Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 54
Davao City

IN RE: IN THE MATTER OF

ADOPTION OF MINOR NINO SANTOS
AND CHANGE OF NAME TO ANDRE
DELA CRUZ SPECIAL PROCEEDING
NO. 12345

SPS. MARTYR DELA CRUZ and

MAHA DELA CRUZ,
Petitioners.

x--------------------------------------x

PETITION

COMES, NOW, THE PETITIONERS, thru their counsel, and

unto this Honorable Court, most respectfully allege the following,
to wit:

1. That petitioners are both of legal age, Filipinos,

married to each other, and residents of #54 Lacandalo Drive,
Sta. Maria, Davao City;

2. That they desire to adopt the minor child named

ANDRE DELA CRUZ, who is male, three years of age, Filipino,
and likewise residing at #54 Lacandalo Drive, Sta. Maria,
DAVAO City;
 3. That herein subject minor, was born at Davao City Formatted: Justified, Indent: Left: 0.5", First line: 0.5",
Space Before: 12 pt
Medical Center on December 5, 2012 to ANDRE DELA CRUZ,
unmarried, which proof of birth was duly registered in the
Register of Births of the Office of the Civil Registrar of Davao
City, for which a Certificate of Live Birth was issued. A
machine copy of it is herewith attached as Annex “A”;

4. That the minor child was admitted to the proper care

and custody of the Department of Social Welfare and
Development (DSWD for brevity) by his biological mother
together with referring social worker, SARAH LIM of DWSD-
Crisis Intervention Unit located in Sta. Barbara, Davao City on
December 8, 2012. Subject child was referred to their office
by the Medical Social Worker of Davao City Medical Center
(ZCMC for brevity) after being initially assessed that the
mother cannot support the child with all his needs due to
economic and health reasons;

5. That MARLOU was only 2 days old when he was

brought for admission at the center. He was born through
normal delivery and assisted by DR. PIA CENTENO, Medical
Officer III of Davao City Medical Center;

6. That during the interview of the child’s mother, it was

found that the subject child’s mother worked as a Guest
Relation Officer (GRO) in Fantacy KTV bar along MCLL
Highway, Guiwan, this city, and his father could not be
identified. No further details regarding his family background
was established due to the mother’s inconsistent answers to
the questions. Moreover, the referring social worker, MS.
SARAH LIM worked out to submit child’s mother for
assessment by psychiatrist but the mother refused as she
insisted to be mentally stable and healthy. Per collateral
review on the given address, it was found that the mother has
several men whom she does not want to identify. She has no
relative living in the city.
 7. That during the child’s admission in the center, the
mother, was informed of the placement status of the child and
the center’s programs and services. She was also advised to
come and visit her son to determine her readiness to assume
the role of parenting. Unfortunately, the mother failed to fulfill
such agreement. In fact, it was her first and last visit to her
child has been deprived of the love, care and attention from
his biological mother since he was two (2) days old up to the
present;

8. That as per Child Study report, the DSWD has

evaluated and recommended that the minor child can be
legally adopted to spouses Martyr Dela Cruz and Maha Dela
Cruz for the child’s best interest and welfare. A copy of said
DSWD Child Study Report is herein attached as Annex “B”;

9. THAT, MOREOVER, Petitioner is qualified to adopt the

minor child above-named under Articles 183-186 of the
Family Code of the Philippines, as amended by the provisions
of Republic Act No. 9552, the Domestic Adoption of 1998;

10. That, in addition, the adoptive applicants have been

married since June 16, 2007 but they remain childless. The
spouses decided to foster a child to whom they can give their
love, care and affection. On January 10, 2014, Marlou Rojas
from the Child Reception and Study Center for Children at
Talon-Talon, this city, was placed under their custody as
foster child. Attached herewith is a copy of the spouses’
Marriage Contract as Annex “C”;

11. That the DSWD in fact made a Child Study Report on

the case of the subject minor child and in that study report
i.e. social diagnosis the minor deprived of parental love and
care. They maintained that it was the present custodian, who
unselfishly provided them love and the best opportunities to
make the child fully accepted and loved by the family resulting
to a positive parent-child relationship;

12. That, on September 30, 2015, the subject minor was

formally matched to Spouses Martyr and Maha Dela Cruz. Last
October 15, 2015, the corresponding AFFIDAVIT OF CONSENT
TO ADOPTION by DSWD was issued and herein attached and
form part of the petition as Annex “D”;

13. That herein petitioners has the capability and ability

to extend to said minor the kind of financial support that a
parent can give to his child. ABRAHAM SANTIAGO is an
Accounts Officer in the Land Bank of the Philippines while the
wife ESTER is a pre-school teacher at Ateneo de Davao
University Grade School. Attached hereto are the employment
identification cards of petitioners as Annex “E” and “E-1”;

9. That it is for the best interest of said minor if they

would be considered as child of herein petitioners because his
financial, spiritual, and emotional needs would be taken care
of and his future would be safeguarded. In fact, the couple
owns a house located a safe neighborhood in Sta. Maria. They
also hired a nanny to take care of the subject minor while they
are at work. Moreover, the mother of Abraham lives with the
spouses who loves the child as much as the spouses. With
that, the DSWD, in its Home Study Report, has strongly
evaluated and recommended that the Honorable Court
approve the adoption of minor Marlou Rojas to Spouse
Abraham Santiago and Ester A. Santiago. A copy of the Home
Study Report is herein attached as Annex “F”;

10. That the spouses are of good character, has no

derogatory record whatsoever can be attributed to them, are
emotionally and psychologically capable of caring for the
child, are more than sixteen (16) years older that the subject
minor sought to be adopted, are in position to support and
 care said child in keeping with the means of the family.
Attached herewith are copies of their Police clearances as
statements as Annexes “G” and “G-1”;

11. That, at present, the subject minor is now three (3)

years old and has been with the petitioners for two (2) years
now. He has adjusted well in the atmosphere and
environment of his foster family. He is observed to be an
active, healthy, sociable and affectionate child. Generally
speaking, his total growth and development is within the
normal level which could be attributed to the positive,
alternative, and stimulating activities given by the foster
family.

12. That the minor sought to be adopted does not own

any real, personal, tangible and intangible property; and

13. That this adoption is for the best interest and security
of the said minor if he would be considered as true and legal
child of herein petitioners and it will make his life normal,
productive, and good persons in the community;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court to grant this petition of Spouses Abraham and
Ester Santiago for the adoption of Marlou Rojas and for the change
of the child’s name to Clifford A. Santiago.

Such other reliefs which the Honorable Court may deem just
and equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

City of Davao, Philippines, February 8, 2020.

 Raul Roco
Counsel for Petitioner
Room 8, Tower 1 Verdon Park
Matina, Davao City, Philippines
(082)222-2222 | +63915151519

(Republic of the Philippines)

(City of Davao ) S.S.

VERIFICATION AND CERITIFICATION

We, Spouses MARTYR and MAHA DELA CRUZ, both of

legal age, Filipino citizens, and residents of #54 Lacandalo Drive,
Sta. Maria, Davao City, under oath, depose and state:

1. That we are the Petitioners in the above-mentioned case;

2. That we have caused the preparation of this Petition;
3. That we have read and understood its contents and affirm
that they are true and correct to our personal knowledge
and based on authentic records; and,
4. That we hereby certify that there is no other case or
special proceeding commenced or pending before any
court involving the same parties and the same issue and
that should we learn of such a case or special proceeding,
we shall notify the court within five (5) days from our
notice.

IN WITNESS WHEREOF, we have signed this instrument

on the 8th day of February 2020, in the City of Davao, Philippines.
 Martyr Dela Cruz Maha Dela Cruz
Affiant Affiant

SUBSCRIBED AND SWORN to before me this 8th day of

February 2020, in the City of Davao, Philippines.

Doc. No. 87;

Page No. 17;
Book N0. 1;
Series of 2020