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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 1
Batangas City

IN RE: IN THE MATTER OF ADOPTION OF


MINOR RIEL BLAY AND CHANGE OF NAME
TO ERICK NOBLE DELA CRUZ
SPECIAL PROCEEDING
NO. 9567

SPS. JUAN DELA CRUZ and JUANA . 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 619 M.H Del Pilar St. Brgy Cuta, Batangas City;

2. That they desire to adopt the minor child named RIEL BLAY, who
is male, two years of age, Filipino, and likewise residing at 619 M.H Del
Pilar St. Brgy Cuta, Batangas City;

3. That herein subject minor, was born at St Patrick Hospital,


Batangas City on July 5, 2018 to Cherry Blay, unmarried, which proof of
birth was duly registered in the Register of Births of the Office of the Civil

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Registrar of Batangas 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, LEA MANANSALA of DWSD-Crisis Intervention Unit located in
Batangas City on December 8, 2016. Subject child was referred to their
office by the Medical Social Worker of Batangas City Medical Center
after being initially assessed that the mother cannot support the child
with all his needs due to economic and health reasons;

5. That RIEL was only 10 days old when he was brought for
admission at the center. He was born through caesarian delivery and
assisted by DRA JOYCE ALEGRIA , Medical Officer IV of St. Patrick
Hospital;

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


that the subject child’s mother worked as an ambulant vendor in the Port
of Batangas, and his father was already deceased . Further, the referring
social worker, MR. JAYSON MARALIT submitted child’s mother for
assessment by psychiatrist but the mother refused.

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
JUAN DELA CRUZ and JUAN DELA CRUZ for the child’s best interest and

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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 July 12, 2012 but they remain childless. 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. ;

12. That, on September 01, 2019, the subject minor was formally
matched to Spouses JUAN DELA CRUZ and JUANA DELA CRUZ. Last
October 15, 2019, 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. JUAN DELA CRUZ is a Port Police Officer in the Philippine Ports
Authority, Port Management Office-Batangas while the wife JUANA is a
Human Resource Officer II at the same government entity. 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

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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 Riel Blay and for the change of the child’s name to Erick
Noble Dela Cruz.

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

RESPECTFULLY SUBMITTED.

City of Batangas, Philippines, January 7, 2016.

JARIE A. ALEGRIA
Counsel for the Petitioners
LK Tower, Rizal Avenue St.
Batangas City
ROLL NO. 88888 5-16-10
IBP NO. 8888888 1-04-16
PTR No. 8888888 1-04-16

(Republic of the Philippines)


(City of Batangas City ) S.S.
X- - - - - - - - - - - - - - - - - - - - - - - )

VERIFICATION AND CERITIFICATION

We, Spouses JUAN DELA CRUZ and JUANA DELA CRUZ, both of legal age,
Filipino citizens, and residents of Zamboanga City, under oath, depose and
state:

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

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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 7th day of


November 2020, in the City of Batangas , Philippines.

JUAN DELA CRUZ JUANA DELA CRUZ


Affiant Affiant

SUBSCRIBED AND SWORN to before me this 7th day of January 2016, in


the City of Zamboanga, Philippines.
Doc. No. ___
FATIMA SARPINA P. HINAY
Page No. ___ Notary Public
Book N0. ___ MP Tower, Buenavista St.
Series of 2016 Zamboanga City
ROLL NO. 87221 5-16-10
IBP NO. 896989 1-04-16

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