I, Mary T. Tan, an Investigating Prosecutor, have good reason to believe that, DONALD G. BURGOS, who is hereafter called Defendant, on or about the 1 st day of September, 2014, and before the making and filing of this complaint, in the City of Baguio, did unlawfully commit the offense of Murder, to wit, did then and there intentionally and knowingly cause the death of, Ariel S. Magimba by the Defendant contrary to Article 248 of the Revised Penal Code.
Affiant has learned the following facts:
1. I, Mary T. Tan is a commissioned Investigating Prosecutor in Baguio City, since May 2001. I am employed by the City of Baguio Prosecutors Office.
2. On September 1, 2014, at approximately 12:00 midnight the Police Department responded to a medical call involving a stabbing incident at Rainbow Hills Subdivision located within the City of Baguio.
3. During the interview on September 3, 2014 that I conducted to witness Christian D. Lopez, a copy of the Sworn Statement is hereto attached as Annex A, Donald G. Burgos, a resident of No. 9 Green Lane, Rainbow Hills Subdivision, Baguio City, is charged of murder and committed as follows: a. At about 7:00 pm of September 1, 2014, Christian D. Lopez and his friends Arnel Marcos, Mark Gaston, Ariel Magimba, and Ernan Fresno were in the house of Christopher Lopez, Christians father located atNo. 17 Green Lane, Rainbow Hills Subdivision, Baguio City. They were having a drinking spree in celebration of the New Years festivities. b. At about 9:00 pm Christopher arrived with Donald. The latter joined Christian and his friends in their drinking and merrymaking. After sometime, a commotion ensued when Donald created trouble and challenged Ariel Magimba to a duel. Christians mother tried to call the fight off, but when she failed, Christopher intervened and succeeded in bringing Donald home. c. At about 11:00 pm, Christian and his friends agreed to call it a night. Christian told his parents that he, along with Marcos and Fresno would accompany Magimba to their house. d. As they were passing by the house of Donald Burgos, the latter sneaked from behind Magimba and stabbed him at the back. Fresno tried to restrain the appellant, but the latter stabbed him on the right arm. e. Donald Burgos continued to stabbed Magimba as Christian and Marcos ran to the Bantay Bayan Office for help. f. When they met Christopher on the way, they informed him of the stabbing incident. g. Christopher, together with some barangay tanods, proceeded to the place of the incident to conduct an investigation. On their way, Christopher saw Fresno who was then fleeing to their house and notice the wound on the latters right arm. Fresno told Christopher that he and Magimba were stabbed by Donald Burgos. Christopher then rushed to the house of Donald, and saw the bloodied body of Magimba lying by the roadside.
4. Marie Ann T. Soriano, Medico-Legal Officer of the National Bureau of Investigation, performed an autopsy on the cadaver of Magimba and signed his Autopsy report, attested that indeed Magimbas cause of death was due to the several stabbed wounds one of which was from his back. A copy of the Postmortem Findings is hereto attached as Annex B;
5. Based on the foregoing, it is beyond cavil that respondent Donald G. Burgos committed the crime of Murder, qualified by treachery under Article 248 of the Revised Penal Code. There is treachery in the commission of the crime when (a) at the time to attack, the victim was not in a position to defend himself; (b) the offender consciously and deliberately adopted the particular mean, method and form of attack employed by him.
IN WITNESS WHEREOF, I have affixed my signature this 14 th day of September 2014 in Baguio City, Philippines.
Mary T. Tan Affiant/Assistant Prosecution Attorney II
SUBSCRIBED AND SWORN to before me in the City of Baguio, this 14 th day of September 2014.
Sherylle T. Ong Investigating Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the above named affiant and that the foregoing statements were given by her voluntarily and of her own free will and that she understood her affidavit.
Sherylle T. Ong Investigating Prosecutor
Republic of the Philippines REGIONAL TRIAL COURT FIRST J UDICIAL REGION Branch 7 Baguio City
PEOPLE OF THE PHILIPPINES, Plaintiff, CRIMINAL CASE NO. R-21245 -versus- For: Serious Physical Injuries
ANDY S. SO, Accused. x----------------------------------------------x
APPLICATION FOR PROBATION
The accused, through undersigned counsel, unto this Honorable Court, respectfully states that: (1) He is of legal age, single, Filipino citizen and a resident of #112-B Ongasan, Loakan, Baguio City, Philippines; (2) On September 10, 2014, the Honorable Court rendered judgment on the above-entitled case convicting him of the crime of serious physical injuries and sentencing him to suffer the penalty of imprisonment, the dispositive portion of which read as follows: Wherefore, judgment is hereby rendered, finding the accused guilty of serious physical injuries defined and penalized under Article 263 of the Revised Penal Code, who is hereby sentenced to suffer an indeterminate penalty of two (2) months and one (1) day of Arresto Mayor, as minimum and one (1) year and four (4) months of PrisionCorreccional, as maximum. On the Civil aspect, accused is hereby ordered to pay the complainant the amount of Seventy Five Thousand pesos (PhP 75,000.00) as reimbursement for actual expenses. So ordered. (3) In view of the foregoing judgment, the accused hereby most respectfully applies before the Honorable Court for probation; (4) The accused further states that he is not one among those offenders disqualified to avail of the benefits of probation, as provided under Section 9, of Presidential Decree No. 968, as amended, to wit: Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those: (a) sentenced to serve a maximum term of imprisonment of more than six years; (b) convicted of any offense against the security of the State; (c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos; (d) who have been once on probation under the provisions of this Decree; and (e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof. (italics supplied) (5) The accused has not perfected nor does he intend to perfect an appeal from the aforementioned judgment of the Honorable Court;
(6) He further undertakes to faithfully and religiously comply with the conditions of the probation as provided for under P.D. 956 (Probation Law of 1976) or as may be ordered by the Honorable Court should this application for probation be granted.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this pleading be noted and made part of the records of the above-entitled case and that this Application for Probation filed by the accused Andy S. So be granted.
Other relief just and equitable in the foregoing is likewise prayed for.
Done this 14 th day of September 2014 in Baguio City, Philippines.
ATTY. SHERYLLE T. ONG Counsel for the Accused 12 Quezon Hill, Baguio City (074) 300- 3030 / 0923-2334423 PTR No. 050183/Baguio City/12-31-14 Roll of Atty. No. 73222 IBP Lifetime Membership No. 12344 MCLE Compliance No. 71234
NOTICE OF HEARING
PROS. FLOR-ANN A. CAJAYON Justice Hall, Baguio City
Greetings!
Please take notice that on September 21, 2014 at 1:00 in the afternoon or soon thereafter as counsel may be heard, the undersigned will request the HonorableCourt to approve the foregoing Application for Probation without further argument and appearance from counsel.
ATTY. SHERYLLE T. ONG
Republic of the Philippines REGIONAL TRIAL COURT FIRST JUDICIAL REGION Branch 1 Baguio City
IN RE: PETITION FOR CHANGE OF NAME FROM ANGELIQUE VALERA CRUZ TO ANGELIQUE CRUZ MONTANO
Special Proceedings Case No. 1578 For: CHANGE OF NAME
Petitioner, through the undersigned counsel and unto this Honorable Court, most respectfully avers that:
1. Petitioner is of legal age, single, Filipino and a resident of No. 21 Bayan Park, Aurora Hill, Baguio City, Philippines where notices and other court processes may be served; 2. Petitioner seeks the change of her name in his Certificate of Live Birth(Copy of which is hereto attached as ANNEX A, to make an integral part hereof.); 3. Petitioner was born in Novaliches, Quezon City, Philippines on December 21, 1980 to common-law husband and wife CESAR MONTANO and SUNSHINE CRUZ; 4. Petitioners Certificate of Live Birth bears Registry No. 18-1980, and duly registered on December 27, 1980; 5. Her name is to be changed from ANGELIQUE VALERA CRUZ to ANGELIQUE CRUZ MONTANO; 6. The ground for filing this petition is to remove confusion as to her scholastic records and other legal effects and her first name appearing on her Certificate of Live Birth; 7. She has used the name ANGELIQUE CRUZ MONTANO since childhood up to the present as evidenced by her scholastic records and several public documents; 8. Petitioner is submitting the following documents to support this petition; a) Elementary, Secondary and College Diplomas b) Social Security System ID c) Tax Identification d) Affidavit of Two Disinterested Persons e) Voters ID f) Governmental and Non-governmental Organization g) Membership IDs 9. Petitioner also have no pending administrative, criminal, or civil case in any court of law or quasi-judicial body; and, 10. Petitioner is filing this petition in accordance with Rule 103 of the Rules of Court.
P R A Y E R
WHEREFORE, premises considered, it is respectfully prayed of the Honorable Court that upon due hearing, an order be issued:
1. declaring that ANGELIQUE VALERA CRUZ be changed to ANGELIQUE CRUZ MONTANO; 2. ordering the Municipal Registry Office of Novaliches, Quezon City to make the necessary changes in their records in the Certificate of Live Birth of ANGELIQUE VALERA CRUZ.
Such other reliefs just and equitable are likewise prayed for. Baguio City, Philippines, this 8 th day of September, 2014.
Republic of the Philippines ) City of Baguio ) SS. X --------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ANGELIQUE VALERA CRUZ, of legal age, Filipino and a resident of No. 21 Bayan Park, Aurora Hill, Baguio City, Philippines, after having been sworn to in accordance with law, do hereby depose and say:
1. That I am the petitioner in the above-entitled case; 2. That I have caused the preparation and filing of this petition for change of name; and, 3. That I have read the material and relevant allegations therein contained and the same are true and correct based on my personal knowledge and authentic records. Further, I certify: 4. That I have not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi- judicial agency; that to the best of my knowledge, there is no such pending action or claim and that if I should hereafter learn that the same or similar action or claim has been filed or is pending, I shall report such fact within five (5) days there from to the Honorable Court.
IN WITNESS WHEREOF, I have hereunto affix my signature this 8 th day of September 2014, in the City of Baguio, Philippines.
ANGELIQUE VALERA CRUZ Affiant ATTY. DEAN C. MAO Counsel for Petitioner Unit 3B, 3 rd Floor, Porta Vaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
SUBSCRIBED AND SWORN to before me in the City of Baguio 8 th day of September 2014 by ANGELIQUE VALERA CRUZ, who have exhibited to me her SSS ID No. 14578913671 issued on September 21, 2007 in Baguio City and personally known to me, to be the same person who personally signed before me the foregoing and acknowledged that she executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 2 Baguio City
In the Matter of: CORRECTION OF ENTRY IN THE CERTIFICATE OF LIVE BIRTH OF THE MINOR, MELISSA ZAAVEDRA, herein represented by his mother and guardian, ARLENE ZAAVEDRA, Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF THE CITY OF BAGUIO, Respondent.
SPECIAL PROCEEDING CASE NO. 12892
X ------------------------------------------------------------ x
P E T I T I O N
WITH ALL DUE RESPECT TO THE HONORABLE COURT, the Petitioner, as represented by her mother and guardian, ARLENE ZAAVEDRA, through counsel, and unto the Honorable Court, states that:
1. The petitioner is a minor, five (5) years and 2 (2) months old, under the care and custody of his natural mother, ARLENE ZAAVEDRA, with postal address at No. 44 Dominican Hill, Baguio City, Philippines, where she may be served with summons and other Court processes; 2. The Local Civil Registrar is a government entity charged with the recording, registration, and custody of public records and other matters, with postal address at the Baguio Health Center, T. Alonzo Street, Baguio City, Philippines; 3. Petitioner MELISSA ZAAVEDRAwas born on March 31, 2007, and is the natural child of ARLENE ZAAVEDRAand ARNOLD ZAAVEDRA. Said birth was duly registered with the Local Civil Registry under Local Civil Registry No. 01-34578. A machine copy of the Certificate of Live Birth is hereto attached as Annex A, to form part hereof; 4. In the said Certificate of Live Birth of the Petitioner, minor petitioners SEX is entered as MALE, while in truth and in fact her sex is FEMALE. In all truth and honesty, the afore- stated entry is incorrect, and said information was erroneously entered by the attending medical clerk at the hospital; 5. This error was made due to mistake of fact, supplied in good faith and without any unlawful or illegal intention; 6. The Correction being sought is meant to state the truth of her gender.
P R A Y E R
WHEREFORE, premises considered, it is most respectfully prayed of the Honorable Court that, after due notice and hearing, a decision be rendered in favor of herein Petitioner, ordering the Local Civil Registrar of the City of Baguio to change the entry in Petitioners Certificate of Live Birth under the - SEX from MALE to FEMALE.
Such other reliefs as may be just and equitable under the circumstances are likewise prayed for.
IN WITNESS WHEREOF, I have hereunto set my hand this 8 th day of September 2014, in the City of Baguio, Philippines.
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ARLENE ZAAVEDRA, of legal age, married, Filipino citizen, and a resident of No. 44 Dominican Hill, Baguio City, hereby declare under oath that:
1. I am the mother and guardian of the above-named petitioner; I have caused the preparation of the foregoing petition; I have read and understood the contents of the same; and that all ATTY. DEAN C. MAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
the allegations therein are true and correct of my own knowledge and based on authentic documents;
2. I FURTHER CERTIFY THAT: a. I have not commenced any proceeding involving the same issues before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; b. To the best of my knowledge, no such action is pending before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal; c. If there be any similar action before the Supreme Court, Court of Appeals, or any other Government Agency or Tribunal, I undertake to report the same within five (5) days to the court where the original action and certification referred to herein has been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 8 th day of September 2014, in the City of Baguio, Philippines.
ARLENE ZAAVEDRA Affiant Passport No. AA1245789 Issued at Baguio City Valid until December 2, 2015
SUBSCRIBED AND SWORN to before me in the City of Baguio this 8 th day of September 2014 by ARLENE DEL SOL, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 48; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines FIRST JUDICIAL REGION REGIONAL TRIAL COURT Branch 3 Baguio City
In the Matter of Petition for Declaration of Presumption of Death SPECIAL PROCEEDINGS NO. 92178 CHLOE SULLIVAN-QUEEN, Petitioner. x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
P E T I T I O N
Petitioner, by counsel and to this Honorable Court, alleges that:
1. The petitioner is of legal age, Filipino citizen, and a resident of #217 Tin St., Upper Quezon Hill, Baguio City;
2. The petitioner and her husband, Oliver C. Queen, were married to each other, on April 18, 1999, before Fr. Mike Seys, CICM, at the Saint Joseph Church, Roman Catholic Church, Tabuk City, Kalinga Province; 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:
CASSANDRA ROSE S. QUEEN Born on January 21, 2000 at Baguio City
- and -
CLARK MATTHEW S. QUEEN Born on October 14, 2002 at Baguio City
(Attached herewith, are the birth certificates of said children correspondingly marked as Annex B, Annex C and Annex D);
4. The petitioners husband left the conjugal abode sometime in 2004 and no news about said respondent had been received since then;
5. The common children have since been legally adopted by the petitioners parents who are U.S. citizens and have been living in the United States since their respective adoptions were granted;
6. Given the lapse of time since the last news or sighting of the petitioners husband, the latter may now be declared legally dead for all intents and purpose.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment as follows:
a. That after due hearing, a declaration that petitioners husband, OLIVER C. QUEEN, be declared PRESUMPTIVELY DECEASED for all legal intents and purposes;
b. That petitioner prays for which other reliefs which in the determination of this Honorable Court may be just and equitable under the premises.
Baguio City, this 21 st of September, 2014.
ATTY. DEAN C. MAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING I, CHLOE SULLIVAN-QUEEN, of legal age, Filipino, married, and a resident of 217 Tin St., Upper Quezon Hill, Baguio City, after duly sworn, depose and state: That I am the petitioner in the above-entitled case; That I caused the preparation of foregoing Petition; That I have read and understood the contents thereof, that the same are true of my own personal knowledge; That I further certify that I have not commenced any other action or proceedings involving the same issue in the Supreme Court other than this action, the Court of Appeals, or any tribunal or agency, and to the best of my knowledge, no such other action or proceeding is pending in the Supreme Court, the Court of Appeals, or any tribunal or agency; that should I learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or by any other tribunal or agency, I would undertake to notify the court, the tribunal or agency within five(5) days from such notice. IN WITNESS WHEREOF, I have hereunto set my hands this 21 st day of September 2014 in the City of Baguio, Philippines.
CHLOE SULLIVAN-QUEEN Affiant TIN NO. 783-912-991
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 st day of September 2014 by Chloe Sullivan-Queen, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 49; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234 Republic of the Philippines REGIONAL TRIAL COURT FIRST JUDICIAL REGION Branch 4 Baguio City
IN RE: PETITION FOR GUARDIANSHIP OF MINOR MARISOL C. SANDOVAL by HECTOR D. SANDOVAL Special Proceedings Case No. 12789 For: GUARDIANSHIP HECTOR D. SANDOVAL, Petitioner x---------------------------------x
P E T I T I O N
Petitioner, through undersigned counsel, and unto this most Honorable Court, most respectfully avers that:
1. Petitioner, of legal age, a resident of No. 45 Purok 3, Upper Fairview, Baguio City, is the grandfather of the minor MARISOL C. SANDOVAL; 2. Said minor at the time of the filing of this petition is eight (8) years old and is a resident of No. 45 Purok 3, Upper Fairview, Baguio City (Copy of her Certificate of Live Birth is hereto attached as Annex A, to make an integral part hereof); 3. Said minor is the only surviving daughter of the Spouses Horation S. Sandoval and Marissa C. Sandoval who died on September 21, 2012 (Copies of their respective Death Certificates are hereto attached as Annex B andC, respectively, to make an integral part hereof); 4. Horatio S. Sandoval, the father of Marisol, is the youngest child of petitioner; 5. Said minor, by succession, owns the following real and personal properties;
a) House and Lot located at No. 45 Purok 3, Upper Fairview, Baguio City Registered under the name of Spouses Horatio and Marissa Sandoval
b) 2007 Model Hyundai Starex Certificate of Registration under the name of Horatio Sandoval
c) 2004 Model SaraoJeepney Certificate of Registration under the name of Horatio Sandoval
6. Due to her minority, it is for her best interest that a guardian over her person and property be appointed; 7. The names, ages and residences of the relatives of Marisol within the 4 th civil degree of said minor, and of persons having in their custody are as follows: Relationship Address
a) Eric D. Caine Uncle Alberta, Canada b) Marina G. Sandoval Cousin Tabuk, Kalinga c) Alberto S. Sandoval Cousin Tabuk, Kalinga d) Irene L. Caine Grandmother California, USA e) Donald Z. Santos Uncle New York, USA f) Frances Z. Santos Aunt Pacdal, Baguio City g) Hansen W. Caine Uncle Pacdal, Baguio Ciry
8. Petitioner is possessed of all the qualifications set forth in A.M. 03-02-05- SC, Sec. 5 on the qualifications of guardians.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that, upon due notice and hearing, and upon the giving of such bond as this Honorable Court may direct, PETITIONER BE APPOINTED GUARDIAN OF THE PERSON AND ESTATE OF THE MINOR MARISOL C. SANDOVAL.
Baguio City, Philippines, this 21 st day of September, 2014.
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X--------------------------------------------X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, HECTOR D. SANDOVAL, of legal age, married, Filipino Citizen, and resident of No. 45 Purok 3, Upper Fairview, Baguio City, Philippines after having been sworn to in accordance with law, do hereby depose and say:
1. That I am the petitioner in the above-entitled case; 2. That I have caused the preparation and filing of this petition; 3. That I have read all the material and relevant allegations therein contained and the same are true and correct based on my personal knowledge and authentic records; Further, I certify:
That I have not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi- judicial agency; that to the best of my knowledge, there is no such pending action or claim and that if I should hereafter learn that the same or similar action or claim has been filed or is pending, I shall report such fact within five (5) days there from to the Honorable Court.
ATTY. DEANNE C. MANADAO Counsel for Petitioner Unit 3B, 3 rd Floor, Porta Vaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
IN WITNESS WHEREOF, I have hereunto affix my signature this 21 st day of September 2014, in the City of Baguio, Philippines.
HECTOR D. SANDOVAL Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 st day of September 2014 by Hector D. Sandoval, personally known to me, to be the same person who personally signed before me the foregoing and acknowledged that he executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines FIRST J UDICIAL REGION REGIONAL TRIAL COURT Branch 5 Baguio City
MARGAUX ARACELLI D. SALVADOR, Two (2) years of age, Represented by her mother, JANICE D. SALVADOR, Special Proceedings No. 7693 Petitioner, For: HABEAS CORPUS
-versus-
ARAULLO G. SMITH and ANTONETTE G. SMITH, Respondents. X-------------------------------------------X
P E T I T I O N
Petitioner, represented by her mother, Janice D. Salvador, through her undersigned counsel and unto this honorable court states that:
1. The petitioner is a minor, two years of age, and under the legal custody of and residing with her mother Janice D. Salvador at 34 Benga Road, Bakakeng Central, Baguio City while the respondents are of legal age and are residing at No. 89 Trancoville, Baguio City where they may be served with processes;
2. The petitioner is the legitimate child of Janice D. Sandoval with the respondent Araullo Smith;
3. Due to several attempts made by respondent Araullo Smith on the life of his wife Janice D. Salvador, 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 Janice D. Salvador;
5. On October 24, 2012, at about 5:00 in the afternoon, the respondent Araullo Smith, resorting to ruse and trickery, absconded with the petitioner surreptitiously leaving Janice D. Salvador in a mall at Magsaysay Avenue, Baguio City without returning the said minor to the custody of their mother;
6. The petitioner, in whose behalf this application is being made, is actually restrained of her liberty by the respondent Araullo Smith in the residence of his mother Antonette G. Smith who has knowledge that her son is continuously restraining the petitioner;
7. The petitioner is a child of a very delicate state of health and easily get sick without special care and attention; 8. The petitioner has exhausted all efforts available at 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, the petitioner prays that a Writ of Habeas Corpus be issued out of this Honorable Court, directed to the respondents Araullo Smith and Antonette Smith commanding them to have the body of the minor, MargauxAracelli Salvador before this Court at the time and place specified therein, and summon the said respondents then and there to appear and to show cause of the detention of the said petitioner, and that after due proceedings, the said MargauxAracelli Salvador be discharged from restraint.
Petitioner likewise prays for other reliefs just and equitable.
Baguio City, Philippines, this 21 st day of September, 2014.
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Janice D. Salvador, of legal age, Filipino citizen, with postal address at 34 Benga Road, Bakakeng Central, Baguio City after having been duly sworn to in accordance with law do hereby depose and state that;
1. I caused the preparation of this petition; that the contents thereof were duly explained to me; that I fully understood all its contents and that the same and all the factual matters stated therein are true and correct of my own knowledge.
2. I have not commenced any action or proceeding involving the same issue in any Court or before any other agency or tribunal and that to the best of my knowledge, no such action or proceeding is pending before any Court, any agency or tribunal; and if there be any; that I undertake to inform this Honorable Court within five (5) days.
IN WITNESS WHEREOF I have hereunto set my hand this 21 st day of September 2014 at Baguio City, Philippines.
ATTY. DEANNE C. MANADAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
JANICE D. SALVADOR Affiant TIN No. 555-891-571 Issued on: March 3, 2001 Issued at: Baguio City
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 st day of September 2014 by Janice D. Salvador, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines FIRST J UDICIAL REGION REGIONAL TRIAL COURT Branch 6 Baguio City
In the Matter of Voluntary Recognition ofminor child LOIS JEWEL L. SIMEON SPECIAL PROCEEDINGS NO. 89754
Petitioner, by counsel and to this Honorable Court, alleges that:
1. Petitioners of legal age and with residence at #57 Upper Crystal Cave Road, Baguio City. 2. Petitioner is the natural father of the child Lois Jewel l. Simeon, who is 5 years of age and lives with him and his wife, mother of said child, 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 her to other persons as their child, and enrolled her as their child in the kindergarten and in the elementary school as his legitimate child. The child has been part of any family gathering. 3. The mother of the child, named LISA MARIE A. LANE-SIMEON, is now the legitimate wife of petitioner, and at the time the child was conceived, petitioner and his mother were not disqualified to marry each other, as they in fact got married thereafter. 4. The names and residences of those who acknowledged the child, apart from herein petitioner, and their compulsory heirs, are as follows:
LANA K. LANG - #23 Upper Crystal Cave Road, Baguio City GEOFFREY P. MARCOS - #89 Upper Crystal Cave Road, Baguio City
PRAYER
WHEREFORE, petitioner prays that the voluntary recognition of LOIS JEWEL L.SIMEON as the natural child of petitioner and his wife be approved.
Baguio City, this 21 st day September, 2014.
ATTY. DEANNE C. MANADAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, LAWRENCE S. SIMEON, of legal age, Filipino, married, and a resident of #57 Upper Crystal Cave Road,Baguio City, after duly sworn, depose and state:
That I am the petitioner in the above-entitled case;
That I caused the preparation of foregoing Petition;
That I have read and understood the contents thereof, that the same are true of my own personal knowledge;
That I further certify that I have not commenced any other action or proceedings involving the same issue in the Supreme Court other than this action, the Court of Appeals, or any tribunal or agency, and to the best of my knowledge, no such other action or proceeding is pending in the Supreme Court, the Court of Appeals, or any tribunal or agency; that should I learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or by any other tribunal or agency, I would undertake to notify the court, the tribunal or agency within five(5) days from such notice.
IN WITNESS WHEREOF, I have hereunto set my hands this 21 st day of September 2014 in the City of Baguio, Philippines.
LAWRENCE S. SIMEON Affiant TIN NO. 911-987-517
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 st day of September 2014 by Lawrence S. Simeon, personally known to me, who is the same person who personally signed before me the foregoing affidavit and acknowledged that he executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines REGIONAL TRIAL COURT FIRST JUDICIAL REGION Branch 7 Baguio City
In re: PETITION FOR ADOPTION OF MINOR NATHALIE EOWYN ALVAREZ by SPOUSES NIKKI D. NAVARRO AND NICK F. NAVARRO, WITH CHANGE OF NAME SPECIAL PROCEEDINGS CASE NO. 89412 FOR : ADOPTION SPOUSES NIKKI D, NAVARRO AND NICK F. NAVARRO, Petitioners, X-----------------------------------------------X
P E T I T I O N
Petitioners, through undersigned counsel, and unto this most Honorable Court, allege that:
1. The petitioners are Spouses NIKKI D. NAVARRO and NICK F. NAVARRO, both of legal ages, Filipino Citizens, and residents of No. 89 Imelda Village, Brookside, Baguio City, Philippines, where they have established residence for more than three (3) years now and where they may be served with summons and other Court processes. Petitioners were wed on May 21, 1994 in Baguio City. They have one child namely: NATASHA BRISEIS D. NAVARRO, who is of legal age. Machine copy of petitioners Marriage Certificate is hereto attached as ANNEX A, to form part of this petition.
2. The Local Civil Registrar in the Municipality of Baguio is a government entity charged with the recording, registration, and custody of public records and other matters, with postal address at Baguio City Municipal Hall, Baguio City, Philippines.
3. Petitioners desire to adopt NATHALIE EOWYN ALVAREZ, who was born on May 25, 2005 in Tabuk City, Kalinga Province, to parents MAY and MARIO ALVAREZ. The adoptee has been under the petitioners care and custody since birth. A machine copy of her Certificate of Live Birth is hereto attached as ANNEX B, to form an integral part hereof.
4. Petitioners attest that they are in possession of full civil capacity and legal rights to adopt the minor, NATHALIE EOWYN ALVAREZ. They possess all the qualifications, and none of the disqualifications for adopting said minor. They are both possessed of good moral character; and have not been convicted of any crime involving moral turpitude.
5. They are likewise emotionally and psychologically capable of caring for said minor, and are in a position to support and care for her.
6. They further attest that NATHALIE EOWYN ALVAREZis not disqualified by law to be adopted, and that to their knowledge she does not have any estate of value.
7. The natural mother of NATHALIE EOWYN ALVAREZdoes not object and fully gives her consent to this Adoption. She has executed her Affidavit of Consent hereto attached as Annex C to form part hereof. NATHALIE EOWYN ALVAREZs biological father is now deceased.
8. Affidavit of Consent of the Petitioners other child is hereto attached as ANNEX D, to form an integral part hereof.
9. This adoption is for the best interests of NATHALIE EOWYN ALVAREZ.
P R A Y E R
WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that:
1. After trial and hearing, the PETITIONERS prayer for adoption of minor be NATHALIE EOWYN ALVAREZ granted; 2. Adoptees name be changed from NATHALIE EOWYN ALVAREZ toNATHALIE EOWYN NAVARRO; 3. The Office of the Local Civil Registrar of Baguio City be ordered to cancel the birth certificate of NATHALIE EOWYN ALVAREZ, and to issue a new one forNATHALIE EOWYN NAVARRO, properly reflecting the entries in accordance with this adoption if so granted. Such other measures of relief as are just and equitable under the circumstances are likewise prayed for.
Done this 21 st day of September 2014 in Baguio City, Philippines
ATTY. DEANNE C. MANADAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. X------------------------------------------------X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
We,NIKKI D. NAVARRO and NICK F. NAVARRO , the petitioners in this case, have caused the preparation of the petition for adoption of a minor; we have read the material and relevant allegations therein contained are true and correct of our personal knowledge.
We hereby certify that we have not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency; that to the best of our knowledge, there is no such pending action or claim and that if we should hereafter learn that the same or similar action or claim has been filed or is pending, we shall report such fact within five (5) days there from to the Honorable Court.
IN WITNESS WHEREOF, we have hereunto affix our signature this 21 st day of September 2014 in Baguio City, Philippines.
NIKKI D. NAVARRO NICK F. NAVARRO Affiant Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 st day of September 2014 by Spouses NIKKI D. NAVARRO and NICK F. NAVARRO, who have exhibited to me their TIN No. 981-347-981issued on January 4, 2001 in Baguio City and Professional Drivers License No. AO-0912678 valid until on September 28, 2014 in Baguio City, who are the same persons who personally signed before me the foregoing affidavit and acknowledged that they executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234
Republic of the Philippines FIRST J UDICIAL REGION REGIONAL TRIAL COURT Branch 8 Baguio City
IN THE MATTER OF THE INTESTATE ESTATE OF SHANIA S. TWAIN , Special Proceedings No. 78321 For: Letters of Administration
COMES NOW, the petitioner by the undersigned counsel and unto this Honorable Court respectfully alleges:
1. That the petitioner is of legal age, single, and resident of No. 27 Green Valley, Baguio City;
2. The she is the legitimate daughter of deceased who died intestate in Baguio City on January 31, 2012;
3. That the deceased SHANIA S. TWAIN left the following legal heirs, to wit:
NAME AGE RELATION TO DECEASED ADDRESS SHANNON S. TWAIN 28 Daughter Green Valley, Baguio City SYLVESTER S. TWAIN 21 Son No. 98 Old Cabuyao, Sauyo, Novaliches, Quezon City
4. That the deceased left the following real and personal properties, to wit:
CHARACTER LOCATION PROBABLE VALUE Residential House and Lot Green Valley, Baguio City P 25,000,000.00 Commercial Lot West Rembo, Makati City P20,000,000.00 Personal Properties P 50, 000,000.00
5. That, as far as petitioner knows, the following are the names of the creditors of the decedent, to wit:
NAME ADDRESS AMOUNT OF CREDIT FELY S. LAPPAO Maria Basa, Pacdal, Baguio City P50,000.00 ADORACION M. LOPEZ #03 Aurora Hill, Baguio City P70,000.00
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing and the giving of a bond in the sum fixed by this Honorable Court, letters of administration of the estate of the deceased SHANIA S. TWAINbe issued in favor of petitioner SHANNON S. TWAIN.
All other relief just and equitable under the circumstances is likewise prayed for.
Baguio City, Philippines, this 22 nd day of September 2014.
REPUBLIC OF THE PHILIPPINES } CITY OF BAGUIO } S.S. x--------------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, SHANNON S. TWAIN, of legal age, Filipino citizen and a resident of No. 27 Green Valley, Baguio City, after being duly sworn in accordance with law, hereby depose and state:
1. That I am the petitioner in the above-entitled case;
2. That I have caused the preparation of the petition for letters of administration;
3. That I have read the material and relevant allegations therein contained are true and correct of my personal knowledge and authentic documents;
4. That I hereby certify that I have not heretofore commenced any action or filed any claim involving the same issues before any other court, tribunal or quasi-judicial agency;
5. That to the best of my knowledge, there is no such pending action or claim, and that if I should hereafter learn that the same or similar action or claim has been filed or is pending, I shall report such fact within five (5) days therefrom to the Honorable Court.
ATTY. DEANNE C. MANADAO Counsel for Petitioner Unit 3B, 3 rd Floor, PortaVaga Building Session Road, Baguio City (074) 422-4388/ 09057037608 PTR No. 052108; 1-15-10/Baguio City Roll of Attorney No. 808310; 1-15-10/Baguio City IBP Lifetime Membership No. 1029338; Baguio-Benguet
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22 nd day of September 2014, in the City of Baguio, Philippines.
SHANNON S. TWAIN Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 22 nd day of September 2014 bySHANNON S. TWAIN, who is personally known to me, and who is the same person who personally signed before me the foregoing affidavit and acknowledged that she executed the same.
__________________________________ ATTY. SHERYLLE T. ONG Notary Public for the City of Baguio until December 31, 2014 12 Quezon Hill, Baguio City Com. No. 2014 - 023 Doc. No. 47; PTR No. 050183/Baguio City/12-31-14 Page No. 09 ; Roll of Atty. No. 73222 Book No. 01; IBP Lifetime Membership No. 12344 Series of 2014. MCLE Compliance No. 71234