leg forms murder.probation.changename.correction.presumptivedeath
TRANSCRIPT
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REPUBLIC OF THE PHILIPPINES}DONE: IN THE CITY OF BAGUIO } S.S.X =========================== X
COMPLAINT-AFFIDAVIT
I, Mary T. Tan, an Investigating Prosecutor, have good reason to believe that,DONALD G. BURGOS, who is hereafter called Defendant, onor about the 1st day ofSeptember, 2014, and before the making and filing of this complaint, in the City ofBaguio, did unlawfully commit the offense of Murder, to wit, did then and thereintentionally and knowingly cause the death of, Ariel S. Magimba by the Defendantcontrary to Article 248 of the Revised Penal Code.
Affiant has learned the following facts:
1. I, Mary T. Tan is a commissioned Investigating Prosecutor in Baguio City, sinceMay 2001. I am employed by the City of Baguio Prosecutors Office.
2. On September 1, 2014, at approximately 12:00 midnight the Police Departmentresponded to a medical call involving a stabbing incident at Rainbow HillsSubdivision located within the City of Baguio.
3. During the interview on September 3, 2014 that I conducted to witness ChristianD. Lopez, a copy of the Sworn Statement is hereto attached as Annex A,Donald G. Burgos, a resident of No. 9 Green Lane, Rainbow Hills Subdivision,Baguio City, is charged of murder and committed as follows:
a. At about 7:00 pm of September 1, 2014, Christian D. Lopez and hisfriends Arnel Marcos, Mark Gaston, Ariel Magimba, and Ernan Fresnowere in the house of Christopher Lopez, Christians father located atNo.17 Green Lane, Rainbow Hills Subdivision, Baguio City. They were havinga drinking spree in celebration of the New Years festivities.
b. At about 9:00 pm Christopher arrived with Donald. The latter joinedChristian and his friends in their drinking and merrymaking. Aftersometime, a commotion ensued when Donald created trouble andchallenged Ariel Magimba to a duel. Christians mother tried to call thefight off, but when she failed, Christopher intervened and succeeded inbringing Donald home.
c. At about 11:00 pm, Christian and his friends agreed to call it a night.Christian told his parents that he, along with Marcos and Fresno wouldaccompany Magimba to their house.
d. As they were passing by the house of Donald Burgos, the latter sneakedfrom behind Magimba and stabbed him at the back. Fresno tried torestrain the appellant, but the latter stabbed him on the right arm.
e. Donald Burgos continued to stabbed Magimba as Christian and Marcosran to the Bantay Bayan Office for help.
f. When they met Christopher on the way, they informed him of the stabbingincident.
g. Christopher, together with some barangay tanods, proceeded to the placeof the incident to conduct an investigation. On their way, Christopher sawFresno who was then fleeing to their house and notice the wound on the
latters right arm. Fresno told Christopher that he and Magimba werestabbed by Donald Burgos. Christopher then rushed to the house ofDonald, and saw the bloodied body of Magimba lying by the roadside.
4. Marie Ann T. Soriano, Medico-Legal Officer of the National Bureau ofInvestigation, performed an autopsy on the cadaver of Magimba and signed his
Autopsy report, attested that indeed Magimbas cause of death was due to the
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several stabbed wounds one of which was from his back. A copy of thePostmortem Findings is hereto attached as Annex B;
5. Based on the foregoing, it is beyond cavil that respondent Donald G. Burgoscommitted the crime of Murder, qualified by treachery under Article 248 of the
Revised Penal Code. There is treachery in the commission of the crime when (a)at the time to attack, the victim was not in a position to defend himself; (b) theoffender consciously and deliberately adopted the particular mean, method andform of attack employed by him.
IN WITNESS WHEREOF, I have affixed my signature this 14th
day of September2014 in Baguio City, Philippines.
Mary T. TanAffiant/Assistant Prosecution Attorney II
SUBSCRIBED AND SWORNto before me in the City of Baguio, this 14 thday ofSeptember 2014.
Sherylle T. OngInvestigating Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the above named affiant and thatthe foregoing statements were given by her voluntarily and of her own free will and thatshe understood her affidavit.
Sherylle T. OngInvestigating Prosecutor
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Republic of the Philippines
REGIONAL TRIAL COURT
FIRST JUDICIAL REGION
Branch 7
Baguio City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIMINAL CASE NO. R-21245
-versus- For: Serious Physical Injuries
ANDY S. SO,
Accused.
x----------------------------------------------x
APPLICATION FOR PROBATION
The accused, through undersigned counsel, unto this Honorable Court, respectfully
states that:
(1) He is of legal age, single, Filipino citizen and a resident of #112-B Ongasan, Loakan,
Baguio City, Philippines;
(2) On September 10, 2014, the Honorable Court rendered judgment on the above-entitled
case convicting him of the crime of serious physical injuries and sentencing him to sufferthe penalty of imprisonment, the dispositive portion of which read as follows:
Wherefore, judgment is hereby rendered, finding the accused guilty of
serious physical injuries defined and penalized under Article 263 of the Revised
Penal Code, who is hereby sentenced to suffer an indeterminate penalty of two (2)
months and one (1) day of Arresto Mayor, as minimum and one (1) year and four
(4) months of PrisionCorreccional, as maximum.
On the Civil aspect, accused is hereby ordered to pay the complainant the
amount of Seventy Five Thousand pesos (PhP 75,000.00) as reimbursement for
actual expenses.
So ordered.
(3) In view of the foregoing judgment, the accused hereby most respectfully applies beforethe Honorable Court for probation;
(4) The accused further states that he is not one among those offenders disqualified to avail
of the benefits of probation, as provided under Section 9, of Presidential Decree No.
968, as amended, to wit:
Section 9.Disqualified Offenders. The benefits of this Decree shall not be
extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished
by imprisonment of not less than one month and one day and/or a fine of not less
than Two Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
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(e) who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof. (italics supplied)
(5) The accused has not perfected nor does he intend to perfect an appeal from the
aforementioned judgment of the Honorable Court;
(6) He further undertakes to faithfully and religiously comply with the conditions of the
probation as provided for under P.D. 956 (Probation Law of 1976) or as may be ordered
by the Honorable Court should this application for probation be granted.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that this pleading be noted
and made part of the records of the above-entitled case and that this Application for Probation
filed by the accused Andy S. So be granted.
Other relief just and equitable in the foregoing is likewise prayed for.
Done this 14thday of September 2014 in Baguio City, Philippines.
ATTY. SHERYLLE T. ONG
Counsel for the Accused
12 Quezon Hill, Baguio City
(074) 300- 3030 / 0923-2334423
PTR No. 050183/Baguio City/12-31-14
Roll of Atty. No. 73222
IBP Lifetime Membership No. 12344
MCLE Compliance No. 71234
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NOTICE OF HEARING
PROS. FLOR-ANN A. CAJAYON
Justice Hall, Baguio City
Greetings!
Please take notice that on September 21, 2014 at 1:00 in the afternoon or soon
thereafter as counsel may be heard, the undersigned will request the HonorableCourt to
approve the foregoing Application for Probation without further argument and appearance from
counsel.
ATTY. SHERYLLE T. ONG
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Republic of the PhilippinesREGIONAL TRIAL COURTFIRST JUDICIAL REGION
Branch 1Baguio City
IN RE: PETITION FOR CHANGE OF NAMEFROM ANGELIQUE VALERA CRUZ TO
ANGELIQUE CRUZ MONTANO
Special ProceedingsCase No. 1578For: CHANGE OF NAME
ANGELIQUE VALERA CRUZ,PetitionerX---------------------------------------X
PETITION FOR CHANGE OF NAME
Petitioner, through the undersigned counsel and unto this Honorable Court, mostrespectfully avers that:
1. Petitioner is of legal age, single, Filipino and a resident of No. 21 BayanPark, Aurora Hill, Baguio City, Philippines where notices and other courtprocesses may be served;
2. Petitioner seeks the change of her name in his Certificate of LiveBirth(Copy of which is hereto attached as ANNEX A, to make anintegral part hereof.);
3. Petitioner was born in Novaliches, Quezon City, Philippines on December21, 1980 to common-law husband and wife CESAR MONTANO andSUNSHINE CRUZ;
4. Petitioners Certificate of Live Birth bears Registry No. 18-1980, and dulyregistered on December 27, 1980;
5. Her name is to be changed from ANGELIQUE VALERA CRUZ toANGELIQUE CRUZ MONTANO;
6. The ground for filing this petition is to remove confusion as to herscholastic records and other legal effects and her first name appearing onher Certificate of Live Birth;
7. She has used the name ANGELIQUE CRUZ MONTANOsince childhoodup to the present as evidenced by her scholastic records and severalpublic documents;
8. Petitioner is submitting the following documents to support this petition;a) Elementary, Secondary and College Diplomasb) Social Security System IDc) Tax Identificationd) Affidavit of Two Disinterested Personse) Voters IDf) Governmental and Non-governmental Organizationg) Membership IDs
9. Petitioner also have no pending administrative, criminal, or civil case inany court of law or quasi-judicial body; and,
10. Petitioner is filing this petition in accordance with Rule 103 of the Rulesof Court.
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P R A Y E R
WHEREFORE,premises considered, it is respectfully prayed of the Honorable Courtthat upon due hearing, an order be issued:
1. declaring that ANGELIQUE VALERA CRUZ be changed to ANGELIQUECRUZ MONTANO;2. ordering the Municipal Registry Office of Novaliches, Quezon City to make
the necessary changes in their records in the Certificate of Live Birth ofANGELIQUE VALERA CRUZ.
Such other reliefs just and equitable are likewise prayed for.
Baguio City, Philippines, this 8thday of September, 2014.
Republic of the Philippines )City of Baguio ) SS.X --------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ANGELIQUE VALERA CRUZ, of legal age, Filipino and a resident of No. 21Bayan Park, Aurora Hill, Baguio City, Philippines, after having been sworn to inaccordance with law, do hereby depose and say:
1. That I am the petitioner in the above-entitled case;2. That I have caused the preparation and filing of this pet i t ion for change
of name; and,
3. That I have read the material and relevant allegations therein containedand the same are true and correct based on my personal knowledge andauthentic records.
Further, I certify:4. That I have not heretofore commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency; that to the best of my knowledge, there is no suchpending action or claim and that if I should hereafter learn that the sameor similar action or claim has been filed or is pending, I shall report suchfact within five (5) days there from to the Honorable Court.
IN WITNESS WHEREOF, I have hereunto affix my signature this 8 thday ofSeptember 2014, in the City of Baguio, Philippines.
ANGELIQUE VALERA CRUZAffiant
ATTY. DEAN C. MAOCounsel for Petitioner
Unit 3B, 3rdFloor, Porta Vaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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SUBSCRIBED AND SWORN to before me in the City of Baguio 8thday ofSeptember 2014 by ANGELIQUE VALERA CRUZ, who have exhibited to me her SSSID No. 14578913671 issued on September 21, 2007 in Baguio City and personallyknown to me, to be the same person who personally signed before me the foregoingand acknowledged that she executed the same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344Series of 2014. MCLE Compliance No. 71234
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Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 2
Baguio City
In the Matter of:
CORRECTION OF ENTRY IN THE
CERTIFICATE OF LIVE BIRTH OF THE
MINOR, MELISSA ZAAVEDRA, herein
represented by his mother and guardian,
ARLENE ZAAVEDRA,
Petitioner,
-versus-
THE LOCAL CIVIL REGISTRAR OF THE
CITY OF BAGUIO,
Respondent.
SPECIAL PROCEEDING
CASE NO. 12892
X ------------------------------------------------------------ x
P E T I T I O N
WITH ALL DUE RESPECT TO THE HONORABLE COURT, the Petitioner, as
represented by her mother and guardian, ARLENE ZAAVEDRA, through counsel, and unto theHonorable Court, states that:
1. The petitioner is a minor, five (5) years and 2 (2) months old, under the care and custody of
his natural mother, ARLENE ZAAVEDRA, with postal address at No. 44 Dominican Hill,
Baguio City, Philippines, where she may be served with summons and other Court
processes;
2. The Local Civil Registrar is a government entity charged with the recording, registration, and
custody of public records and other matters, with postal address at the Baguio Health
Center, T. Alonzo Street, Baguio City, Philippines;
3. Petitioner MELISSA ZAAVEDRAwas born on March 31, 2007, and is the natural child of
ARLENE ZAAVEDRAand ARNOLD ZAAVEDRA. Said birth was duly registered with the
Local Civil Registry under Local Civil Registry No. 01-34578. A machine copy of the
Certificate of Live Birth is hereto attached as Annex A, to form part hereof;
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4. In the said Certificate of Live Birth of the Petitioner, minor petitioners SEX is entered as
MALE, while in truth and in fact her sex is FEMALE. In all truth and honesty, the afore-
stated entry is incorrect, and said information was erroneously entered by the attending
medical clerk at the hospital;
5. This error was made due to mistake of fact, supplied in good faith and without any unlawful
or illegal intention;
6. The Correction being sought is meant to state the truth of her gender.
P R A Y E R
WHEREFORE, premises considered, it is most respectfully prayed of the Honorable
Court that, after due notice and hearing, a decision be rendered in favor of herein Petitioner,ordering the Local Civil Registrar of the City of Baguio to change the entry in Petitioners
Certificate of Live Birth under the - SEX from MALE to FEMALE.
Such other reliefs as may be just and equitable under the circumstances are likewise
prayed for.
IN WITNESS WHEREOF, I have hereunto set my hand this 8 thday of September 2014,
in the City of Baguio, Philippines.
REPUBLIC OF THE PHILIPPINES }
CITY OF BAGUIO } S.S.
X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, ARLENE ZAAVEDRA, of legal age, married, Filipino citizen, and a resident of No. 44
Dominican Hill, Baguio City, hereby declare under oath that:
1. I am the mother and guardian of the above-named petitioner; I have caused the preparation
of the foregoing petition; I have read and understood the contents of the same; and that all
ATTY. DEAN C. MAOCounsel for Petitioner
Unit 3B, 3rdFloor, PortaVaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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the allegations therein are true and correct of my own knowledge and based on authentic
documents;
2. I FURTHER CERTIFY THAT:
a. I have not commenced any proceeding involving the same issues before the
Supreme Court, Court of Appeals, or any other Government Agency or Tribunal;
b. To the best of my knowledge, no such action is pending before the Supreme Court,
Court of Appeals, or any other Government Agency or Tribunal;
c. If there be any similar action before the Supreme Court, Court of Appeals, or any
other Government Agency or Tribunal, I undertake to report the same within five (5)
days to the court where the original action and certification referred to herein has
been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 8 thday of September 2014,
in the City of Baguio, Philippines.
ARLENE ZAAVEDRA
Affiant
Passport No. AA1245789
Issued at Baguio City
Valid until December 2, 2015
SUBSCRIBED AND SWORN to before me in the City of Baguio this 8thday of
September 2014 by ARLENE DEL SOL, personally known to me, who is the same person who
personally signed before me the foregoing affidavit and acknowledged that she executed the
same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 48; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 3
Baguio City
In the Matter of Petition for Declaration
of Presumption of Death
SPECIAL PROCEEDINGS
NO. 92178
CHLOE SULLIVAN-QUEEN,
Petitioner.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
P E T I T I O N
Petitioner, by counsel and to this Honorable Court, alleges that:
1. The petitioner is of legal age, Filipino citizen, and a resident of #217 Tin St., Upper
Quezon Hill, Baguio City;
2. The petitioner and her husband, Oliver C. Queen, were married to each other, on April
18, 1999, before Fr. Mike Seys, CICM, at the Saint Joseph Church, Roman Catholic
Church, Tabuk City, Kalinga Province; Attached herewith, marked as Annex A and
made an integral part of this petition is a copy of the marriage certificate;
3. Out of the said marriage, children were born, to wit:
CASSANDRA ROSE S. QUEEN
Born on January 21, 2000 at Baguio City
- and -
CLARK MATTHEW S. QUEEN
Born on October 14, 2002 at Baguio City
(Attached herewith, are the birth certificates of said children correspondingly marked as
Annex B, Annex C and Annex D);
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4. The petitioners husband left the conjugal abode sometime in 2004 and no news about
said respondent had been received since then;
5. The common children have since been legally adopted by the petitioners parents who
are U.S. citizens and have been living in the United States since their respective
adoptions were granted;
6. Given the lapse of time since the last news or sighting of the petitioners husband, the
latter may now be declared legally dead for all intents and purpose.
PRAYER
WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment asfollows:
a. That after due hearing, a declaration that petitioners husband, OLIVER C. QUEEN, be
declared PRESUMPTIVELY DECEASED for all legal intents and purposes;
b. That petitioner prays for which other reliefs which in the determination of this Honorable
Court may be just and equitable under the premises.
Baguio City, this 21stof September, 2014.
ATTY. DEAN C. MAOCounsel for Petitioner
Unit 3B, 3rdFloor, PortaVaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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REPUBLIC OF THE PHILIPPINES }
CITY OF BAGUIO } S.S.
X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, CHLOE SULLIVAN-QUEEN, of legal age, Filipino, married, and a resident of 217 Tin
St., Upper Quezon Hill, Baguio City, after duly sworn, depose and state:
That I am the petitioner in the above-entitled case;
That I caused the preparation of foregoing Petition;
That I have read and understood the contents thereof, that the same are true of my own
personal knowledge;
That I further certify that I have not commenced any other action or proceedings
involving the same issue in the Supreme Court other than this action, the Court of Appeals, or
any tribunal or agency, and to the best of my knowledge, no such other action or proceeding is
pending in the Supreme Court, the Court of Appeals, or any tribunal or agency; that should I
learn that a similar action or proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or by any other tribunal or agency, I would undertake to notify the court,
the tribunal or agency within five(5) days from such notice.
IN WITNESS WHEREOF, I have hereunto set my hands this 21st day of September
2014 in the City of Baguio, Philippines.
CHLOE SULLIVAN-QUEEN
Affiant
TIN NO. 783-912-991
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21st day of
September 2014 by Chloe Sullivan-Queen, personally known to me, who is the same person
who personally signed before me the foregoing affidavit and acknowledged that she executed
the same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguio
until December 31, 201412 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 49; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the PhilippinesREGIONAL TRIAL COURTFIRST JUDICIAL REGION
Branch 4Baguio City
IN RE:PETITION FOR GUARDIANSHIPOF MINOR MARISOL C. SANDOVALby HECTOR D. SANDOVAL
Special ProceedingsCase No. 12789For:GUARDIANSHIP
HECTOR D. SANDOVAL,Petitioner
x---------------------------------x
P E T I T I O N
Petitioner, through undersigned counsel, and unto this most Honorable Court,most respectfully avers that:
1. Petitioner, of legal age, a resident of No. 45 Purok 3, Upper Fairview,Baguio City, is the grandfather of the minor MARISOL C. SANDOVAL;
2. Said minor at the time of the filing of this petition is eight (8) years oldand is a resident of No. 45 Purok 3, Upper Fairview, Baguio City (Copy ofher Certificate of Live Birth is hereto attached asAnnex A, to make
an integral part hereof);3. Said minor is the only surviving daughter of the Spouses Horation S.
Sandoval and Marissa C. Sandoval who died on September 21, 2012(Copies of their respective Death Certificates are hereto attached as
Annex B andC, respectively, to make an integral part hereof);4. Horatio S. Sandoval, the father of Marisol, is the youngest child of
petitioner;5. Said minor, by succession, owns the following real and personal
properties;
a) House and Lot located at No. 45 Purok 3, Upper Fairview, BaguioCity
Registered under the name of Spouses Horatio and MarissaSandoval
b) 2007 Model Hyundai StarexCertificate of Registration under the name of Horatio Sandoval
c) 2004 Model SaraoJeepneyCertificate of Registration under the name of Horatio Sandoval
6. Due to her minority, it is for her best interestthat a guardian over her
person and property be appointed;7. The names, ages and residences of the relatives of Marisol within the4thcivil degreeof said minor, and of persons having in their custody areas follows:
Relationship Address
a) Eric D. Caine Uncle Alberta, Canadab) Marina G. Sandoval Cousin Tabuk, Kalinga
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c) Alberto S. Sandoval Cousin Tabuk, Kalingad) Irene L. Caine Grandmother California, USAe) Donald Z. Santos Uncle New York, USAf) Frances Z. Santos Aunt Pacdal, Baguio Cityg) Hansen W. Caine Uncle Pacdal, Baguio Ciry
8. Petitioner is possessed of all the qualifications set forth in A.M. 03-02-05-SC, Sec. 5 on the qualifications of guardians.
PRAYER
WHEREFORE,premises considered, it is respectfully prayed that, upon duenotice and hearing, and upon the giving of such bond as this Honorable Court maydirect, PETITIONER BE APPOINTED GUARDIAN OF THE PERSON AND ESTATEOF THE MINOR MARISOL C. SANDOVAL.
Baguio City, Philippines, this 21stday of September, 2014.
REPUBLIC OF THE PHILIPPINES }CITY OF BAGUIO } S.S.
X--------------------------------------------X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, HECTOR D. SANDOVAL,of legal age, married, Filipino Citizen, and resident
of No. 45 Purok 3, Upper Fairview, Baguio City, Philippines after having been sworn toin accordance with law, do hereby depose and say:
1. That I am the petitioner in the above-entitled case;2. That I have caused the preparation and filing of this petition;3. That I have read all the material and relevant allegations therein
contained and the same are true and correct based on my personalknowledge and authentic records;
Further, I certify:
That I have not heretofore commenced any action or filed any claim
involving the same issues before any other court, tribunal or quasi-judicial agency; that to the best of my knowledge, there is no such
pending action or claim and that if I should hereafter learn that the same
or similar action or claim has been filed or is pending, I shall report such
fact within five (5) days there from to the Honorable Court.
ATTY. DEANNE C. MANADAOCounsel for Petitioner
Unit 3B, 3rdFloor, Porta Vaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio City
IBP Lifetime Membership No. 1029338; Baguio-Benguet
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IN WITNESS WHEREOF, I have hereunto affix my signature this 21stday ofSeptember 2014, in the City of Baguio, Philippines.
HECTOR D. SANDOVAL
Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 stday ofSeptember 2014 by Hector D. Sandoval, personally known to me, to be the sameperson who personally signed before me the foregoing and acknowledged that heexecuted the same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguiountil December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 5
Baguio City
MARGAUX ARACELLI D. SALVADOR,
Two (2) years of age,
Represented by her mother,
JANICE D. SALVADOR, Special Proceedings No. 7693
Petitioner, For: HABEAS CORPUS
-versus-
ARAULLO G. SMITH and ANTONETTE G. SMITH,
Respondents.
X-------------------------------------------X
P E T I T I O N
Petitioner, represented by her mother, Janice D. Salvador, through her
undersigned counsel and unto this honorable court states that:
1. The petitioner is a minor, two years of age, and under the legal custody of andresiding with her mother Janice D. Salvador at 34 Benga Road, BakakengCentral, Baguio City while the respondents are of legal age and are residing atNo. 89 Trancoville, Baguio City where they may be served with processes;
2. The petitioner is the legitimate child of Janice D. Sandoval with the respondentAraullo Smith;
3. Due to several attempts made by respondent Araullo Smith on the life of his wifeJanice D. Salvador, the parties have separated with the minor child remaining inthe custody of her mother;
4. The legal custody of the said minor, being under five years of age, is vested inJanice D. Salvador;
5. On October 24, 2012, at about 5:00 in the afternoon, the respondent AraulloSmith, resorting to ruse and trickery, absconded with the petitioner surreptitiouslyleaving Janice D. Salvador in a mall at Magsaysay Avenue, Baguio City withoutreturning the said minor to the custody of their mother;
6. The petitioner, in whose behalf this application is being made, is actuallyrestrained of her liberty by the respondent Araullo Smith in the residence of his
mother Antonette G. Smith who has knowledge that her son is continuouslyrestraining the petitioner;
7. The petitioner is a child of a very delicate state of health and easily get sickwithout special care and attention;
8. The petitioner has exhausted all efforts available at law, and that she has noother plain, speedy or adequate remedy to protect her rights except byapplication for a writ of Habeas Corpus.
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P R A Y E R
WHEREFORE, the petitioner prays that a Writ of Habeas Corpus be issued out
of this Honorable Court, directed to the respondents Araullo Smith and Antonette Smith
commanding them to have the body of the minor, MargauxAracelli Salvador before this
Court at the time and place specified therein, and summon the said respondents then
and there to appear and to show cause of the detention of the said petitioner, and that
after due proceedings, the said MargauxAracelli Salvador be discharged from restraint.
Petitioner likewise prays for other reliefs just and equitable.
Baguio City, Philippines, this 21stday of September, 2014.
REPUBLIC OF THE PHILIPPINES }CITY OF BAGUIO } S.S.X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, Janice D. Salvador, of legal age, Filipino citizen, with postal address at 34
Benga Road, Bakakeng Central, Baguio City after having been duly sworn to in
accordance with law do hereby depose and state that;
1. I caused the preparation of this petition; that the contents thereof were duly
explained to me; that I fully understood all its contents and that the same and all the
factual matters stated therein are true and correct of my own knowledge.
2. I have not commenced any action or proceeding involving the same issue in
any Court or before any other agency or tribunal and that to the best of my knowledge,
no such action or proceeding is pending before any Court, any agency or tribunal; and if
there be any; that I undertake to inform this Honorable Court within five (5) days.
IN WITNESS WHEREOF I have hereunto set my hand this 21st day of
September 2014 at Baguio City, Philippines.
ATTY. DEANNE C. MANADAOCounsel for Petitioner
Unit 3B, 3rdFloor, PortaVaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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JANICE D. SALVADOR
Affiant
TIN No. 555-891-571
Issued on: March 3, 2001
Issued at: Baguio City
SUBSCRIBED AND SWORNto before me in the City of Baguio this 21 stday ofSeptember 2014 by Janice D. Salvador, personally known to me, who is the sameperson who personally signed before me the foregoing affidavit and acknowledged thatshe executed the same.
__________________________________
ATTY. SHERYLLE T. ONGNotary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 6
Baguio City
In the Matter of Voluntary Recognition
ofminor child LOIS JEWEL L. SIMEON
SPECIAL PROCEEDINGS
NO. 89754
LAWRENCE S. SIMEON,
Petitioner
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
P E T I T I O N
Petitioner, by counsel and to this Honorable Court, alleges that:
1. Petitioners of legal age and with residence at #57 Upper Crystal Cave Road,Baguio City.
2. Petitioner is the natural father of the child Lois Jewel l. Simeon, who is 5 yearsof age and lives with him and his wife, mother of said child, at the indicated address andwho, since birth, has been living with them at the above indicated address. Petitionerand his wife have continuously recognized the child as their legitimate child since birth,
introduced her to other persons as their child, and enrolled her as their child in thekindergarten and in the elementary school as his legitimate child. The child has beenpart of any family gathering.
3. The mother of the child, named LISA MARIE A. LANE-SIMEON, is now thelegitimate wife of petitioner, and at the time the child was conceived, petitioner and hismother were not disqualified to marry each other, as they in fact got married thereafter.
4. The names and residences of those who acknowledged the child, apart fromherein petitioner, and their compulsory heirs, are as follows:
LANA K. LANG - #23 Upper Crystal Cave Road, Baguio CityGEOFFREY P. MARCOS - #89 Upper Crystal Cave Road, Baguio City
PRAYER
WHEREFORE, petitioner prays that the voluntary recognition of LOIS JEWELL.SIMEON as the natural child of petitioner and his wife be approved.
Baguio City, this 21stday September, 2014.
ATTY. DEANNE C. MANADAO
Counsel for PetitionerUnit 3B, 3rdFloor, PortaVaga Building
Session Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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REPUBLIC OF THE PHILIPPINES }CITY OF BAGUIO } S.S.X ========================== X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, LAWRENCE S. SIMEON, of legal age, Filipino, married, and a resident of #57
Upper Crystal Cave Road,Baguio City, after duly sworn, depose and state:
That I am the petitioner in the above-entitled case;
That I caused the preparation of foregoing Petition;
That I have read and understood the contents thereof, that the same are true of
my own personal knowledge;
That I further certify that I have not commenced any other action or proceedings
involving the same issue in the Supreme Court other than this action, the Court of
Appeals, or any tribunal or agency, and to the best of my knowledge, no such other
action or proceeding is pending in the Supreme Court, the Court of Appeals, or any
tribunal or agency; that should I learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or by any other tribunal
or agency, I would undertake to notify the court, the tribunal or agency within five(5)
days from such notice.
IN WITNESS WHEREOF, I have hereunto set my hands this 21stday of
September 2014 in the City of Baguio, Philippines.
LAWRENCE S. SIMEON
Affiant
TIN NO. 911-987-517
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21 stday ofSeptember 2014 by Lawrence S. Simeon, personally known to me, who is the same
person who personally signed before me the foregoing affidavit and acknowledged thathe executed the same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the PhilippinesREGIONAL TRIAL COURTFIRST JUDICIAL REGION
Branch 7
Baguio City
In re:
PETITION FOR ADOPTION OF
MINOR NATHALIE EOWYN ALVAREZ by
SPOUSES NIKKI D. NAVARRO AND
NICK F. NAVARRO, WITH CHANGE
OF NAME
SPECIAL PROCEEDINGS
CASE NO. 89412
FOR : ADOPTIONSPOUSES NIKKI D, NAVARRO AND
NICK F. NAVARRO,
Petitioners,
X-----------------------------------------------X
P E T I T I O N
Petitioners, through undersigned counsel, and unto this most Honorable Court,
allege that:
1. The petitioners are Spouses NIKKI D. NAVARRO and NICK F. NAVARRO, bothof legal ages, Filipino Citizens, and residents of No. 89 Imelda Village, Brookside,Baguio City, Philippines, where they have established residence for more thanthree (3) years now and where they may be served with summons and otherCourt processes. Petitioners were wed on May 21, 1994 in Baguio City. Theyhave one child namely: NATASHA BRISEIS D. NAVARRO, who is of legal age.Machine copy of petitioners Marriage Certificate is hereto attached as ANNEXA, to form part of this petition.
2. The Local Civil Registrar in the Municipality of Baguio is a government entitycharged with the recording, registration, and custody of public records and othermatters, with postal address at Baguio City Municipal Hall, Baguio City,Philippines.
3. Petitioners desire to adopt NATHALIE EOWYN ALVAREZ, who was born onMay 25, 2005 in Tabuk City, Kalinga Province, to parents MAY and MARIO
ALVAREZ. The adoptee has been under the petitioners care and custody sincebirth. A machine copy of her Certificate of Live Birth is hereto attached as
ANNEX B, to form an integral part hereof.
4. Petitioners attest that they are in possession of full civil capacity and legal rightsto adopt the minor, NATHALIE EOWYN ALVAREZ. They possess all thequalifications, and none of the disqualifications for adopting said minor. They areboth possessed of good moral character; and have not been convicted of anycrime involving moral turpitude.
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5. They are likewise emotionally and psychologically capable of caring for saidminor, and are in a position to support and care for her.
6. They further attest that NATHALIE EOWYN ALVAREZis not disqualified by lawto be adopted, and that to their knowledge she does not have any estate of
value.
7. The natural mother of NATHALIE EOWYN ALVAREZdoes not object and fullygives her consent to this Adoption. She has executed her Affidavit of Consenthereto attached as Annex C to form part hereof. NATHALIE EOWYN
ALVAREZs biological father is now deceased.
8. Affidavit of Consent of the Petitioners other child is hereto attached as ANNEXD, to form an integral part hereof.
9. This adoption is for the best interests of NATHALIE EOWYN ALVAREZ.
P R A Y E R
WHEREFORE, premises considered, it is most respectfully prayed of this
Honorable Court that:
1. After trial and hearing, the PETITIONERS prayer for adoption of minor beNATHALIE EOWYN ALVAREZgranted;
2. Adoptees name be changed from NATHALIE EOWYN ALVAREZtoNATHALIE EOWYN NAVARRO;
3. The Office of the Local Civil Registrar of Baguio City be ordered to cancelthe birth certificate of NATHALIE EOWYN ALVAREZ, and to issue a newone forNATHALIE EOWYN NAVARRO, properly reflecting the entries inaccordance with this adoption if so granted.
Such other measures of relief as are just and equitable under the circumstances
are likewise prayed for.
Done this 21stday of September 2014 in Baguio City, Philippines
ATTY. DEANNE C. MANADAOCounsel for Petitioner
Unit 3B, 3rdFloor, PortaVaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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REPUBLIC OF THE PHILIPPINES }CITY OF BAGUIO } S.S.
X------------------------------------------------X
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
We,NIKKI D. NAVARRO and NICK F. NAVARRO, the petitioners in this case,
have caused the preparation of the petition for adoption of a minor; we have read the
material and relevant allegations therein contained are true and correct of our personal
knowledge.
We hereby certify that we have not heretofore commenced any action or filed any
claim involving the same issues before any other court, tribunal or quasi-judicial agency;
that to the best of our knowledge, there is no such pending action or claim and that if we
should hereafter learn that the same or similar action or claim has been filed or is
pending, we shall report such fact within five (5) days there from to the Honorable Court.
IN WITNESS WHEREOF, we have hereunto affix our signature this 21stday of
September 2014 in Baguio City, Philippines.
NIKKI D. NAVARRO NICK F. NAVARRO
Affiant Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio this 21stday of
September 2014 by Spouses NIKKI D. NAVARRO and NICK F. NAVARRO, who haveexhibited to me their TIN No. 981-347-981issued on January 4, 2001 in Baguio City andProfessional Drivers License No. AO-0912678 valid until on September 28, 2014 inBaguio City, who are the same persons who personally signed before me the foregoingaffidavit and acknowledged that they executed the same.
__________________________________
ATTY. SHERYLLE T. ONG
Notary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234
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Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 8Baguio City
IN THE MATTER OF THE INTESTATE
ESTATE OF SHANIA S. TWAIN , Special Proceedings No. 78321
For: Letters of Administrat ion
SHANNON S. TWAIN,
Petitioner.x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
PETITION
COMES NOW, the petitioner by the undersigned counsel and unto thisHonorable Court respectfully alleges:
1. That the petitioner is of legal age, single, and resident of No. 27 GreenValley, Baguio City;
2. The she is the legitimate daughter of deceased who died intestate inBaguio City on January 31, 2012;
3. That the deceased SHANIA S. TWAINleft the following legal heirs, to wit:
NAME AGE RELATION
TO
DECEASED
ADDRESS
SHANNON S. TWAIN 28 Daughter Green Valley, Baguio City
SYLVESTER S. TWAIN 21 Son No. 98 Old Cabuyao,
Sauyo, Novaliches, Quezon
City
4. That the deceased left the following real and personal properties, to wit:
CHARACTER LOCATION PROBABLE VALUE
Residential House and Lot Green Valley, Baguio City P 25,000,000.00
Commercial Lot West Rembo, Makati City P20,000,000.00
Personal Properties P 50, 000,000.00
5. That, as far as petitioner knows, the following are the names of the
creditors of the decedent, to wit:
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NAME ADDRESS AMOUNT OF CREDIT
FELY S. LAPPAO Maria Basa, Pacdal, Baguio
City
P50,000.00
ADORACION M. LOPEZ #03 Aurora Hill, Baguio City P70,000.00
PRAYER
WHEREFORE, it is prayed that, after due notice and hearing and the giving of a
bond in the sum fixed by this Honorable Court, letters of administration of the estate of
the deceased SHANIA S. TWAINbe issued in favor of petitioner SHANNON S. TWAIN.
All other relief just and equitable under the circumstances is likewise prayed for.
Baguio City, Philippines, this 22nd day of September 2014.
REPUBLIC OF THE PHILIPPINES }CITY OF BAGUIO } S.S.x--------------------------------------------x
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, SHANNON S. TWAIN, of legal age, Filipino citizen and a resident of No. 27Green Valley, Baguio City, after being duly sworn in accordance with law, hereby
depose and state:
1. That I am the petitioner in the above-entitled case;
2. That I have caused the preparation of thepetition for letters of administration;
3. That I have read the material and relevant allegations therein contained aretrue and correct of my personal knowledge and authentic documents;
4. That I hereby certify that I have not heretofore commenced any action or filedany claim involving the same issues before any other court, tribunal or quasi-judicial
agency;
5. That to the best of my knowledge, there is no such pending action or claim,and that if I should hereafter learn that the same or similar action or claim has been filedor is pending, I shall report such fact within five (5) days therefrom to the HonorableCourt.
ATTY. DEANNE C. MANADAOCounsel for Petitioner
Unit 3B, 3rdFloor, PortaVaga BuildingSession Road, Baguio City
(074) 422-4388/ 09057037608PTR No. 052108; 1-15-10/Baguio City
Roll of Attorney No. 808310; 1-15-10/Baguio CityIBP Lifetime Membership No. 1029338; Baguio-Benguet
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IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day ofSeptember 2014, in the City of Baguio, Philippines.
SHANNON S. TWAINAffiant
SUBSCRIBED AND SWORNto before me in the City of Baguio this 22ndday ofSeptember 2014 bySHANNON S. TWAIN, who is personally known to me, and who isthe same person who personally signed before me the foregoing affidavit andacknowledged that she executed the same.
__________________________________
ATTY. SHERYLLE T. ONGNotary Public for the City of Baguio
until December 31, 2014
12 Quezon Hill, Baguio City
Com. No. 2014 - 023
Doc. No. 47; PTR No. 050183/Baguio City/12-31-14
Page No. 09 ; Roll of Atty. No. 73222
Book No. 01; IBP Lifetime Membership No. 12344
Series of 2014. MCLE Compliance No. 71234