Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
BRANCH ____
Panabo City, Davao del Norte
-o0o-

IN THE MATTER OF THE Special Proceedings No. _____________

GUARDIANSHIP OF THE MINORS
ANDIE BONN GARAY y DIONIO
AND LLOYD DIVINO GARAY Y DIONIO

ANTONIO P. GARAY,
Petitioner,
X----------------------/

P E TI T IO N

COMES NOW, petitioner, assisted by the Public Attorney’s Office and

through the undersigned counsel, unto this Honorable Court, most respectfully
states:

1. That petitioner is of legal age, a widower my wife having died last

April 19, 1998. Copy of her Death Certificate is hereto attached as Annex “A”.
Petitioner is residing Purok Everlasting, Brgy. Gredu, Panabo City. The petitioner
has availed the free legal services of the Public Attorney’s Office after having
passed the requirements of their office particularly the Indigency Test and Merit
Test. Copy of the Certificate of Indigency issued by the barangay and the DSWD
are attached to this petition as Annex “B”. The Public Attorney’s Office- Panabo
City District holds office at the Hall of Justice Building, Panabo City where
notices and other court processes/orders may be serve;

2. That minors ANDIE BONN GARAY y DIONIO AND LLOYD DIVINO

GARAY Y DIONIO, for whom guardianship is prayed, are minors being 15years of
age and 13 years of age, respectively. Andie Bonn Garay was born on March 1,
1993 and Lloyd Divino Garay on November 20, 1995, both minors are residents
of Purok Everlasting, Gredu, Panabo City, Davao del Norte, Philippines. Both are
in the custody and care of Myrna Bain Y Garay with whom the petitioner is also
presently residing. The lot in Mawab, Compostela Valley is under the
management of herein petitioner.

3. That the petitioner is one of those enumerated under Section 1 of Rule

93 who may file this petition being the grandfather of the said minors by the
father side. . The minors ANDIE BONN GARAY y DIONIO AND LLOYD DIVINO
GARAY Y DIONIO are the children of spouses LUCIO GARAY AND ALICIA DIONIO.
Copy of the birth certificate of both minors are attached to this petition as
Annex “C” and “D”, respectively. And the marriage contract is attached to this
petition as Annex “E”.

4. That on December 22, 2002 the mother of the said minors, Alicia
Garay died because of cardio respiratory arrest (CRA) and the underlying cause
of is breast cancer. That last August 27, 2008 the minors also lost their father
Lucio Garay Y Cruda in a vehicular accident where he sustained severe brain
injury. With the death of both parents the two minors are left without any legal
or natural guardian. Copy of the death certificate of Alicia Garay is attached to
this petition as Annex “F” and the death certificate of Lucio Garay is also
attached as Annex “G”.

5. That the aforementioned deceased parents left properties, to wit:

(a) a parcel of land covered by TCT 149226 in the name of Lucio Garay and
situated Malinawon, Mawab, Compostela Valley Province, Philippines with
an assessed value of 7800php. Certified True Copy of the title is
attached to this petition as Annex “H” and the Tax Declaration covering
the same property is also attached in this petition as Annex “I”.
(b) Cash in bank in the amount of 45,023.56 deposited with Security Bank –
Quezon Boulevard, Panabo City, Davao del Norte Branch with Savings
Account No. 0192-509492-200. Photostatic copy of the passbook is
(c) attached to this petition as Annex “J”

6. That both parents died without leaving any will and the two minors
being the sole surviving children and heirs that rightfully succeeds to the
said estate of their deceased parents.

7. That the names, ages and residences of the relatives of the said minors
are the following to wit:

NAME RELATIONSHIP AGES RESIDENCES

*** FATHER SIDE ***
Linda Alisida Y Garay Aunt 49 yrs old Prk 2 Malinawon, Mawab, Compostela Valley
Amado Garay Uncle 48 Calape, Bohol
Editha Manliquez Y Garay Aunt 45 Prk 2 Malinawon, Mawab, Compostela Valley
Myrna Bain Y Garay Aunt 43 Prk Everlasting, Gredu, Panabo City
Crisanta Gementiza Y Garay Aunt 41 Prk 2 Malinawon, Mawab, Compostela Valley
Lina Garay Aunt 37 Italy
Genalyn G. Good Aunt 32 Prk 2 Malinawon, Mawab, Compostela Valley

*** MOTHER SIDE ***

Bienvenido M. Dionio Uncle 64 Purok 13, Ising, Carmen, Davao del Norte
Elbina C. Dionio Cousin 32 Purok 13, Ising, Carmen, Davao del Norte
Emmie D. Dionio Cousin 37 Purok 3, Ising, Carmen, Davao del Norte
Erma Abancio Y Dionio Cousin 31 Purok 4, Homeland, Panabo City
Bernald C. Dionio Cousin 35 Sto. Niño, Carmen, Davao del Norte
Roselyn Abancio Y Dionio Cousin 31 Purok 4, Homeland, Panabo City
Esmaelita Abancio Y Dionio Cousin 49 Purok 4, Homeland, Panabo City
 WHEREFORE, petitioner prays that after due notice and hearing he be
appointed as guardian of the person and estate of the two minors ANDIE BONN
GARAY y DIONIO AND LLOYD DIVINO GARAY Y DIONIO and the corresponding
letters of guardianship be issued in his favor.

August ____ 2009, Panabo City, Davao del Norte, Philippines.

LUCIO C. GARAY
Petitioner

Assisted by:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Panabo District Office
Panabo City, Davao del Norte

ATTY. JENNIFER GRACE D. AQUIATAN-RUIZ

Public Attorney II
Rollo No. 50099
IBP O.R. No. 762829 12-22-2008
MCLE Compliance II No. 0007977 01-07-2008
 VERIFICATION/CERTIFICATION OF NON-FORUM SHOPPING

REPUBLIC OF THE PHILIPPINES)

CITY OF P A N A B O ) s.s.
x - - - - - - - - - - - - - - -x)

I, LUCIO GARAY, of legal age, widower, Filipino and a resident Purok

Everlastin, Brgy. Gredu, Panabo City under oath depose and state:

I am the petitioner in the above-captioned case, as such I have

authorized and caused the preparation and filing of the foregoing
petition and have availed the free legal services of the Public Attorney’s
office and having passed the Indigency and Merit Test. The allegations of
the foregoing petition are true and correct of our own personal
knowledge and based on authentic documents/records at hand.

I hereby certify that I have not commenced any other action or filed any
claim involving the same issues in this case in any court, tribunal or
agency. To the best of my knowledge, no such action or proceeding is
pending therein. If I should thereafter learn that the same or similar
claims has been filed or is pending before another court, tribunal or
agency, I will immediately report that fact within five (5) days to this
Honorable Court.

IN WITNESS WHEREOF, I hereby affix my signature this

_________________- in Panabo City, Philippines.

LUCIO GARAY
Affiant
Postal Identity Card No. 5966075
Valid Until 9-8-2013

SUBSCRIBED AND SWORN to before me this _____ day of August

2009 at Panabo City, Davao del Norte, Philippines. Affiant, who is
personally known to me and who exhibited his postal identity card
indicated above and having acknowledged to me that he has fully
understood the contents of the foregoing.
REMARKS FROM JGAR

1. Certificate of
Indgency

2. Civil Status of
Petitioner

3. Address of
Petitioner

4. Address of minors
5. Certified True
Copy of the TCT 1492269

6. Tax Declaration of
TCT 1492269 ( this is
needed to indicate the
assessed value of the said
property)

7. names, residences,
ages of other remaining
relatives of the minor
indicate if father side or
mother side
8. valid i.d. from the
petitioner