Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES

THIRD JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 42
Angeles City

IN RE: IN THE MATTER OF ADOPTION OF

MINOR GUMMYBEAR KARLOS AND
CHANGE OF NAME TO GUMMYBEAR
KARLOS EDUARDO SPECIAL
PROCEEDING NO
.  R-2977

SPS.  MAKKI EDUARDO

and BITINA KARLOS
EDUARDO,
Petitioners.
x-------------------------------------------------------------- x

THE HONORABLE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo St., Legaspi Village,
Makati City

YOUR HONOR:

We are respectfully furnishing your Honor’s Honorable Office of a copy

of the Petition filed by Spouses Makki Eduardo and Bitina Karlos Eduardo,
petitioners/plaintiffs in the above entitled petition: In re: IN THE MATTER OF
ADOPTION OF MINOR GUMMYBEAR KARLOS AND CHANGE OF NAME TO
GUMMYBEAR KARLOS EDUARDO.

The aforesaid case will be scheduled for hearing upon receipt of your
Honor’s Entry of Appearance as Counsel for the Republic of the Philippines in
the above-captioned case and a written Authority deputizing the Office of the
Provincial Prosecutor to represent/assist your Honor’s good Office.

Please acknowledge receipt hereof.

Angeles City, 25 February 2021.

Gretchen Molina
GRETCHEN MOLINA
Branch Clerk of Court

Copy Furnished:

Atty. APRIL ELENOR C. JUCO

Office of the City Prosecutor
Hall of Justice Building,
Pulung Maragul, Angeles City, Pampanga
Mr. MAKKI D. EDUARDO and
Mrs. BITINA KARLOS-EDUARDO
16 RODEO DRIVE, MARQUEE
PLACE SUBDIVISION, E1, ANGELES
CITY, PAMPANGA
 Republic of the Philippines
REGIONAL TRIAL COURT
THIRD JUDICIAL REGION
BRANCH 42
Angeles City

IN RE: IN THE MATTER OF

ADOPTION OF MINOR GUMMYBEAR
KARLOS AND CHANGE OF NAME TO SPECIAL
GUMMYBEAR KARLOS EDUARDO PROCEEDING 
NO.  R-2977

SPS.  MAKKI
EDUARDO and
BITINA KARLOS
EDUARDO,
Petitioners.

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, Filipino citizens,
married to each other, and residents of No. 16 Rodeo Drive,
Marquee Place Subdivision, E1, Angeles City, Pampanga,
where they may be served with the processes of this Honorable
Court;

2. That the petitioners were married on February 18, 2018 at

Angeles City, this fact is evidenced by their “Certificate of
Marriage”, a copy of which is attached herein as Annex
“A”;

3. That they desire to adopt the minor child named

GUMMYBEAR KARLOS, who is male, three years of age,
Filipino, and likewise residing at No. 16 Rodeo Drive,
Marquee Place Subdivision, E1, Angeles City, Pampanga, a
copy of the “Certificate of Live Birth” of minor GummyBear Karlos is
attached herein as Annex “B”;

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 4. That herein subject minor, was born at Angeles University
Foundation Medical Center on April 06, 2016 to BITINA
KARLOS, unmarried, which proof of birth was duly registered
in the Register of Births of the Office of the Civil Registrar of
Angeles City, for which a Certificate of Live Birth was issued.
A machine copy of it is herewith attached as Annex “A”;

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 ABRAHAM and ESTER SANTIAGO. 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 Zamboanga 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”; 

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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 Zamboanga, Philippines, January 7, 2016.

FATIMA SARPINA P. HINAY

Counsel for the Petitioners
MP Tower, Buenavista St.
Zamboanga City
ROLL NO. 87221  5-16-10
IBP NO.  896989 1-04-16
PTR No. 0927798 1-04-16

DOCUMENTARY AND OBJECT EVIDENCE IN SUPPORT

OF THE PETITION

1. Petitioner will present the following documentary and object

evidence during the trial to support the material allegations
in this Petition namely:

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 - Exhibit “A” is the petitioner and respondent’s Marriage
Certificate to prove that petitioner and respondent were
married on August 7, 1996;

- Exhibit “B” is the Marriage Certificate of respondent and

one Maria Alena Adarna to prove and show that
respondent and Maria Alena Adarna were married on
January 1, 1990;

- Exhibit “C” is the Certificate of Live Birth of one Elias A.

Amberson to prove and show the fact of birth of one Elias
A. Amberson and that the same Certificate of Live Birth is
signed and prepared by respondent himself;

- Exhibit “D” is the Judicial Affidavit of petitioner to form

part of the direct testimony of petitioner and to reinforce
the petition with valid ground under Article 35 (4) of the
Family Code; and

- Exhibit “E” is the Judicial Affidavit of Ms. Kimberly Chua

to form part of the direct testimony of Ms. Kimberly Chua
and to reinforce the petition.

WITNESSES IN SUPPORT OF THE PETITION

2. In addition to the pieces of documentary evidence

mentioned and attached to this Petition, petitioner intends to
present the following witnesses during the trial to support
petitioner’s allegations namely:

(a) Ms. Julia B. Paretto, petitioner herein, to testify on

the material allegations of this Petition, whose
Judicial Affidavit is attached hereto as Annex “D” and
formed an integral part thereof; and
(b) Ms. Kimberly Chua, a common friend of petitioner
and respondent, to testify that she has no knowledge
of any subsisting first marriage of respondent when
she introduced petitioner to the latter during her
party in 1989, whose Judicial Affidavit is attached
hereto as Annex “E” and formed an integral part
thereof.

3. Petitioner respectfully reserves the right to present

additional witnesses, as may be necessary, during the trial

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 of this case, or during other incidents requiring the
presentation of a witness.

PRAYER
WHEREFORE, premises considered, it is most respectfully
prayed of this Honorable Court that after due notice and hearing,
judgment be rendered:

(a) Declaring the marriage between JULIA B. PARETTO and

GERALD D. AMBERSON solemnized on February 14, 1997 as
NULL AND VOID AB INITIO in accordance with Article 35
(4) of the Family Code;

(b) Ordering the Local Civil Registrar of Angeles City and the
Philippine Statistics Authority (PSA) to cancel from their
official records the existing marriage of the petitioner wife
and the respondent husband.

Petitioner likewise prays for such other relief and remedies

deem just and equitable under the premises.

Angeles City, February 14, 2021.

MERCADO LAW OFFICES

Unit 101, Carmel Building, Brgy. Marisol
Angeles City, Pampanga

By:

JadMercado
JASMIN ANGELA DHEY D. MERCADO
Counsel for the Petitioner
PTR OR No. 1112233/01-02-21
IBP LIFE No. 5557788
Attorney’s Roll No. 88888/05-07-00
MCLE Compliance No. V-000088588/02-07-19

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Republic of the Philippines )
Angeles City ) S.S.

CERTIFICATION

I, ATTY. JASMIN ANGELA DHEY D. MERCADO, counsel

for Petitioner of legal age, Filipino citizen, and with office address
at Unit 101, Carmel Building, Brgy. Marisol Angeles City,
Pampanga, hereby freely depose and say:

1. That I have read the allegations contained in this pleading

and document; and

2. That to the best of my knowledge, information and belief,

formed after an inquiry reasonable under the circumstances:

a. It is not being presented for any improper purpose,

such as to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;

b. The claims, defenses, and other legal contentions are

warranted by existing law or jurisprudence, or by a
non-frivolous argument for extending, modifying, or
reversing existing jurisprudence;

c. The factual contentions have evidentiary support so

identified will likely have evidentiary support after
availment of the modes of discovery under these Rules;
and

d. The denials of factual contentions are warranted on the

evidence so identified are reasonably based on belief or
a lack of information.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 14th day of February, 2021 in Angeles City.

JadMercado
ATTY. JASMIN ANGELA DHEY D. MERCADO
Counsel for the Petitioner

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Republic of the Philippines )
Angeles City ) S.S.

VERIFICATION AND CERTIFICTAION AGAINST FORUM

SHOPPING

I, JULIA B. PARETTO, of legal age, Filipino citizen, and a

resident of #143, Purok 4, Brgy. Salapungan, Angeles City,
Pampanga, on oath, say:

3. That I have read the allegations contained therein which are

true and correct based on my personal knowledge and
authentic records;

4. That the complaint is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation;

5. That the factual allegations therein have evidentiary support;

6. That 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;
and

7. That if I should thereafter learn that a similar action or claim

has been filed or is pending, I hereby undertake to report
such fact within five (5) calendar days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 10th day of February, 2021 in Angeles City.

JBParetto
JULIA B. PARETTO
Affiant

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 SUBSCRIBED AND SWORN to before me this 10th day of
February, 2021 in Angeles City, affiant exhibiting to me her
Philippine Passport No. BAR88885 issued by DFA Pampanga on
July 20, 2020 at DFA Robinsons Starmills Pampanga.

TifannyLucman
ATTY. TIFANNY LUCMAN
NOTARY PUBLIC
Until December 31, 2021
PTR No. 567891, Angeles City
IBP LIFE No. 010203 / ROLL No. 61287
Angeles City

Doc. No. 476;

Page No. 96;
Book No. 75;
Series of 2021.

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COPY FURNISHED BY REGISTERED MAIL WITH EXPLANATION THUS:

Because of the impracticability of messengerial service and the

distance between the offices of the parties and their counsel, the original is
filed and copies are furnished by registered mail pursuant to Sec. 7, Rule 13
of the Revised Rules of Court.

JadMercad
JASMIN ANGELA DHEY D. MERCADO
Counsel for the Petitioner
o
Copy Furnished:

THE HONORABLE SOLICITOR GENERAL

Office of the Solicitor General
134 Amorsolo St., Legaspi Village,
Makati City

THE CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice Building,
Pulung Maragul, Angeles City, Pampanga

Mr. GERALD D. AMBERSON

Respondent
No. 3 Lot 27, Block 7, Brgy. Margot,
Angeles City, Pampanga