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REPUBLIC OF THE PHILIPPINES

SUPREME COURT
Manila
CHELSEA C. DELA CRUZ
Petitioner,
-versus-

SP. Proc. No. 0023


For: Writ of Habeas

Corpus
CHIEF OF POLICE OF MANILA
POLICE SUPERINTENDENT CARLOS AGITO,
Respondent.
x--------------------------------------x
PETITION
Petitioner, thru counsel, unto this Honorable Court
respectfully avers that:
1. Petitioner and respondent are both of age, and
residents of No.1 Espana Blvd., Manila and No. 5
Malate, Manila respectively;
2. Petitioner, in whose behalf this application is being
made, is actually restrained of his liberty by the
respondent at Camp Crame, City of Manila;
3. This restraint of liberty of the petitioner consists of the
following:
On June 25, 2015, the President of the Philippines
declared Martial Law throughout the country and pursuant
thereto, a task force of 10 police officers headed by Police
Superintendent Carlos Agito arrested Senator Christian
Corbe for rebellion and detained him at Camp Crame Manila,
where he was held incommunicado. At the time Senator
Christian Corbe was arrested, he was in the Senate
conducting a hearing on peace and order and inquiring as to
the legal and factual basis of the proclamation of Martial Law
pursuant to Sec.18 Art. VII of the 1987 Constitution. More
than 3 days had passed since the arrest and detention of
Senator Christian Corbe without the latter being judicially
charged in court for rebellion, thereby rendering his
detention illegal. Efforts to visit Senator Christian Corbe
proved futile as respondents and those guarding him
prevented petitioner and his lawyers to seek and talk to him.

4. Such restraint of liberty of the petitioner by the


respondent is without any legal authority;
5. Petitioner, thru counsel, has exhausted all efforts
available at law, and that she has no other plain,
speedy, and adequate remedy to protect her personal
rights except by her application for Writ of Habeas
Corpus.
WHEREFORE, petitioner prays that a Writ of Habeas
Corpus be issued by this Honorable Court, directed to Police
Superintendent Carlos Agito, commanding the latter to
produce the body of Senator Christian Corbe before this
Court at the time and place therein specified, and to
summon the respondent Police superintendent Carlos Agito
then and there to appear and to show cause of detention of
said Senator Christian Corbe; and that after due
proceedings, Senator Christian Corbe be restored to his
liberty and forthwith discharged from confinement.
City of Manila, September 28, 2015.

ATTY. DESIREE D.
GARCIA
Counsel for Petitioner
Unit 1, X Bldg. Recto, Manila
IBP No. 123456; 01/10/14Manila
Manila

PTR No. 1234567; 01/10/14Roll No. 12345; 05/05/10


MCLE No. I- 001234; 9/09/13

VERIFICATION
I, CHELSEA D. GARCIA, of legal age and resident of No.
1 Espana Blvd., Manila under oath declare that:
1. I am the Petitioner in the above-entitled Case;
2. I have caused the preparation of this Petition; and
3. I have read it and its contents are true and correct of
my personal knowledge and/or based on authentic
records.

(sgd.) Chelsea
Garcia

D.

SUBSCRIBED AND SWORN to before me, in the City of


Manila, this 28th day of September 2015, the affiant
exhibiting her Drivers License No. H01-22-000421 issued by
the Land Transportation Office at the City of Manila on
January 10, 2014 valid until January 10, 2017.

ATTY. PAM CAMACHO


Notary Public for Manila
Unit 8, DEF Bldg. Recto,
Manila
IBP No. 123678; 01/10/15Manila
PTR No. 1237678; 01/10/15Manila
Roll No. 23612; 04/20/06
MCLE No. I- 001234; 9/09/14
Serial No. of Commission M135
Doc. No. 16;
Page No. 40;
Book No. V
Series of 2015

EXTRA JUDICIAL SETTLEMENT OF ESTATE OF


DECEASED PERSON
KNOW ALL MEN BY THESE PRESENTS:
That Carlos Agito and Kristine Agito, both of legal age,
single, Filipino citizens and with residence at No. 26B Finance
St. Project 8, Quezon City hereby voluntarily:
DECLARE AND MANIFEST;
1. That they are the legitimate children of their father,
Juan Agito, who died on July 20, 1015 at Quezon City,
which was his residence at the time of his death.
2. That said decedent died without any debts and without
leaving any will, and the only surviving heirs are abovementionded Carlos Agito and Kristine Agito.
3. That said deceased left a certain real property, situated
in Quezon City and more particularly described as
follows, to wit:
A parcel of land (Lot 3 Block 1 of the Subdivision plan
(LRC) Psd-11111), situated at No. 26B Finance St. Project 8,
Quezon City; Bounded on the N., points 1 to 2 by Lot 1, block
1; on the E., points 2 to 3 by road lot; on the s. points 3 to 4
by lot 5; and on the W., points 6 to 1 by lot 2, all block 1, all
of the Subdivision plan; containing area of 350 square
meters, more or less. All points referred to are indicated on
the plan and marked on the ground by P.S. cyl. Conc. Mons.
15 x 60 cm.s; bearing true date of the original survey,
December 17, 1908 and February 14-17, 1966; with
approximate value of P8,286,000.00.
4. That the deceased also left personal properties,
consisting of: Mercedez Benz 300TE Wagon, Toyota
Fortuner 2007 Model, and 30k Gold Necklace, with total
value of 2,050,000.00.
5. That the parties herein have adjudicated the estate of
the decedent among themselves and they have agreed,
to divide the parcel of land and the personal properties
equally among themselves, by partitioning the parcel of
land and selling the personal properties, with the value
thereto to be divided equally among them.
6. That to implement this extra-judicial settlement, the
parties have authorized, Carlos Agito, the eldest son of
the decedent, as attorney-in-fact to sell said personal
properties, to hire a surveyor and partition the parcel of

land into two parts, each part to be given to each of


them, and to do all acts that may be required to
implement this extra-judicial settlement.
7. That the parties herein have agreed to equally shoulder
the taxes required to be paid to the government, all
cost and expenses of selling the personal properties
and of partitioning the parcel of land among them,
registering the partition to the end that each of them
will get certificates of title of the portions adjudicated to
each of them, and all other expenses that may be
entailed to carry out this extra-judicial settlement.
8. That attached hereto is a bond and filed with the said
register of deeds, in an amount equivalent to the value
of the personal property involved as certified to under
oath by the parties hereto and conditioned upon the
payment of any just claim that may be filed under Sec.
4 of Rule 74 of the Rules of Court.
IN WITNESS WHEREOF, the parties have affixed their
signatures hereto on September 28, 2015 at Quezon City.
(sgd.) Carlos Agito

(sgd.) ikristine Agito

Signed in the presence of:


(sgd.) Juana Garcia

(sgd.)

Juan

Dela

Cruz
Republic of the Philippines)
Quezon City
) s.s.
ACKNOWLEDGMENT
BEFORE ME, a notary public in and for Quezon City,
Philippines, personally appeared Carlos Agito with CTC no.
56902 issued on January 5, 2015 at Quezon City and Kristine
Agito with CTC no. 34562 issued on January 5, 2015 at
Quezon City and they presented to me the instrument titled
EXTRAJUDICIAL SETTLEMENT OF THE ESTATE BY THE HEIRS,
of the deceased Juan Agito, who are known to me personally
and who executed said instrument, and who acknowledged
to me that the signatures on the instrument were voluntarily
affixed by them for the purposes stated in the instrument,

and declared to me that they have executed the instrument


as their free and voluntary act and deed.
This instrument refers to the extrajudicial settlement of
personal properties and parcel of land located in Quezon city
and consists of 3 pages including the page where the
acknowledgment is written, signed by the parties and their
instrumental witnesses at the bottom of the last page and at
the left hand margin of each and every page hereof.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my norial seal this 28th day of September, 2015
at Quezon City, Philippines.

ATTY. CHRISTIAN CORBE


Notary Public for Manila
Unit 10, ABC Bldg. Recto, Manila
IBP No. 123789; 01/10/15-Manila
PTR No. 1237890; 01/10/15-Manila
Roll No. 23416; 04/20/06
MCLE No. I- 001234; 9/09/14
Serial No. of Commission M-123
Doc. No. 22;
Page No. 40;
Book No. V
Series of 2015

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
National Capital Region
Branch 1, Manila
In the matter of Petition for Adoption
Of Chelsea Garcia,
SP. Proc. No.
1210
KRISTINE AGITO and JUAN AGITO
Petitioners.
x--------------------------------------x
PETITION
COMES NOW the petitioners, by the undersigned
counsel, and unto this Honorable Court, respectfully aver:
1. That the Petitioners are husband and wife, both of legal age,
and residents of No.8 Lacson St. Espana, Manila;
2. That they have no legitimate children or descendants and
hereby desire to jointly adopt a child, named Chelsea Garcia,
who is six years of age, and legitimate child of Spouses Carlo
and Daisy Garcia.
2. That the father of said minor is now dead, and only her
named mother is alive;
3. That said mother, Daisy Garcia, is not insane, nor
intemperate, nor has she abandoned such minor, and with
full knowledge of petitioners' intention hereby expressly
gives her written consent to the adoption, as evidenced by
Annex "A" hereto attached and made an integral part of this
petition;
4. That the petitioners are qualified to adopt the said minor,
and will be able financially and morally, to bring up and
educate said minor, properly and adequately.
WHEREFORE, it is respectfully prayed that upon due
notice and hearing judgment be entered adjudging that the
minor child be freed from all legal obligations of obedience
and maintenance with respect to her natural parents and

that she be declared to all legal intents and purposes, the


child of the herein petitioners, and that her surname be
changed to that of the petitioners.
City of Manila. September 28, 2015.

ATTY. DESIREE D.
GARCIA
Counsel for Petitioner
Unit 1, X Bldg. Recto, Manila
IBP No. 123456; 01/10/14Manila
Manila

PTR No. 1234567; 01/10/14Roll No. 12345; 05/05/10


MCLE No. I- 001234; 9/09/13

VERIFICATION
We, JUAN AGITO AND KRISTINE AGITO, of legal age and
residents of No.8 Lacson St. Espana, Manila under oath
declare that:
1. We are the Petitioners in the above-entitled Case;
2. We have caused the preparation of this Petition; and
3. We have read it and its contents are true and correct of
our personal knowledge and/or based on authentic
records.

(sgd.) Juan Agito

(sgd.) Kristine Agito

SUBSCRIBED AND SWORN to before me, in the City of


Manila, this 28th day of September 2015, the affiants
exhibiting their Drivers License No. H01-22-000421 and
Drivers License No. H01-26-000762 respectively, issued by
the Land Transportation Office at the City of Manila on
January 10, 2014 valid until January 10, 2017.

ATTY. PAM CAMACHO


Notary Public for Manila
Unit 8, DEF Bldg. Recto,
Manila
IBP No. 123678; 01/10/15Manila
PTR No. 1237678; 01/10/15Manila
Roll No. 23612; 04/20/06
MCLE No. I- 001234; 9/09/14
Serial No. of Commission M135
Doc. No. 16;
Page No. 40;
Book No. V
Series of 2015