1.

COMPLAINT IN FORCIBLE ENTRY

Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION
METROPOLITAN TRIAL COURT
QUEZON CITY
Branch 031

JUAN AYSION SANTOS

Plaintiff,
-versus-

CIVIL CASE No. Q-12345

For: EJECTMENT (FORCIBLE ENTRY)

JOHN CHIU CO
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - - - - - -x

COMPLAINT FOR E JECTMENT

(F O R C I B L E E N T R Y)
PLAINTIFF, through the undersigned counsel, and unto this Honorable Court
most respectfully submits this Complaint for Forcible Entry and in support hereof makes
the following assertions:
1. Plaintiff JUAN AYSION SANTOS, is residing at #123 Narra St., Fairville, Quezon
City, where he may be served with court order and other processes;
2. Defendant JOHN CHIU CO is a resident of #123 Acacia St., Fairville, Quezon
City where he may be served with summons, order and other court processes;
3. Plaintiff became owner of a certain parcel of land, through a Deed of Sale from
the original owner, JANICE DY LEE. (A copy of the Deed of Sale is hereto
attached as Annex A);
4. The parcel of land, situated in #129 Fairville, Barangay Pangsy, Quezon City, is
covered by Transfer of Certificate of Title No. 12345 issued by the Register of
Deeds od Quezon City and is more particularly described, as follows:
(Description)
(Copy of TCT- 12345 is hereto attached as ANNEX B);
5. Herein Defendant, through stealth and strategy, occupied the parcel of land in
question and refuses to vacate the same despite repeated oral and written
demands. (Copy of the written demand is hereto attached as Annex C);

6. The same acts of the Defendant compelled the Plaintiff to incur damages
consisting of attorneys fees in the amount of
Thirty thousand pesos
(P30,000.00) pesos and filing fee, cost of transportation and other miscellaneous
accommodation of its lawyers and other personal expenses to be incurred in
attending the hearings of this case in the amount of FIFTY THOUSAND PESOS
(Php 25,000.00).
7. This action is governed by the Rules on Summary Procedure;

PRAYE R

WHEREFORE, premises considered, it is respectfully prayed of this Honorable

Court that, after the proceedings, judgment be rendered in favor of the Plaintiff and
ordering the Defendant and all persons claiming rights under him to:
(a) Permanently VACATE the premises in question and give the immediate right of
possession to the Plaintiff;
(b) Pay plaintiff the amount of Thirty Thousand Pesos (P30,000.00) by way of
attorneys fees and Twenty Five Thousand Pesos (P25,000.00), by way of other
litigation expenses; and,
(c) Pay the cost of this suit.
Plaintiff prays for such other remedies and reliefs as may be deemed just and
equitable under the premises.
May 1, 2011. Quezon City, Metro Manila.

ATTY. PHOEMELA G. CRUZ

Counsel for Plaintiff
Quezon City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567

VERIFICATION AND CERTIFICATION

AGAINST NON- FORUM SHOPPING

I, JUAN AYSION SANTOS, of legal age, after being duly sworn to in accordance
with law, depose and attest:

That I am the petitioner in the above-titled case; that I have caused the
preparation of the foregoing petition and understood the contents thereof, and I hereby
declare that all the allegations contained therein are true and correct according to my
knowledge and belief.

Furthermore, I hereby certify that I have not filed nor caused to be filed any other
similar case involving the same issues in the Supreme Court, Court of Appeals or any
other tribunal or agency and that, should there be any other such case/s that may have
been filed, I hereby bind myself to inform the Court of such fact within five (5) days from
the discovery thereof.

IN WITNESS WHEREOF, I have hereunto set our hand this 1 st day of May 2012,
City of Quezon, Metro Manila, Philippines.

JUAN AYSION SANTOS

Affiant
CTC No. 1234565
Issued On: May 4, 2011
Issued At: Quezon City

SUBSCRIBED AND SWORN to before me, in the City of Quezon, this 1 st day of
May 2012, City of Quezon, Metro Manila, Philippines, affiant having ex habited to me
his Drivers License No. ___________, issued at Quezon City, Philippines.

ATTY. DAN B. SAN

Notary Public
Until December 31, 2013
PTR No. A-123056
Issued at Quezon City
On January 1, 2012
Doc. No. 1;

Page No. 1;
Book No. 1;
Series 2012.
2. COMPLAINT IN UNLAWFUL DETAINER

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT
City of Manila
Branch 1
KRUL ACOSTA,
Plaintiff,
-versus-

CIVIL CASE No. 98765

FOR: Unlawful Detainer

MEGAN VITUG,
Defendant.
x-----------------------------------x
COMPLAINT FOR UNLAWFUL DETAINER
COMES NOW, the plaintiff, through the undersigned counsel and unto this
Honorable Court, most respectfully avers:
1.

That the plaintiff, KRUL ACOSTA, is of legal age, Filipino citizen, single, with
residence and postal address at 123 Benitez Street, Manila;

2.

That the defendant, MEGAN VITUG, is of legal age, Filipino citizen, single, with
residence and postal address at 456 Modesto Street, Manila, where they may be served
with summons and other court processes;

3.

The plaintiff is the owner of a land over which an apartment had been
constructed located 654 San Pedro Street, Manila;

4.

By virtue of a contract of lease, the plaintiff leased unto the defendant the
aforesaid apartment for a consideration of P5,000.00 a month as rental to be paid within
the first ten (10) days of each month starting November 3, 2011;

5.

The defendant failed to pay the agreed rental for several months starting
February 19, 2012 up to the present;

6.

On May 3, 2012, the plaintiff sent a letter of demand to vacate the apartment
which was received by the defendant as shown in the registry return receipt hereto
attached as Annex A;

7.

Despite said letter of demand which was repeated by oral demands, the
defendant failed and still refused to pay the agreed amount of rentals and to vacated the
apartment;

8.

By reason of failure of the defendant to vacate the premises and to pay the
unpaid rentals, the plaintiff was compelled to file this complaint engaging the services of
counsel in the amount of P10,000.00.

WHEREFORE, premises considered, it is most respectfully prayed unto this

Honorable Court that, after hearing, judgment be rendered ordering the defendant:
1.
2.
3.

To vacate the subject premises;

To pay the amount of P5,000.00 per month as compensation for the reasonable
use of the subject premises until they finally vacate the said premises;
To pay the plaintiff the cost of the suit.
City of Manila, September 24, 2012.

REYES, TOLENTINO AND CRUZ LAW

OFFICE
Counsel for the Plaintiff
Unit 123, Victoria Tower I
Taft Avenue, Manila
By:

Louise Reyes
Roll of Attorney No. 98765
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )
City of Manila
) S.S.
I, KRUL ACOSTA, of legal age, Filipino citizen, single and resident of 123 Benitez
Street, Manila, after having been duly sworn to in accord Nance with law do hereby
depose and say:
1.
That I am the plaintiff in the above-entitled case;
2.

That I have caused the preparation of the foregoing complaint and have read the
allegations contained therein;

3.

The allegations in the said complaint are true and correct of my own knowledge
and authentic records;

4.

I hereby certify that I have not commenced any other action or proceeding
involving the same issues in any court, tribunal or quasi-judicial agency and, to the best
of my knowledge, no such other action or claim is pending therein;

5.

That if I should learn thereafter that a similar action or proceeding has been filed
or is pending, I hereby undertake to report that fact within five (5) days therefrom to the
court or agency where the original pleading and sworn certification contemplated herein
have been filed;

6.

I executed this verification/certification to attest to the truth of the foregoing facts

and to comply with the provisions of Adm. Circular No. 04-94 of the Honorable Supreme
Court.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 24th of
September 2012, in the City of Manila.

KRUL ACOSTA
SUBSCRIBED AND SWORN to before me this _______ day of September, 2012,
in the City of Manila, affiant exhibiting to me his Drivers License No. 12345 issued by
the Land Transportation Office on April 8, 2012 at the City of Manila.

ATTY. NO CASE
Notary Public
My Commission Expires Dec. 31, 2012
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

Doc. No. ________

Page No. _______
Book No. _______
Series of 2012.

3. PETITION FOR HABEAS CORPUS

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT OF METRO MANILA
Manila, Branch VII

In the Matter of the Petition for Habeas Corpus of

JUAN DELA CRUZ,

Sp. Proc. No.: 08-025

MARIA DELA CRUZ,

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

For: HABEAS CORPUS

PETITION FOR A WRIT OF HABEAS CORPUS

COMES NOW, petitioner by the undersigned attorney, and to this Honorable
Court, respectfully alleges:
1. That petitioner is of legal age, Filipino, single and residing at 33 Arlegui Street,
Manila;
2. That petitioner is the sister of JUAN DELA CRUZ, who was arrested by SPO1
Joseph Santos on December 30, 2007 for alleged participation in a Robbery
with Homicide case;
3. That said Juan dela Cruz was arrested at 11:45 pm at our residence at 33
Arlegui Street, Manila and taken to Police Sub-station 22, Sto. Nino Street,
Manila and has been detained since December 30, 2007 up to the present;
4. That the herein petitioner has learned from reliable sources that Juan dela
Cruz is being unlawfully detained and restrained of his liberty by SPO1
Joseph Santos;
5. That the confinement of said Juan dela Cruz under the circumstance stated is
utterly without legal authority.
WHEREFORE, it is respectfully prayed that a Writ of Habeas Corpus be issued
by this Honorable Court, directed to SPO1 Joseph Santos, commanding the latter to
have the body of Juan dela Cruz before this court at the time and place therein
specified, and to summon said SPO1 Joseph Santos then and there to appear and to
show cause of the detention of said Juan dela Cruz; and that after due proceedings, the

said Juan dela Cruz be restored to his liberty and forthwith discharged from
confinement.
Petitioner further prays for such other relief as this Honorable Court may deem
just and equitable under the premises.
Manila, Philippines, January 5, 2008.
MARIA LOPEZ
Attorney for Defendant
LOPEZ & ASSOCIATES LAW OFFICES
2nd Floor, RCBC Plaza, Ayala Avenue, Makati
City
Roll No. 123456
P.T.R. No. 1234567 / Manila / January 10, 2008
IBP No. 123456/ Manila / January 20, 2008
MCLE Compliance No. 123456

4. PETITION FOR WRIT OF AMPARO

Republic of the Philippines

SUPREME COURT
Manila
IN THE MATTER OF THE PETITION
FOR THE WRIT OF AMPARO
AND HABEAS DATA IN FAVOR
OF MELISSA C. ROXAS,
SP. PROC. NO. _________
FOR: Writ of Amparo and Habeas
Data with prayers for
Protection Orders, an Order
of Inspection of Place, and
Production of Documents
MELISSA C. ROXAS,
Petitioner,
- versus

GLORIA MACAPAGAL ARROYO,

GILBERT TEODORO,
GEN. VICTOR S IBRADO,
P/DIR. GEN. JESUS AME VERZOSA,
LT. GEN. DELFIN N BANGIT,
PCSUPT LEON NILO A. DELA CRUZ,
MAJ. GEN. RALPH VILLANUEVA,
PSSUPT. RUDY GAMIDO LACADIN,
CERTAIN PERSONS WHO GO
BY THE NAMES DEX, RC, AND ROSE
X--------------------------/
PETITION FOR THE WRIT OF AMPARO
AND PETITION FOR THE WRIT OF HABEAS DATA
WITH PRAYERS FOR PROTECTION ORDERS
INSPECTION OF PLACE, AND PRODUCTION OF
DOCUMENTS AND PERSONAL PROPERTIES

PETITIONERS, through Counsel, and unto this Most Honorable Court,

respectfully avers:
1. That petitioner is a U.S. Citizen and has temporary residence in Quezon City
and is the aggrieved party and victim in this Petition and she can be served with
processes of this Honorable Court at her attorneys-in-fact and her lawyers address at
Second Floor, Erythrina Bldg., 1 Maaralin corner Matatag streets, Barangay Sentral,
Diliman, Quezon City;
2. Respondents are: GLORIA MACAPAGAL ARROYO, the President of the
Philippines and who can be served with summons and other court processes and
matters at Malacaang Palace, Manila, SEC. GILBERT TEODORO, Secretary of
Defense, and who can be served with summons and other court processes and matters
at Camp Aguinaldo, EDSA, Quezon City, GEN. VICTOR S. IBRADO, Commanding
General of the Armed Forces of the Philippines, and who can be served with summons
and other court processes and matters at Camp Aguinaldo, EDSA, Quezon City, P/DIR.
GEN. JESUS AME VERZOSA, the Director General of the Philippine National Police,
and who can be served with summons and other court processes and matters at Camp
Crame, EDSA, Quezon City, LT. GEN. DELFIN N. BANGIT, the Commanding General of
the Philippine Army, and who can be served with summons and other court processes
and matters at Fort Bonifacio, Taguig City, MM, PCSUPT LEON NILO A. DELA CRUZ,
the Regional Director of the Philippine National Police Region Office III, and who can be
served with summons and other court processes and matters at Camp Olivas, San
Fernando, Pampanga, MAJ. GEN. RALPH VILLANUEVA, Commanding General Of the
Philippine Armys 7th Infantry Division, and who can be served with summons and other
court processes and matters at Fort Magsaysay, Laur, Nueva Ecija, PSSUPT. RUDY
GAMIDO LACADIN, Police Director of the Province of Tarlac, and who can be served
summons and other court processes and matters at Camp Macabulos, Tarlac City,
Tarlac, and CERTAIN PERSONS WHO GO BY THE NAMES DEX, RC, and ROSE and
they being members or officers of the Armed Forces of the Philippines can be served
summons, court processes and matters at Camp Aguinaldo, EDSA, Quezon City;
3. MELISSA C. ROXAS with two other companions, Juanito Carabeo and John
Edward Jandoc, were abducted and kidnapped by about 15 armed men with strong
evidence of being military personnel on the early afternoon of May 19, 2009 at La Paz,

Tarlac, Philippines and were forcibly brought to a place which is strongly believed to be
Fort Magsaysay;
4. Petitioner and her companions were abducted and kidnapped without any
legal ground, authority and basis for being believed by their abductors and kidnappers
to be members of the CPP - New Peoples Army;
5. Petitioner underwent tactical interrogation and was tortured (attached is her
affidavit and medical certificate as Annexes A and B with reservation on the marking
of a Book entitled Love in Times of Cholera as Annex A-1, the Holy Bible St. James
Version as Annex A-2, the handcuffs with lot number 4760 and made in Taiwan, as
Annex A-3, a slip of paper with an email address and password as Annex A-4, a
blouse as Annex A-5 and a pair of white shoes as Annex A-5) heavily causing trauma
and depression and fear for her life;
6. The lives, liberty and security of Petitioner and her uncle and family have been
threatened by the abductors and kidnappers of Petitioner and are in real imminent
danger and threat;
7. The distance of the travel and the sounds heard by Petitioner in the place
where the Petitioner and the two men were brought as well as the buildings described
by Petitioner are places inside Fort Magsaysay;
8. When Petitioner was abducted, Karapatan made investigations of her
disappearance and reported the matter to police authorities (attached hereto is the
police report as Annex C);
9. The initial reports tallied with the same patterns of abduction and kidnapping
done by military forces to commit the crime with impunity and done brazenly only which
can be done by people who are authorities;
10. The police and military authorities and the Office of the President have not
done anything to investigate their personnel in the commission of this dastardly crime
and if any investigation was made, the investigation was shallow and pro-forma without
any intention of really solving the crime;
11. The Petitioner has been declared by those who abducted her as being in the
Order of Battle (OB) and haS been investigated to be a member of the CPP - NPA
without the presence of counsel despite persistent demand for one. The labeling and
listing her in the OB is a violation of her privacy rights and these list and label must be
expunged from the records including all records taken during the said tactical
interrogation;
12. A camera containing a memory card, an Ipod, the laptop and the journal,
which contain materials private to the petitioner, which were taken from her be returned
including the sphygmomanometer, stethoscope, the medicine, the Ps. 15,000.00 cash
robbed from her;
13. That Petitioner has exhausted all efforts legally available and that there is no
other plain, speedy, and adequate remedy to protect the rights of the victims except by
this application for a Writ of Amparo.
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed unto this
Honorable Court that a WRIT OF AMPARO ORDERING THE RESPONDENTS:

GLORIA MACAPAGAL ARROYO,

GILBERT TEODORO,
GEN. VICTOR S IBRADO,
P/DIR. GEN. JESUS AME VERZOSA,
LT. GEN. DELFIN N BANGIT,
PCSUPT LEON NILO A. DELA CRUZ,
MAJ. GEN. RALPH VILLANUEVA,
PSSUPT. RUDY GAMIDO LACADIN,
CERTAIN PERSONS WHO GO
BY THE NAMES DEX, RC, ROSE
FURTHERMORE, it is likewise most respectfully prayed unto this Most
Honorable Court to issue a Protection Order in favor of PETITIONER MELISSA C.
ROXAS and her family including her uncle, Ruben Roxas, and his family against and
from respondents and to enjoin respondents from doing harm or even approaching the
said persons.
IN THE EVENT THAT THE RESPONDENTS WOULD DENY CUSTODY, it is
most respectfully prayed unto this Most Honorable Court to allow the inspection of
detention areas in 7th Infantry Division at Fort Magsaysay, Laur, Nueva Ecija.
ALSO, it is also most respectfully prayed unto this Honorable Court to order
respondents GLORIA MACAPAGAL ARROYO, to produce documents submitted to her
in the matter of any report on the case of MELISSA ROXAS.
LIKEWISE, to order the other respondents to produce any report submitted to
them regarding the matter of MELISSA ROXAS, including but not limited to intelligence
reports prior to, during and subsequent to May 19, 2009, operation reports prior to,
during and subsequent to May 19, 2009, provost marshall reports during and
subsequent to May 19, 2009 of the 7th Infantry Division, the Special Operations Group
under the Armed Forces of the Philippines or its subsidiaries or those under its branch,
including the 7th infantry Division.
Furthermore, to order that the records pertinent or connected in any way to
MELISSA C. ROXAS or MELISSA ROXAS, or any name which might sound or
approximate the same in the hands of respondent be expunged and should forever be
disabused and should not be used anymore.
FINALLY, to return to Petitioner the camera containing a memory card, the IPOD,
the laptop and the journal which were taken from her, which contain materials private to
the petitioner, be returned including the sphygmomanometer, stethoscope, the
medicine, and the Ps. 15,000.00 cash robbed from her;
DONE. QUEZON, CITY, PHILIPPINES. MAY 28, 2009.

REX J.M.A. FERNANDEZ

PTR 5441971, 1/07/09, Prov. Cebu

LIFETIME MEMBER NO. 01032, Cebu

Second Flr., Erythrina Bldg.,
Maaralin corner Matatag sts.,
Barangay Sentral, Quezon City
Roll 37453, Page 491, Book XV
MCLE Compliance II 001709, 3/12/09

lEXPLANATION: SERVICE TO RESPONDENTS IS DONE by registered mail due to

lack of personnel and distance. (See attached Affidavit of service)

REX J.M.A. FERNANDEZ

Republic of the Philippines)

Quezon City.......................) S.S

VERIFICATION AND CERTIFICATION

I, MELISSA C. ROXAS, of legal age, U.S. Citizen and a temporary resident of

Quezon City, after having been sworn to in accordance with law, do hereby depose and
state that: she is the Petitioner in the above-entitled Petition; she has caused the
preparation of the above Petition and has read and knows the same; the allegations
therein are true and correct of her own personal knowledge; she has not filed nor
commenced any action or proceedings involving the same issues nor is there any
proceedings or action pending before the Supreme Court, Court of Appeals or in any
tribunal or agency with the same issues and parties and in the event that Petitioner
would know that there is an action or proceedings involving the same issues and
parties, she undertakes to notify this Honorable Court of the pendency of the said action
within five (5) days from knowledge thereof.

MELISSA C. ROXAS

SUBSCRIBED AND SWORN to before me this __th day of October 2007 at

Quezon City, Philippines by affiant who showed to me her U.S. Passport No.
443307364, with expiry date on June 1, 2018 and issued at the US Embassy Manila.

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY) s.s.

AFFIDAVIT OF SERVICE
I, OLIVIA BERNARDO, of legal age, Filipino and resident of Quezon City,
Philippines, after having been sworn to in accordance with law, do hereby depose and
state that:
I am a staff member of Karapatan with the Service Department of said human
rights organization;
I furnished a copy of the Petition for a Writ of Amparo each to the following
through private courier attaching hereto the corresponding receipts:
GLORIA MACAPAGAL ARROYO
GILBERT TEODORO
GEN. VICTOR S IBRADO
P/DIR. GEN. JESUS AME VERZOSA
LT. GEN. DELFIN N BANGIT
PCSUPT LEON NILO A. DELA CRUZ
MAJ. GEN. RALPH VILLANUEVA
PSSUPT. RUDY GAMIDO LACADIN
A CERTAIN DEX
A CERTAIN RC
A CERTAIN ROSE
I am executing this affidavit to state the truth of the aforegoing statements.

IN WITNESS WHEREOF, I hereunto affix this signature this __th day of May
2009 at Quezon City, Philippines.

OLIVIA BERNARDO

SUBSCRIBED AND SWORN to before me this __th day of May 2009 at Quezon
City, Philippines by affiant who showed to me her Passport No. xx19589505, issued on
September 4, 2008 at Manila.

5. PETITION FOR ADOPTION

Republic of the Philippines

REGIONAL TRIAL COURT
Family Court
Branch ____
First Judicial Region
Baguio City

IN RE: ADOPTION OF MINOR AND

CHANGE OF NAME OF
LIEZETTE JOY SAN JOSE CUADERNO
TO LIEZETTE JOY RAMOS ABAD
LIGAYA RAMOS ABAD,
- Petitioner,
- versus-

SP. PROC. NO. ___________

LOCAL CIVIL REGISTRAR

OF BAGUIO CITY,
- Respondent.
x------------------------------------------x

PETITION
WITH ALL DUE RESPECT TO THE HONORABLE COURT
Petitioner, through undersigned counsel, unto the Honorable Court most
respectfully alleges that:
1.

The herein petitioner is of legal age, single, Filipino and with residence
and postal address at No. 83 Camp 8, Kennon Rd., Baguio City but for
this proceeding, her address shall be at Molintas and Partners Law
Offices Rm. 203, Jose Miguel Bldg., Corner Yandoc St., Baguio

City, where she may be served with notices, summons, orders and
other court processes;

2.

The respondent, the Local Civil Registrar of Baguio City is herein

impleaded as a nominal party; the government office tasked to
implement whatever order/s that the Honorable Court may issue relative
to this case. Notices, orders, summons and other court processes
maybe served to said office at the Baguio City Hall;

3.

Petitioner, Ligaya Abad, is a single Filipino citizen who is 31 years of

age, having been born on March 30, 1975, copy of her Certificate of
Birth is hereto attached as Annex A. She had never been married and
had never begotten a child. While minor child, LIEZETTE JOY SAN
JOSE CUADERNO, is two (2) years of age, having been born on
January 28, 2004, copy of minors Certificate of Live Birth is hereto
attached as Annex B. From said facts, the prospective ADOPTER is
more than 16 years older than the minor child proposed to be adopted;

4.

The minor child is born to one Malou San Jose Cuaderno. Said
biological mother of the minor child has no stable means of livelihood
with which to support her childs basic, as well as essential needs. Her
circumstances being so, and for the best interest of the minor child, she
had left her child under the care of the petitioner and had consented for
her child to be adopted by the herein petitioner. Copy of her Affidavit of
Consent is hereto attached as Annex C;

5.

Such circumstance of the biological mother did not however hinder her
in making occasional visits at the home of the petitioner to see how her
child was doing;

6.

Since the time LIEZETTE was brought to the house of the petitioner, the
latter had been the one acting as mother to the child; giving her basic
necessities, care, comfort and love. She had provided her a home; a
safe and secure environment for her to grow up in;

7.

MALOU SAN JOSE CUADERNO is neither insane, nor intemperate.

Neither did she abandon her minor child, and she possess full
knowledge of petitioners intention to adopt her minor child and had
expressly given her consent to this adoption;

8.

The petitioner is qualified under the law to adopt a child; she being
emotionally and psychologically capable of caring for the minor child.
She is financially and morally capable of raising the child properly and
adequately;

9.

The petitioner is in possession of her full civil capacity and legal rights,
she is of good moral character and have not been convicted of any
crime involving moral turpitude;

PRAYER

WHEREFORE, it is most respectfully prayed that after due notice and

hearing, judgment be rendered adjudging the minor child, LEIZETTE JOY SAN
JOSE CUADERNO, 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 petitioner, and that her name
follow that of the petitioner, thus LEIZETTE JOY RAMOS ABAD.
Baguio City, Philippines, this 19th day of July 2006

JUDY T. CALSI
Counsel for Petitioner
PTR No. 1427002; 1-03-06/Baguio City
IBP Lifetime Mem. No. 601470; 1-16-04
Baguio-Benguet Chapter
Roll No. 47779; 3-21-03/Manila
MCLE COMPLIANCE No. IV-000657/March 2, 2005
MOLINTAS and PARTNERS LAW OFFICES
Room 203 Jose Miguel Bldg.,
Corner Yandoc St., Baguio City
Counsel for Petitioner

REPUBLIC OF THE PHILIPPINES )

City of Baguio

) S.S.

VERIFICATION and CERTIFICATION

I, LIGAYA R. ABAD, of legal age, single, Filipino citizen and with residence
at Camp 7, Baguio City, Philippines hereby declare under oath that:

1. I am the petitioner in the above-entitled case;

2. I have caused the preparation of this petition, the contents of which are true
and correct to the best of my knowledge and belief;

3. I have not commenced any other action or proceeding involving the same
issues with the Supreme Court, Court of Appeals, or any other tribunal or agency;

4. To the best of my knowledge, no such action or proceeding is pending in the

Supreme Court, Court of Appeals, or any other tribunal or agency;

5. If I should thereafter learn that a similar action or proceeding has been filed, or
is pending before the Supreme Court, Court of Appeals or any other tribunal or agency, I
hereby undertake to report that fact within FIVE (5) days there from to the Honorable
Court.

IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of July
2006 at Baguio City, Philippines.
_____________________
LIGAYA R. ABAD
SUBSCRIBED AND SWORN TO before me this 19th day of July 2006 at Baguio
City, Philippines, the person being personally known to me to be the same person who
executed the foregoing document.
Doc. No. ___;
Page No. ___;
Book II;
Series of 2006

REPUBLIC OF THE PHILIPPINES)

BAGUIO CITY

) S. S.

AFFIDAVIT OF

I, MALOU SAN JOSE CUADERNO, of legal age, single, Filipino citizen with
residence and postal address at Quezon Hill, Baguio City, after having been duly sworn
to in accordance with law, do hereby depose and state that:

1. I am the biological mother of one LEIZETTE JOY SAN JOSE CUADERNO

who was born on January 28, 2004 in Baguio City;
2. I was not married when I gave birth to LIEZETTE JOY;
3. My friend, LIGAYA R. ABAD, had helped me greatly in raising my minor child
and had expressed her desire to adopt my said child;
4. I am not insane, nor intemperate, nor have I abandoned said minor child. I
have full knowledge of the intention of LIGAYA RAMOS ABAD to adopt my
minor child and having the best interest of my child in mind, I have consented
to the adoption;
5. I am aware of the fact that once LEIZETTE JOY SAN JOSE CUADERNO will
be adopted, I shall lose ALL parental authority and that she will become the
legal child of LIGAYA R. ABAD;
6. I am executing this AFFIDAVIT OF CONSENT freely and voluntarily to attest
to the truthfulness of my foregoing statements and circumstances; to prove
and show that I am giving my consent to the adoption of my minor child
LEIZETTE JOY SAN JOSE CUADERNO by LIGAYA RAMOS ABAD and for
all other legal intents and purposes it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of July 2006
at Baguio City, Philippines.

MALOU SAN JOSE CUADERNO

Affiant
BIR TIN No. 456-873-221-000
Issued On: January 4, 2004
Issued At: Baguio City

SUBSCRIBED AND SWORN TO BEFORE ME this 19 th day of July 2006 at

Baguio City. The Affiant exhibited to me her BIR TIN ID Card with the number, date and
place of issue as indicated below her name and signature. She acknowledged to me
that the same is her free and voluntary act or deed.

WITNESS MY HAND AND SEAL.

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of 0f 2006.

6. PETITION FOR CHANGE OF NAME

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
7th Judicial Region
Branch 25
Danao City

IN THE MATTER OF CORRECTION

OF ENTRIES CORRESPONDING TO
THE BIRTH RECORD OF JOVER
HORTELANO AS TO THE SURNAME
OF THE CHILD FROM JOVER PUGOY
TO JOVER POGOY AND AS TO THE
SURNAME OF THE FATHER FROM CELESTINO
PUGOY TO CELESTINO POGOY

JOVER HORTELANO,
Petitioner,
-versusTHE LOCAL CIVIL REGISTRAR OF
CARMEN, CEBU and the NATIONAL
STATISTICS OFFICE Through the
Administrator CARMELITA N. ERICTA,
Respondent,
x----------------------------------------------------------/

Sp. Proc. No.-

PETITION
COMES NOW the Petitioner, by the undersigned counsel and unto this
Honorable Court, respectfully avers that:
1. Petitioner is 30 years of age, married, Filipino and a resident of Poblacion,
Carmen, Cebu, Philipines;
2. Respondent is a government official whose functions include the custody of
birth records as well as registration thereof. Respondent is holding office at
Municipal Hall Compound, Poblacion, Carmen, Cebu, Philippines where
summons and other court processes can be served;
3. Petitioner was born on December 8, 1980 in Carmen, Cebu and duly
recorded in the Local Civil Registry of Carmen, Cebu as evidenced by the
Certificate of Birth issued by the Local Civil Registrar of Carmen, Cebu herein
attached as Annex A;
4. Petitioner has made himself known to the public for the past thirty (30) years
and continues to do so as JOVER POGOY, as shown by his school diploma.
Attached herein and made integral part of this Petition is his Secondary
Diploma issued by Carmen National High School marked as Annex B;
5. Recently, Petitioner secured an authenticated copy of his birth record from the
National Statistics Office. Attached and made an integral part of this Petition
is the Certificate of Live Birth of JOVER C. POGOY marked as Annex C;
6. To the dismay of the herein Petitioner, it appears that there were errors in the
entry of his record, particularly:
Surname of the Child
Surname of the Father of the Child

:
:

JOVER PUGOY
CELESTINO PUGOY

7. After the discovery of the erroneous entries in his birth record, Petitioner
secured a birth certificate from the Carmen Civil Registrars Office and the
same errors were discovered;
8. In order to avoid confusion and to straighten the entries in his birth record,
Petitioner filed this instant Petition in order to have the erroneous entries
rectified and further reflect his correct surname and the surname of his father
which should be entered as:
Surname of the Child
Surname of the Father of the Child

: JOVER POGOY
: CELESTINO POGOY

9. Petitioner ahs no derogatory record in his character as evidenced by the

clearances issued by the proper authorities herein attached as Annex D, E,
F, G, H, and I, respectively;

PRAYE R
WHEREFORE, it most respectfully prayed that, after the due notice and
publication, and hearing, this Honorable Court adjudge and order herein Respondent to
effect the rectification of the Birth Record of JOVER C. POGOY pertaining to the entries
in the surname of the child from JOVER C. PUGOY to JOVER C. POGOY and the
surname of the father from CELESTINO PUGOY to CELESTINO POGOY.
Other reliefs just and equitable under the circumstances are likewise prayed for.
RESPECTFULLY SUBMITTED.
August 4, 2014. Danao City, Cebu Philippines.

DEPARTMENT OF JUSTICE
PUBLIC ATTORNEYS OFFICE
Danao City District Office
COUNSEL FOR PETITIONER
By:

MARISSA M. BERING
Public Attorney II
Attorneys Roll No. 88888
IBP No. 88888, 02.28.14, Cebu
MCLE Compliance No. III-88888888/03.24.14

VERIFICATION and CERTIFICATION

OF NON-FORUM SHOPPING
REPUBLIC OF THE PHILIPPINES}
CITY OF DANAO}SS
X--------------------------------------------------------/
I, JOVER C. POGOY, after being sworn to in accordance with law, deposes and
states:
1. That, I am the Petitioner in the above-entitled case;
2. That, I have caused the Petition to be prepared and has read the contents
thereof;
3. That, the allegations therein are true and correct of own knowledge and
authentic documents;
4. That, I have not therefore commenced any other action or proceeding
involving the same issues in the Supreme Court, the Court of Appeals, or any
other tribunal, agency or hearing officer, to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, the Court of Appeals,
or any other tribunal, agency or hearing officer; if I should learn thereafter that
a similar action or proceeding has been filed or pending, I shall undertake to
report such fact within five (5) days therefrom to this Honorable Court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature
this August 04, 2014 in Danao City, Cebu, Philippines.
JOVER C. POGOY
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this August 04, 2014 in Danao
City, Philippines. Affiant appeared and exhibited his Community Tax Certificate No.
27111827 issued on August 2, 2014 in Carmen, Cebu.
MARISSA M. BERING
Public Attorney II
(Subscribed pursuant to R.A.
9406)

Copy furnished via registered mail due to the distance of the offices:
The Solicitor General
Office of the Solicitor General
134 Amorsolo St., Legaspi Village
Makati City, Philippines

Posted at __________
Posted on__________
Letter No.__________

The Local Civil Registrar of Carmen, Cebu

City Hall Compound, Poblacion
Carmen, Cebu

Posted at __________
Posted on__________
Letter No.__________

MS. CARMELITA N. ERICTA

National Statistics Office
3/F Vibal Building, corner Times Street
Quezon City

Posted at __________
Posted on__________
Letter No.__________

7. ACTION FOR LEGAL SEPARATION

REPUBLIC OF THE PHILIPINES

REGIONAL TRIAL COURT
DESIGNATED FAMILY COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 1, MANILA

JUAN PAOLO DE LA CRUZ

Petitioner,

-versus-

CIVIL CASE NO.E13

For: LEGAL SEPARATION

JUANITA DE LA CRUZ
Respondent.
x-----------------------------------------------x

ANSWER
DEFENDANT, thru the undersigned attorney, unto this Honorable Court, most
respectfully states that:

1. The allegations made under paragraph 1, 2, 3, 4 and 5 of the complaint are

admitted;
2. The allegations made under paragraph 6 of the complaint are not admitted.
The defendant did not have sexual intercourse with another man in the conjugal
dwelling, as alleged in the complaint. The man referred to caught inside the conjugal
room was Dodong Pascual, the family driver, who was asked by the defendant to fix the
rooms airconditioning unit;
3. The allegations made under 7 to 10 are deemed admitted.

NEGATIVE AND AFFIRMATIVE DEFENSES

Defendant hereby re-pleads and incorporates the foregoing averments and as
negative and affirmative defenses state THAT:
(a) There is no sufficient evidence to prove that Defendant was caught having
sexual intercourse with another man, as no visitors were present in the house
on the day alleged to have been the day when the unlawful act was
committed. The Defendant is innocent of the act imputed upon her, and
stresses that this complaint was maliciously filed against her honor, as she
earns more money than her husband, and is more successful in her career as
a designer, than her husband, who has been suspended from his duty as a
police officer.

WHEREFORE, it is most respectfully prayed of this Honorable Court that

judgment be rendered granting other relief and remedies that are just and equitable in
this instant case.
Respectfully submitted, February 5, 2010. Manila, Philippines.

ATTY. TINA PEREZ

COUNSEL FOR RESPONDENT
14B Rufino Pacific Tower,
Ayala Avenue, Makati City

VERIFICATION/CERTIFICATION

I, JUANITA DE LA CRUZ, of legal age, married, Filipino and resident of 2111

Cityland Megaplaza, Ortigas Center, Pasig City, after having been duly sworn to in
accordance with law, do hereby depose and say that I caused the preparation of the
foregoing answer and that the contents thereof are understood by me after being
translated in the dialect I understand and that the same are true to my own knowledge
and belief and based on authentic records.
I have not commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and to the best of my knowledge, no such
other action or claim is pending therein; and that if ever I should thereafter learn that the
same or similar action has been filed or is pending, I shall report such fact within five (5)
days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15 th day of

February at Manila, Philippines.

JUANITA DE LA CRUZ
Affiant

Copy furnished:
ATTY. ELVIS PRESLEY
COUNSEL FOR PETITIONER
366 Rufino Pacific Tower,
Ayala Avenue, Makati City

EXPLANATION: Copy furnished by registered mail due to distance, time constraint and
lack of office personnel to effect personal service.

8. ACTION FOR DECLARATION OF NULLITY OF MARRIAGE

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ____
MANILA

JUANA GO DELA CRUZ,

JDRC Case No. ___________
Petitioner,
-

(for:

Declaration of Nullity
Under Article 36 of the
Family Code)

versus -

JUAN DELA CRUZ,

Respondent.
x------------------------------------x
ANSWER

Respondent, JUAN DELA CRUZ, through the undersigned counsel, and unto this
Honorable Court, most respectfully avers the following in response to the Petition for
Declaration of Nullity.
1. 2 is admitted insofar as his personal circumstances are concerned.
2. 16.2 is DENIED, the truth of the matter being that the Respondent did have his
reasons for getting angry at the Petitioner and that it was the latter who had locked
herself up in the bathroom.
3. 19.2 is DENIED insofar as the Respondents supposed act of forcing the Petitioner
to drink the water is concerned.
4. 21 is DENIED, insofar as the allegation that the Respondent had sexual liaisons with
other women is concerned.
5. 22 is DENIED, the truth of the matter being that the Petitioner had requested the
Respondent to engage in sexual intercourse with her.
6. 24.1 is DENIED, insofar as the allegation that the Respondent had sexual
intercourse with his masseur is concerned.
7. 25 is ADMITTED, insofar as the heated altercation is concerned. But it is averred
that the Respondent was likewise the victim of battery inflicted by the Petitioner.
8. 25.1 is DENIED, the truth of the matter being as follows:
8.1. Petitioner and Respondent were inside their car, parked along Roxas Boulevard.
Petitioner unnecessarily and unexpectedly raised the issue regarding the
Respondents children. Specifically, the Petitioner expressed her desire to send
them away from the family home. Petitioner then used profane and derogatory
language to describe the said children, cursing their very existence. The
Respondent tolerated the Petitioners behaviour for five (5) minutes, upon the

lapse of which he demanded the latter to desist. In response, the Petitioner

slapped and punched the Respondent, for which reason the latter was prompted
to strangle her. However, the Petitioner bit the Respondents wrist and was thus
able to escape.
8.2. The Petitioner ran away from the car and the Respondent followed her,
demanding that she return. As the Petitioner ran, she turned her head to voice
her refusal. This prevented her from seeing the light post ahead, which she ran
into and hit her head. Forced into a stop by the pain, the Petitioner was quickly
taken by the Respondent and brought to a hospital.
9. 27 on the consultation with Dr. Navarro is ADMITTED. But the Respondent DENIES
that it is sufficient to establish his supposed psychological incapacity. The
Respondent DENIES that Narcissistic Personality Disorder is grave enough to
prevent him from complying with the essential marital obligations.
10. The Respondent raises by way of an affirmative defense that the petition FAILS TO
STATE A CAUSE OF ACTION.
10.1.

A cursory reading of the petition would show that it fails to allege the

element of INCURABILITY. In the case of Santos v. CA, the Supreme Court

enumerated the three requirements of psychological incapacity: (a) gravity, (b)
juridical antecedence, and (c) incurability.1
10.2.

While 29 alleges juridical antecedence and 32 alleges gravity, NOWHERE

IN THE PETITION IS IT ALLEGED THAT THE SUPPOSED ROOT CAUSE OF

THE RESPONDENTS PSYCHOLOGICAL INCAPACITY IS PERMANENT OR
INCURABLE.
10.3.

The Respondent thus respectfully prays that the petition be dismissed for

FAILURE TO STATE A CAUSE OF ACTION.

1

WHEREFORE, it is respectfully prayed that the Petition be dismissed for failure to state
a cause of action.
Other reliefs just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
VIRTUCIO LAW OFFICE
Counsel for Respondent
14th Floor Philamlife Tower
8767 Paseo de Roxas
Paseo de Roxas, Makati City
Tel. No. 702-5930 to 02
Email: vloffice@gmail.com
By:

CHRISTOPHER
JOHN
VIRTUCIO
Roll No. 37489
IBP No. 457133/1-3-2014/Manila
PTR
No.
32414131/1-32014/Manila

Copy hereof received ______ this _________ day of ___________, ____________

JHOCSON ESPIRITU & KARIM LAW OFFICE
Counsel for the Petitioner

VIRTUCIO LAW OFFICE

Counsel for the Respondent

COPY FURNISHED:
JHOCSON ESPIRITU & KARIM
LAW OFFICE
Counsel for Petitioner
27th Floor Trafalgar Bldg.
888 H.V. Dela Costa St., Makati City
Tel. No. 800-0001 to 04
Email: firmjek@jeklaw.com.ph

OFFICE OF THE SOLICITOR GENERAL

Makati City

OFFICE OF THE CITY PROSECUTOR

Manila City

9. PETITION FOR LAND REGISTRATION

A. ANY AFFIDAVIT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF TARLAC
: S.S.
MUNICIPALITY OF BAMBAN)
AFFIDAVIT OF CUSTODY
I, AILEEN S. MACARAEG, of legal age, Filipino, single, with residence and
postal address at 0541 Brgy. Cut-Cut 2nd, Capas, Tarlac 2315, Philippines, after having
been duly sworn to in accordance with law, do hereby depose and say:
THAT
1.I am the legal and biological mother of minor child AYN NICOLI SANTIAGO
MACARAEG, who was born on December 21, 2001, presently residing at
Brgy. Cut-Cut 2nd, Capas, Tarlac 2315, Philippines, a copy of his Certificate
of Live Birth is hereto attached as Annex A to form an integral part
hereof;
2.

I have the legal custody of minor child AYN NICOLI SANTIAGO

MACARAEG, and have the right to take my child to Hongkong, Singapore,
Malaysia and other countries and back to the Philippines;

3.

I am executing this Affidavit of Custody to attest to the truth of all the

foregoing;

IN WITNESS WHEREOF, I have hereunto affixed my signature this 3 rd day of

April 2012 at Bamban, Tarlac 2317, Philippines.
AILEEN S. MACARAEG
Affiant
SSS: 02-1548948-7
SUBSCRIBED AND SWORN to before me this 3rd day of April 2012 at Bamban,
Tarlac, Philippines, affiant exhibited to me her positive identification duly noted above
below her name and signature, known to me and to me known to be the same person
who executed foregoing Affidavit of Non-Tenancy and acknowledged to me that the
same is her free act and deed and that she voluntary executed the same and
understood all the contents thereof.
WITNESS MY HAND AND SEAL.

ATTY. ARNALDO P. DIZON

Roll No. 20706
Notary Public-Province of Tarlac
My Commission Expires December 31, 2012
PTR No. 1555954, 01-02-12, Bamban, Tarlac
IBP O. R. No. 773829, 01-02-12, Tarlac Chapter
MCLE Compliance Certificate No. III-0001473/01-09-09
Doc. No. 36;
Page No. 08;
Book No. X;
Series of 2012.
B. AFFIDAVIT WITH JURAT

REPUBLIC OF THE PHILIPPINES}

DONE: IN THE CITY OF BAGUIO} S.C.
x ------------------------------------------- x

AFFIDAVIT OF TRANSFER

We, LEON B. OSING, single, of legal age, Filipino citizen, and with residence
and postal address at #21 Monterrazas Village, Itogon, Benguet and WALI P. AYOLA,
single, of legal age, Filipino citizen, and with residence and postal address at #95 PNB
Village, Marcos Highway, Baguio City, after having been duly sworn in accordance with
law, do hereby depose and state that:

1. The land I,LEON B. OSING, sold in favor of WALI P. AYOLA, with an area of
ONE HUNDRED (100) SQUARE METERS more or less, located at West
Buyagan, La Trinidad, Benguet by virtue of that Absolute Deed of Sale of
Registered Land entered as Doc. No. 10; Page No. 2; Book No. I; Series of
2013, of the Notarial Registry of Atty. ERMIS G. UNTING of Baguio City,
Philippines, dated September 2, 2013 is my retention area of not more than
five (5) hectares;
2. I, WALI P. AYOLA, own an aggregate landholding, including the land area of ONE
HUNDRED (100) SQUARE METERS that I am acquiring from LEON B.
OSING, which is not more than five (5) hectares;
3. That this affidavit is executed in compliance with the DAR Administrative Order
No. 01, Series of 1989 as well as to show proof that the land subject of the
above-mentioned transaction is a retention area or portion of a retention area not
exceeding five (5) hectares.

IN WITNESS WHEREOF, we have hereunto set our hands this 23 rd day of

November 2013, in the City of Baguio, Philippines.

LEON B. OSING

WALI P. AYOLA

Affiant

Affiant

Passport No. YY432155

Postal ID No. 1234321

Valid until June 2, 2016

Valid until May 8, 2015

SUBSCRIBED AND SWORN to before me, in the City of Baguio this 23 rd day of
November 2013, by Leon B. Osing and Wali P. Ayola, who has satisfactorily proven their
identities andwho are the same persons who personally signed before me the foregoing
affidavit and acknowledged that they executed the same.

KATLEEN BANGYAY LORENA

Notary Public

Doc. No.

23;

Page No.

5;

Notarial Commission No. 78-NC-88-N

Book No.

I;

PTR No. 805987; January 2013: Baguio City

Series of 2013

until December 31, 2013

c. document with acknowledgement

ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF BATANGAS ) SS
MUNICIPALITY OF TAAL )
BEFORE ME, this 16th day of February, 2007 in the Municipality of Taal,
Province of Batangas, Philippines, personally appeared PEDRO SANTOS, with
Residence Certificate No. 123456 issued at Taal, Batangas, on February 1, 2007, and
Taxpayers Identification No. 456789 known to me and to me known to be the same
person who executed the foregoing instrument and he acknowledged to me that the
same is his free act and deed.
This instrument, consisting of 5 pages, including the page on which this
acknowledgment is written, has been signed on the left margin of each and every page
thereof by PEDRO SANTOS and his witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand, the day, year, and place
above written.

ATTY. JUAN DELA CRUZ

S. N. 07-11111
NOTARY PUBLIC
Until Dec. 31, 2007
Roll No. 0001
P.T.R. No. 0002, 12/31/2007, Manila.
IBP No. 0003, 12/31/2007, Manila.

Doc. No. 5;
Page No. 6;
Book No. IV;
Series of 2007.