Petition: in The Matter of The Guardianship of The Minors XXX Petition

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In the matter of the Guardianship

of the Minors xxx


Petition

REPUBLIC OF THE PHILIPPINES


NATIONAL CAPITAL REGION
Regional Trial Court
XXX City, Branch ____

IN THE MATTER OF THE GUARDIANSHIP


OFTHE MINORS xxx,

Spec. Proc. No. _____________


(For: Letters of Guardianship)
xxx,
Petitioner.
x---------------------------------------------------------x

PETITION

COMES NOW, Petitioner, through the undersigned counsel, to the


Honorable Court, respectfully states the following:

1. Petitioner is 35 years old, single, and is the maternal uncle of the


wards xxx and xxx. Petitioner resides at (residential address).

2. The wards xxx and xxx are Filipinos, and also reside with petitioner
at (residential address).

3. As proof of the relationship between petitioner and the wards,


hereto attached are the respective Certificates of Live Birth of wards, the
wards mother xxx and the petitioner as Annexes A, B, C and D to
form parts hereof.

4. The wards xxx and xxx are the children of xxx who died on 29 July
2015 and xxx who also died on October 20, 2009, respectively, as shown by
their Certificates of Death marked hereto as Annexes E and F to form
part hereof.

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In the matter of the Guardianship
of the Minors xxx
Petition

5. The custody of the wards was left to the petitioner immediately


after they were both born because their father have left for work in the
United States to work in the United States Navy, while their mother worked
in Abra. Petitioner is the one taking care of their daily needs, accompanying
them to schools and fetching them after their classes, and providing them
moral guidance. They practically grew up looking up to the petitioner as
their real parent and exercising parental authority over them.

6. The wards are entitled to support from the United States


Government in the amount of US$500 per month as death benefits granted
to the surviving heirs of xxx who served in the United States Navy for the
most part of his productive life.

7. Given the minority of the wards, they cannot properly manage the
monthly pension and other benefits that will be given to them by the
United States Government.

8. The Petitioner who is a blood relative of the wards, who has


custody of them ever since and who is financially capable on his own as he
in fact has been spending his own money to support all the needs of the
wards, would be in the best position to take care of the persons and
properties of his nephews.

9. Petitioner has been advised by his counsel of his duties and


responsibilities in the event he is appointed as general guardian of the
wards and that petitioner is ready and able to post a bond in such sum as
the Honorable Court may deem proper.

PRAYER

WHEREFORE, upon hearing of the Petition, it is most respectfully


prayed for by Petitioner that the Honorable Court give due course to the
Petition and that Letters of Guardianship be issued in his favor, Petitioner
xxx, for the purpose of taking care of the persons and managing all the
properties of the wards.

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In the matter of the Guardianship
of the Minors xxx
Petition

Other relief just and equitable are likewise prayed for under the
premises.

Quezon City for xxxx, April 26, 2016.


xxx
Counsel for the Respondent
xxxx
xxxxx
xxxx
By:

xxx
ROLL No. xxx
I.B.P. No. xxx/1-07-16/xxx
P.T.R. No. xxx/1-06-16/xxxxx
MCLE Compliance No. IV-xxx/x-xx-xx
email: xxx@gmail.com

VERIFICATION and CERTIFICATION

I, xxx, after having been duly sworn to in accordance with law,


depose and say that:

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

2. As such, I have caused the preparation of the instant petition and I


have read the contents thereof and that the same is true to the best of my
personal knowledge and/or based on authentic records.

3. I have not commenced any other action with respect to this case,
nor any other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals, or different Divisions thereof, or any
other tribunal or agency, and that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, the Court of Appeals,
or different Divisions thereof, or any other tribunal or agency.

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In the matter of the Guardianship
of the Minors xxx
Petition

4. If there is any other action pending, I will state the status of the
same to this court; and should I learn that any similar action or proceeding
has been filed or is pending before the Supreme Court, the Court of
Appeals, or any Divisions thereof, or any tribunal or agency, I will notify this
court within five (5) days from such notice.

xxx

SUBSCRIBED AND SWORN to before me this ____ day of


___________ 2017, affiant exhibiting to me his SSS I.D. No.
__________________ as proof of his identity.

Doc. No. _____


Page No. _____
Book No. _____
Series of 2017

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