You are on page 1of 3

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FIFTH JUDICIAL REGION
BRANCH __
City of Legazpi, Albay

IN RE: ADOPTION OF MINOR FOUNDLING


SPOUSES TOMMY and
MIHO ESGUERRA
Petitioners
- versus -

SP. PROC. No. __________________

LOCAL CIVIL REGISTRAR


OF LEGAZPI CITY
Respondents

PETITION
Petitioners, thru counsel, unto this Honorable Court most respectfully state:
1. That petitioners are Tommy Esguerra and Miho Kooto, Filipino Citizens, both of
legal age, spouses and with residence at _______________, where they may
be served with the processes of this Honorable Court;
2. That the petitioners were married on August 31, 2014 in Legazpi City, this fact is
evidenced by their Certificate of Marriage, a copy of which is attached herein as
Annex A;
3. That the herein petitioners desire to adopt Foundling, a foundling, female and
about 4 months old, whose filiation is unknown.
4. That petitioner Tommy Esguerra gives his consent to the adoption of the subject
minor. This fact is evidenced by the Affidavit of Consent of petitioner Tommy
Esguerra, a copy of which is attached herein as Annex B;
5. That the subject minor is physically fit to be adopted by the petitioners. This fact
is evidenced by the medical certificate, a copy of which is attached herein as
Annex C;
6. That the subject minor possesses all the qualifications and none of the
disqualifications for her to be adopted by the herein petitioners;
7. That the herein petitioners possess all the qualifications and none of the
disqualifications to adopt the subject minor;
8. That the herein petitioners are in possession of full civil capacity and legal rights
to adopt the subject minor;
9. That the petitioners have not been convicted of any crime involving moral
turpitude. This fact is evidenced by ___________, a copy of which is attached herein
as Annex D.
10. That the herein petitioners are physically, mentally, psychologically,
emotionally, and financially qualified to adopt the said minor, this fact is evidenced by

the medical certificate issued to the petitioners, copies of which are attached herein
as Annexes E and F respectively;
11. That prior to the filing of the instant petition, a social worker has been
assigned to the subject adoption and he has prepared the Child and Home Study
Report which are attached herein as Annex G.
12. This petition will serve the best interest and well-being of the subject minor.

PRAYER
WHEREFORE, petitioners pray that after due notice, publication, and hearing,
this petition for adoption be granted and:
a. Declaring the minor to be the daughter of the petitioners by adoption; and
b. That the last name of Foundling be changed to Esguerra which is the surname of
the petitioners.
Other reliefs just and equitable are prayed for.
Legazpi City, Philippines, November 1, 2015
ATTY. ____________________________
Counsel for the Plaintiff
Rizal St., Legazpi City, Albay
IBP No. 1434 *Legazpi City, Albay* 14 Feb. 2011
PTR No.1434444 *Legazpi City, Albay* 15 Feb. 2012
Roll of Atty. No.14344444*Page143* BookX14
MCLE Compliance Exempted

VERIFICATION AND CERTIFICATE AGAINST NON-FORUM SHOPPING

We, spouses Tommy Esguerra and Miho kooto, of legal age, Filipino and a resident
of Legazpi City, Albay, after having been sworn to in accordance with the law, hereby
depose and say that:
1. We are the petitioners in this instant petition;
2. We caused the personal preparation of the foregoing petition;
3. We have read the same and the contents thereof are true and correct of our
personal knowledge;
4. That we have not theretofore commenced any action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any tribunal action or
proceeding is pending in the above-stated Courts or to any othertribunal or agency;
that if there is any other action or proceeding which is either pending or may have
been terminated other than the above-mentioned,we must state the status thereof;
and that if we should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, we undertake to report the same within five (5) days therefrom to
the court or agency wherein the original pleading and sworn certificate contemplated
herein have been filed.
IN WITNESS THEREOF, we hereby affix our signatures this 1st day of November
2015
Legazpi City, Albay, Philippines.
LEWIS MORTALLA
Affiant

SALVADORA T. MORTALLA
Affiant

SUBSCIBED AND SWORN TO before me this 1st day of November 2015, in the
City of Legazpi after petitioners SPOUSES TOMMY ESGUERRA and MIHO
ESGUERRA showed to me their Drivers Licenses numbered 1234567 and 7654321
respectively, issued on Feb. 14, 2015 and issued in Legazpi City, Albay
ATTY. ____________________________
Counsel for the Plaintiff
Rizal St., Legazpi City, Albay
IBP No. 1434 *Legazpi City, Albay* 14 Feb. 2011
PTR No.1434444 *Legazpi City, Albay* 15 Feb. 2012
Roll of Atty. No.14344444*Page143* BookX14
MCLE Compliance Exempted
Commission No. 1234* Until Dec. 31, 2016

Doc. No.
;
Page No.
;
Book No.
;
Series of 2015

You might also like