate of Live Birth of the adopted child JOHN M. IRANDA bearing the middle name and family name of the petitioners;

Other reliefs, deemed, just and equitable under the premises are prayed for.

Baguio City for La Trinidad, Benguet.January ____, 2014.

JIM PAR T. IYALCounsel for the Petitioners

(VERIFICATION AND CERTIFICATION)

(JURAT)

8.PETITION FOR ADMINISTRATION

Page 19: Special Proceedings

Republic of the PhilippinesREGIONAL TRIAL COURT

First Judicial Region Branch__

Baguio City

IN THE MATTER OF PETITIONFOR ISSUANCE OF LETTERS OFADMINISTRATION

SPECIAL PROCEEDINGS CASE No. ___________

JACKY PALASYO,

Plaintiff.

- versus -

MANNY PALASYO,Respondent.

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

PETITION

COME NOW, the Plaintiff by and through the undersigned counsel and this Honorable Court, most respectfully states:

1. That plaintiff is of legal age, married, Filipino Citizen, and a resident of Monticello Camp 7, Baguio City, Philippines;

2. That he is the legitimate son of deceased MARIANNE PALASYO who died intestate in the City of Baguio on December 25, 2013;

3. That the deceased MARIANNE PALASYO left the following legal heirs to wit:

a. JACKY PALASYO, eldest son, of legal age, married, and a resident of Monticello Camp 7, Baguio City;

b. MANNY PALASYO, husband, of legal age, and a resident of Monticello Camp 7, Baguio City, Philippines;

Page 20: Special Proceedings

c. MARIA PALASYO, daughter, of legal age, and a resident of Monticello Camp 7, Baguio City, Philippines;

d. MYLA PALASYO, daughter, a minor of 16 years of age, and a resident of Monticello Camp 7, Baguio City, Philippines;

4. That the deceased MARIANNE PALASYO, during her marriage with the above-named MANNY PALASYO, acquired real and personal property, particularly described as follows, to wit:

5. That the surviving husband MANNY PALASYO, even during the lifetime of his legitimate wife or the deceased MARIANNE PALASYO had been maintaining marital relations with another woman with whom he has at present several children;

6. That the surviving husband, MANNY PALASYO, since the death of his wife, MARIANNE PALASYO, had not made any settlement, judicial or extrajudicial, of the property of his deceased wife;

7. That, on the contrary, they said surviving husband Manny PALASYO, continued to manage and control the property left by the deceased wife, Marianne PALASYO, to his own benefit and advantage, to the exclusion of the legal rights of the above-named heirs, some of whom are already of age, married, and heads of families;

8. That the herein petitioner, as one of the legal heirs of the deceased, Marianne PALASYO, had on several occasions, requested of his father, to make a settlement and liquidation of the estate left by the said deceased, and to deliver to all the legal heirs what is due to each and every one of them, but they said father refused to do so, without any justifiable reason;

9. That the said husband Manny PALASYO is managing and controlling the estate of the deceased Marianne PALASYO to his own advantage and to the advantage and benefit of his illegitimate wife and illegitimate children, and to the damage and prejudice of the herein petitioner and his co-heirs, that unless another administrator is appointed by this Honorable Court, the property sought herein to be divided and which was

Page 21: Special Proceedings

left by the deceased at the time of her death will likely diminished, if not entirely perish;

10. That the petitioner, as the eldest son of the deceased is competent and willing to act as such administrator of the estate of the deceased;

11. That for the protection of the rights and interests of the minor children Myla PALASYO, a guardian ad litem to be appointed by this Honorable Court, for the purposes of this proceedings;

12. That the petitioner is also competent to act as such guardian ad litem for the minor Myla PALASYO;

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed:

a. That after due hearing, letters of administration be issued to the herein petitioner for the administration of the estate of the deceased Marianne PALASYO, upon giving of a bond in such reasonable sum as this Honorable Court may fix;

b. That petitioner, Jacky PALASYO, be appointed guardian ad litem for the minor Myla PALASYO, for the purposes of this proceedings;

c. That after all the property of the deceased have been inventoried and expenses and just debts, if any, have been paid and the legal heirs of the deceased fully determined, that the said estate of the deceased be settled and distributed among the legal heirs of the deceased, all in accordance with law;

d. Other relief and/or remedies just and equitable under the premises are likewise prayed for.

Baguio City, Philippines this February 6, 2014.

CHUCK TEE L. AWYEHIRCounsel for Plaintiff

Page 22: Special Proceedings

(Copy Furnished)