REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
BRANCH 61
ANGELES CITY
IN THE MATTER OF PETITION TO
DECLARE AS ABANDONED CHILD
CORRECTION OF HER SIMULATED
CERTIFICATE OF LIVE BIRTH and
ADOPTION OF LYSA MARIE
GOPEZ LUDWIG,

SP. PROC. NO. 8094

SPS. WILLIAM ANTHONY LUDWIG

AND OFELIA GOPEZ- LUDWIG,
Petitioners.
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DECISION
In this petition seeking to declare as abandoned child, correction of the
simulated certificate of live birth and the adoption of the minor Lysa Marie
Gopez Ludwig, petitioners alleged that they are both of legal age, and an
American and Filipino citizens respectively. The petitioners reside at 500 San
Ramon St., San Angelo Subdivision, Angeles City. They got married on July
29, 1988 in Angeles City.
Petitioners niece friend who got pregnant out of wedlock, abandoned
and gave her child to the petitioner wifes niece. However the niece turned
over the child for custody and care to the petitioners because the niece has
no means to support the said child.
Petitioners not mindful of the legal effects and consequences and for
fear that the child will suffer the stigma of not having any known parent and
thus becomes a social outcast, had the said child registered as their
daughter and named the child Lysa Marie Gopez Ludwig, born on September
18, 2007 at Angles City. In order to rectify and correct the simulation of
birth committed in the minors childs Certificate of Live Birth and to legalize
the childs status, petitioners desire to adopt the said minor child who was
abandoned by her parents and whose whereabouts are unknown to them.
The petitioners are financially stable but have no other family to
support. They decided to adopt the minor child so that the latter will be
given a much better future. Petitioners have been providing for the financial
needs of the minor child since birth. Petitioners and the minor child have
already adjusted psychologically and emotionally to each other and have
established a bonding relationship.
As to their qualifications to adopt, they possess all the qualifications
and none of the disqualifications to adopt the said minor. They are physically,
financially, and morally fit to bring up and educate the said minor, properly
and adequately to the best interest of the child. The minor child has been
found to have no problem. Petitioners have a decent visible means of
support which is more than sufficient to enable the minor to live decently
and with a promising future.

Sp. Proc. No. 8094 2

Decision

Petitioners are not disqualified by law to adopt and are in the position
to give the child the proper care, custody and parental love and since the
social economic and financial status of the child is secured, it is to the best
interest of the minor child that the adoption be granted.
Petitioners are persons of probity and of good moral character and
have no existing derogatory records nor criminal or civil charges filed against
them. Petitioners are financially, physically and morally fit to bring up and
educate the minor properly and adequately.
Copies of the Order (Exhs. A to A-1), setting this petition for hearing,
were furnished to and received by the Office of the Honorable Solicitor
General (Exh. A-5), the Court Social Worker Zenaida David (Exh. A-2), the
Publisher (Exh. A-3). and Angeles City Prosecutor Oliver Garcia (Exh. A-4).
The order setting this case for hearing was published once a week for three
(3) consecutive weeks in a newspaper of general circulation in the province
of Pampanga and Angeles City (Exhs. F, G to G-1, H to H-1, & I to I-1). The
Office of the Hon. Solicitor General filed its Notice of Appearance (Exh. B)
and authorized the Office of the City Prosecutor of Angeles City to appear for
and in its behalf (Exh. B-1). In the initial hearing of this case, the petition
was announced to the public and an inquiry was made if there was any
opposition but no opposition was registered. Neither a written opposition has
been filed before this Court up to this time. The public prosecutor actively
participated in the proceedings of this case but did not present evidence for
the State.
EVIDENCE FOR THE PETITIONERS
Ofelia Gopez-Ludwig testified that she is 45 years old, married,
housewife, and residing at No. 500 San Ramon Street, Sto. Domingo,
Angeles City. She is one of the petitioners in this case. The other petitioner,
William Ludwig is her husband for 22 years (Exh. J). She knows the minor
Lysa Marie Gopez because she was given to her by her niece Alona Gopez
when the child was still an infant. She does not know the mother of the
minor Lysa Marie Gopez. The minor was in the custody of her niece Alona
before the minor was given to her care. The mother of the minor left her to
her niece. She said she was just going somewhere but never came back.
She never had the chance to meet the mother of the minor. She was given
to her by her niece because she knows that they could take care of her, so
since then they have taken care of the said minor. After a month, they
decided to give Lysa Marie a name and registered her in their name (Exhs. K
to K-2). They filed this petition for adoption to legalize their being parents of
the minor. She was given to them when she was merely a month old. Since
then, the minor has been living with them. They are the ones supporting the
minor since she was an infant. She and her husband executed an affidavit of
support (Exhs. L to L-2). The minor is like a daughter to them and she acts
as a mother to the minor. They love her so much and she makes them
happy. She has pictures together with the minor and also that of the minor,
as she grows up (Exhs. M to M-3). She has been examined by their
physician and has been found to be physically fit and mentally fit to adopt
(Exhs. N to N-2). The minor had been likewise examined and has been found
to be physically fit to be adopted (Exhs. O to O-2). She is also financially fit
to take care of the minor child. They have some properties registered in their

Sp. Proc. No. 8094 3

Decision

name and also have monthly income. As proof, she presented TCT No.
153392 (Exh. P) registered in the name of Ofelia Ludwig married to William
Ludwig. They own an Isuzu motor vehicle as evidenced by the Certificate of
Registration (Exh. Q) and Official Receipt (Exh. Q-1) with plate No. XTM-594.
They have bank deposit with PNB (Exhs. R to R-2). She is also
psychologically fit to take care of the minor child. As proof, she submitted a
Psychological Evaluation Report (Exhs. S to S-2). She has no pending cases
filed against her in any court. As proof she has clearances from the Police
(Exh. T-1), the Municipal Trial Courts (Exh. T-2), the Regional Trial Courts
(Exh. T-3), and the Office of the City Prosecutor, Angeles City (Exhs. T-4).
She and her husband are of good moral character and persons who
personally know her and her husband had attested to this. As evidence she
has character references from these people such as Lilia Vargas, Melvin
Serrano and Suzana Cruz (Exh. T). The reason why they filed this petition is
to legalized the status of the minor child and to raise her right and so that
they can be the minors legal parents. For two years that the child is with
her, the mother of the minor Lysa Marie never appeared to claim her. As
proof she has a certification from the barangay stating that nobody came to
claim the minor Lysa Marie (Exh. U).
Upon cross-examination, Ofelia Gopez-Ludwig testified that the minor
Lysa Marie is in their house and she is turning three (3) years old this
September. She has been under their custody since her niece gave the child
to her three (3) years ago. She treats her like her own daughter. She and
her husband have no children of their own. Her husband loves the minor like
his own daughter. Her husband is an American citizen and a retired US Air
Force. At present they stay here in the Philippines. As of now, they still have
no plans of settling abroad. She knows that once the petition for adoption is
granted, the minor will become her legal heir. As a mother and adoptive
parents of the minor, she is obliged to support her financially, emotionally
and psychologically and still intends to pursue with the petition.
William Anthony Ludwig testified that he is 64 years old, married,
American citizen and residing at San Ramon Street, San Angelo Subdivision,
Angeles City. He is one of the petitioners in this case. He knows the minor
Lysa Marie. He came to know the minor when her wifes niece came to their
house and told them that the minors mother who is her friend is giving the
minor for adoption. She loves the minor child as his daughter as she has
been with them since birth. Ever since the minor came to their life, she has
been the love of their lives. They have precious time and he never had any
children before so the minor means a lot to him. The minor Lysa Marie has
already adjusted her situation with them. She calls them mom and
daddy, respectively. The minor means so much to them and they treat
her like their own child. They have no intention to live abroad, maybe just to
visit his family in the States but they plan to live here. He is physically and
mentally fit to take care of the minor. As proof, he presented the medical
certificate signed by Dr. Juan de Dios Bustos (Exhs. V to V-2). He is
financially capable to take care of the needs of the minor until she is old
enough to take care of herself. He has a social security and a retired from
the United States Air Force. At present he is receiving $1,167 every month
or P50,000 a month (Exhs. W to W-1). He is receiving $1,017 a month or
P50,000.00 a month from the Social Security Administration (Exhs. X to X1). He has two (2) bank accounts, one from Eastwest Bank (Exhs. Z to Z-1),

Sp. Proc. No. 8094 4

Decision

and another one from the Philippine National Bank (Exhs. Y to Y-1). He also
has a life insurance policy from the military. As proof, he presented a
Certificate of Insurance for Veterans Group Life Insurance (Exhs. AA to AA1). He identified the Original Transfer Certificate of Title (Exh. P to P-1) of a
parcel of land , and certificate of registration and original official receipt
(Exhs. Q to Q-1) of their motor vehicle. He has several pictures together
with the minor child, the latest was taken during her childs third birthday in
September 19 (Exhs. BB to BB-4). He secured clearances from the Police
(Exh. CC), the Office of the Prosecutor (Exh. CC-1), the Municipal Trial
Courts (Exh. CC-2), and the Regional Trial Courts (Exh. CC-3).
Upon cross-examination, William Anthony Ludwig testified that he is
65 years old this December and he is an American citizen. The minor Lysa
Marie is 3 years old and she has been living with them since birth when she
was brought to their house. He and his wife have no children of their own.
His wife Ofelia is 45 years old. He treats the minor as his own daughter and
they are very proud to have her. He knows that once the petition for
adoption is granted, he will have moral and financial obligation over the
minor and despite of this he is willing to pursue with the petition. He just
wants to visit abroad his mom and dad had already passed away and his
family settled here in the Philippines since 2005. His wife had a dual
citizenship, Filipino and American. If they go abroad, they will take the minor
Lysa with them. He thinks that once the petition is granted it would be for
the best interest of the minor child.
Zenaida C. David testified that she is 53 years old, widow, Court Social
Worker Officer II of the RTC, Angeles City and residing at Mocada, Tarlac.
He knows the petitioners, William Anthony Ludwig and Ofelia Agustin
Ludwig. She came to know them when they submitted themselves for an
interview last November 11, 2008 regarding their petition for adoption filed
before the RTC. She knows the minor Lysa Marie as she is the subject minor
in this petition for adoption. The minor child Lysa was only one year old and
few months then. She was able to meet the minor four (4) times when she
conducted an interview on the petitioners. With the interview that she
conducted with the petitioners, it came to her conclusion that petitioners are
qualified to adopt the subject minor although this is a non- relative adoption.
The minor have lived with the petitioners since she was only a few months
old and petitioners are financially capable and financially fit to attend to the
needs of the minor. She is very sure that the subject minor will have a
better future if she becomes an adopted child of the petitioners. She reduced
her findings into written report (Exhs. E to E-8), wherein she recommended
favorable action on the petition. In the said Home and Child Study Reports,
Zenaida David stated as follows:
The home visits were made on November 11, 2008, December 07,
2008, February 27, 2009 and March 03, 2009.
The male petitioner William A. Ludwig is 62 years old, having born on
December 02, 1945 in Ohio, U.S.A. He finished a two (2) year college
education, is a pensioner, and a Roman Catholic. His parents are Williard
Ludwig and Barbara Arkers.
The female petitioner Ofelia Gopez-Ludwig is 43 years old, having born
on September 29, 1964 in Angeles City. She is a college graduate, housewife

Sp. Proc. No. 8094 5

Decision

and a Roman Catholic. Her parents are Horacio Gopez and Virginia Gopez.
They reside at No. 500 San Ramon Street, San Angelo Subdivision, Angeles
City.
The subject minor Lysa Marie Gopez Ludwig is 1 year and three (3)
months old, having born on September 29, 2007 in Angeles City. Her
parents (as written in her birth certificate) are William A. Ludwig and Ofelia
M. Gopez, the petitioners in this case.
Spouses William A. Ludwig and Ofelia Gopez-Ludwig are very desirous
to adopt the herein subject minor. They met in the former Kingsrow Hotel
(now Premiere Hotel) in Angeles City last 1987. William was then connected
with the US Air Force. They became close friends and after a year, their
relationship did not change until both decided to get married on July 29,
1988 at the Holy Rosary Parish Church in Angeles City. Though they were
childless, their relationship never changes, getting stronger everyday as they
really love each other so much. Both petitioners were interviewed and
claimed that both of them never had any past relationship with opposite sex
and no children at all for over twenty years already.
William is 5 feet 10 inches tall and weighs 192 pounds. He has a white
grayish hair and has hazel eyes. He is of average body build and height for
an American and likewise well groomed. He is a likeable person and has a
sense of humor. He likes bowling, watching sports on T.V. and watching Fox
News to keep him on current things going on in the United States of
America. William is the only child in the family and had a wonderful life with
them. His parents are Williard Ludwig and Barbara Arkers, now both
deceased. His parents died of cancer, his father in 1991 while his mother in
1994. William is popular in school, active in class activities and playing
sports during his school days. He graduated elementary in 1961, attended
technical school in 1965 and finished two years college course in the State
University.
On the other hand, Ofelia, the wife petitioner stands 5 feet and 3
inches, weighs 135 pounds, brown eyes, black curly hair and with average
body built. Her parents are the late Horacio Gopez, a retired Clark employee
and Virginia Gopez. She is the fifth among the six (6) children of her parents
of 3 girls and 3 boys. She finished her elementary education in Sto. Domingo
Elementary School, and high school and her college at the Holy Angel
University in 1985 with a degree in Bachelor of Science in Business
Administration. Her family has a very close knit relationship. They always
find quality time together.
Ofelia is a friendly, easy and likeable person to be with. She loves
cooking, baking and shopping. Ofelia knows that her husband loves kids. It
so happened that they were not blessed with children for over twenty years.
They plan for many years while they were still in the USA to adopt when
they retired. When Baby Lysa came into their lives, it was an answer to their
long plan of having a child. Now, they feel that they are a complete family.
They are so lucky to have the minor Lysa with them. In an interview with the
couple, they claimed that they are very much ready for the responsibilities
and obligations to the subject minor.
Lysa, is a very special baby for them. She is like an angel sent from
heaven. She was given to them by their niece, Alona, whose friend got

Sp. Proc. No. 8094 6

Decision

pregnant out of wed-lock and then abandoned the child. Since their niece
has no means to support the child, she gave the subject minor to them for
custody and care.
The couple not mindful of the legal effects and
consequences and for fear that the child will suffer the stigma of not having
known any parents, in good faith, they registered and caused the
registration of the subject minor at the LCR of Angeles City as petitioners
daughter and named the child as LYSA MARIE GOPEZ LUDWIG, who was
born on September 19, 2007 at Angeles City.
In an interview, Alona, herein petitioners niece revealed that said child
was given to her by her Visayan friend, who got pregnant out of wed-lock.
Her friend asked her to look for somebody to adopt and take care of the
child, after which, her friend left immediately. Alona, knowing that the
petitioners are childless, immediately turned over the child to their custody.
They exerted efforts to locate the minors mother but proved futile and her
whereabouts is still unknown to them up to present time.
The petitioners who remain childless up to present time, are now
proposing to legalize their existing relationship with the subject minor, whom
they registered under their name because her parents whereabouts remains
unknown to them. The mother suddenly disappeared after giving her child to
their niece, who in turn, turned over the subject minor in the custody of the
petitioners, knowing that she has no means to raise the child and could not
give her a good future. The petitioners now filed this instant petition to
adopt the said minor. They learned to love and consider her as their own
flesh and blood. They want to protect and safeguard the paramount interest
and welfare of the said minor, give her a home she could call her own, and
give her the proper parental care, love, affection, protection, support,
custody and education in accordance with petitioners social standing. The
minor is well accepted by the relatives of the petitioners, who in fact, are
very desirous and happy to have her be a part of their family. Subject minor
is not related to them; she was just found left and abandoned by her mother
to the herein petitioners niece.
Petitioners are financially capable. They have real and personal
properties in the Philippines approximately over P5,000,000.00. They live in
a duplex house in San Angelo Subdivision, Angeles City, with 3 bedrooms (a
master bedroom, a baby room for Lysa and a guest room); and 1 bathroom.
Their house is always kept clean, neat, stylist and very homely by the wifepetitioner. It is located in a very safe and friendly community.
The petitioners are both retired, financially stable and capable to
support, provide and care for the subject minor, which they have been doing
since the minor was given in their custody up to present. The husband is
receiving a monthly pension from USA of around $2,750.00. They had a joint
savings in the bank of around P1,100,000.00. They have no debt in any
bank/institution or to anybody. Petitioners are both Roman Catholic. They
attended the masses weekly at the Holy Rosary Parish Church in Angeles
City.
Three persons vouched and certified that herein petitioners are
persons of good moral characters and have excellent capabilities to
parenting the subject child. The following are: Lilia Vargas, Melvin Serrano
and Susana Cruz, all from Angeles City.

Sp. Proc. No. 8094 7

Decision

In addition, petitioners are in good health, physically and mentally fit

as per certification issued by Dr. Juan de Dios Bustos. They are both
physically and psychologically fit to become adoptive parents of the subject
child. They have no hereditary illnesses; maintain a healthy diet and love
outdoor adventures. They do not have any history of trauma, vices and
mental or psychological disturbance as per certification issued by
psychologist, Amelia Z. Macapagal.
Petitioners motivation in adopting the minor is because they want a
complete family. They were childless for over twenty years and want to
share with the subject minor their home and family and to have the minor a
complete set of parents as well. They want the minor to be their legal
dependent since they have no children. Said minor was abandoned by her
mother through the niece of the petitioners. The petitioners, since the
minors birth, have taken care of her and they have her actual care and
custody. They consider her as their own and true daughter. Petitioners are
very prepared for the adoption of the subject child.
Subject minor is well loved by the petitioners. In fact, they take
parenting roles very seriously, attending to the minors needs physically.
They expect the minor to be happy and responsible, when she grew-up
continuously under their actual care, custody and proper guidance to the
fullest.
Petitioners are now filing this instant petition to adopt her and so to
correct the entries of simulated birth in the Certificate of Live Birth of said
minor and to legalize their existing relationship. Nobody interposed any
objection on the plan and likewise, the natural mother who disappeared after
giving the said minor child to petitioners niece is still nowhere to be found.
Petitioners verbally expressed the sincere desire to have the minor be
their legal dependent and own child through adoption. Minor is physically
healthy and fit for adoption likewise the herein petitioners are also physically
healthy to adopt the minor. They are financially capable of adopting said
minor child.
As observed, herein petitioners are very happy to have the herein
minor in their custody. They can say now that they have a complete family.
A parents-child relationship already exists between them.
In view of the above-findings, she highly recommends to the
Honorable Court that the adoption of Lysa Marie Gopez Ludwig be granted
for the minors best welfare.
Upon cross-examination Zenaida C. David testified that she conducted
the Child and Home Study in this case. Based on her home visits and
interviews conducted with the petitioners, she found them qualified to adopt
the subject minor considering that they are financially capable and physically
fit to care for and adopt the child and considering that the subject minor is
already 4 years old and lives with them since she was a few months old.
Petitioners are morally and spiritually able to perform their obligations over
the child in case the petition is granted. Once the petition is granted, it will
be for the best interest of the subject minor. The child lives with the
petitioners in San Angelo Subdivision, Angeles City.

Sp. Proc. No. 8094 8

Decision

Findings
The petitioners had established with sufficient evidence that they are
capable to take care of the child whom they have been taking care of and
custody of the same since she was only a few months old. The child is an
abandoned child and is now fit for adoption and the petitioner who have
been in custody of the same have nurtured and provided the child the loving
care of parents, support all her needs for a growing child.
As testified to by the RTC Court social worker, Zenaida David, who
conducted the home and child study, the petitioners love the child and treat
the child as their own flesh and blood and with their social financial
capabilities, the child will have a good future. The petitioner husband as a
retired US Air Force officer is receiving monthly pension, social services
benefits and if the child is adopted she will enjoy the benefits of a dependent
of the petitioner husband as a retired US military officer. Further, both
petitioners are religious person so the child is being brought with the proper
guidance and good upbringings. The petitioners own a well furnished house
in a good neighborhood. As testified by both petitioners, the child is a gift
from God which they have been trying to have for the long twenty years of
their marriage and with the presence of the child they have now a complete
family.
However, although evidence presented showed that the petitioner are
physically, emotionally, psychologically, and financially fit and capable to
adopt the child and they are of good moral character and have no
derogatory records and the child is assured of good upbringing, wholesome
personality, and good education under the care of the petitioners which will
make her a successful person in the future, this court cannot grant the
adoption as the petitioners did not comply with Section 9 (c and d) of the
Rule on Adoption. No evidence was presented that the petitioners has filed
this petition for rectification of the simulated birth and petition for adoption
within the period provided for in Section 22 of Republic Act No. 8552. They
did not report to the Department of Social Welfare and Development that the
child is an abandoned child and the said office did not conduct a study and
made a report that the child is now available for adoption and the petitioners
can now adopt the child. There is no proof that the DSWD allowed the
petitioners to exercise foster care of the child.
Wherefore, premises considered, for failure of the petitioners to
comply with Section 22 of Republic Act No. 8552 and Section 9 (c and d) of
the Rule on Adoption this petition is denied and therefore, this petition is
dismissed.

Angeles City, Philippines, May 27, 2013.

ERUM

BERNARDITA

GABITAN-

Judge
BGE/wlc