Republic of the Philippines

REGIONAL TRIAL COURT

SEVENTH (7TH) JUDICIAL REGION
Cebu City
Branch _______

In the matter of the Adoption Sp. Proc. No. _________

of minor child, ANGELO
TIU and change of name to
ANGELO JAO

SPOUSES MARY JUN JAO and PHIL

JAO
,
Petitioners,

For: JOINT
DOMESTIC
ADOPTION
OF MINOR CHILD
WITH
CHANGE OF NAME

LOCAL CIVIL REGISTRAR, Cebu City;

NATIONAL STATISTICS OFFICE (NSO),
Main Office,
Respondent.
x-------------------------------------------------------------------------------------------
------------/
PETITION

PETITIONERS SPOUSES MARY JUN JAO and PHIL JAO, by

counsel, to the Honorable Court, most respectfully state:

I- THE PARTIES

1. Petitioners herein are spouses MARY JUN JAO

(hereinafter, the “Petitioner-Wife”) and PHIL JAO (hereinafter,
“Petitioner-Husband”), both of legal age; Filipino Citizen and
American/US National, respectively; legally married to each
other; and with conjugal residence at Unit 6, J & H, F. Pacaña

1|Page
St., Brgy. Punta Princesa, Cebu City 6000 Philippines
(collectively, hereinafter, the “Petitioners”), who may be served
with processes of the Honorable Court through the Law Office
address of the undersigned counsel, indicated hereunder.

2. On the other hand, impleaded herein as public

respondents are the Local Civil Registrar of Cebu City, Office of
the Cebu City Civil Registry, with office located at the City
Health Department, Gen. Maxilom Ave., Brgy. Carreta, Cebu
City 6000 (hereinafter, the “LCR-CC”); and the Registrar
General of the National Statistics Office (NSO), with office
located at its NSO Head Quarter, East Ave., Quezon City
(hereinafter, “RG-NSO”), who may be served respectively with
processes of the Honorable Court through the above office
addresses.

3. The child subject hereof is named ANGELO TIU,

herein after referred to as “CHILD”, is the natural or biological
child of the Wife-Petitioner and her former husband, MR. ELVIS
P. TIU, with whose marriage had been declared by the court in
Mandaue City, Cebu as void ab initio.1

Although the CHILD has reached the age of majority, he is

not disqualified by law to be adopted, as an exception under
Art. 187 of the Family Code, being the children by nature of the
adopter (Petitioner-Wife) and the adopter’s (Petitioner’s
Husband’s) spouse.
Hereto attached are copies of the
Certificates of Live Birth of the said
CHILDREN, duly issued by the
Philippine Statistics Authority (PSA), as
ANNEXES “A”, “B”, “C”, “D” and “E”
hereof;

4. The CHILD and the herein Petitioner-Wife as well as

the Petitioner-Husband have an age gap of more than sixteen
(16) years.

II- NATURE OF THE PETITION

1
Decision dated Janunary 10, 2008, signed by Hon. Judge Ulric R. Cañete, Regional Trial Court – Branch
55, Mandaue City, Cebu.

2|Page
 5. The instant petition is one for Joint Domestic
Adoption of CHILD, as well as for Change of Name in
consequence of the said adoption proceedings, both in
accordance with our civil law, special adoption laws, and
special procedures promulgated therefor.

III- CAUSE/S OF ACTION

6. On June 08, 2017, the Petitioners entered into

marriage at the Municipal Trial Court of Minglanilla, Cebu, as
evidence by the Certificate of Marriage, duly issued by the
Philippine Statistics Authority (PSA).

Hereto attached is a copy of the

Certificate of Marriage duly
obtained from the Philippine
Statistics Authority, as ANNEX “F”
hereof.

7. The Petitioners, during their consortium as a married

couple, have not produced any offspring, whatsoever. Hence,
Petitioners are childless, as a couple.

8. During their marriage, both Petitioners have resided

in Cebu City, at their given address. The Petitioner-Husband,
however, continues to travel back and forth to the United
States in order to attend to some financial matters.

9. Petitioner-Husband is a pensioner, who receives a

monthly pension the amount of which is more than sufficient to
provide not only for his own basic support, but also even for
that of the Petitioner-Wife and their prospective adopted
CHILD.

10. Without any doubt, the herein Petitioner-Husband is

a provider par excellence. Thus, the herein Petitioners are in a
position to financially support and care for the needs of their
herein CHILD as their common child.

3|Page
 11. Both the Petitioners are in possession of full civil
capacity and legal rights. Said Petitioners have never
committed nor been involved in any crime or infraction of any
law or ordinance both here and abroad whatsoever, as
evidenced by the Certifications duly issued by the Office of the
Punong Barangay of Brgy. Punta Princesa, Philippine National
Police -Cebu City Police Station (PNP-CCPO) and the National
Bureau of Investigation (NBI).

Hereto attached are copies of the

Barangay Clearance of Brgy. Punta
Princesa, Cebu City; PNP Police
Clearances and NBI Clearances duly
issued to Petitioner-Wife as ANNEXES
“G”, “H”, and “I”, respectively.

Hereto attached are copies of the

Barangay Clearance of Brgy. Punta
Princesa, Cebu City; PNP Police
Clearances and NBI Clearances duly
issued to Petitioner-Husband as
ANNEXES “J”, “K”, and “L”,
respectively.

12. Neither have the Petitioners been charged of any

crime nor have any pending cases in the courts of law, as
evidenced by the Certifications duly issued by both the
Municipal Trial Courts of Minglanilla (MTCC-Cebu City); as well
as that of the Regional Trial Court in Cebu City (RTC-Cebu City).

Hereto attached are copies of the

Clearance Certifications issued in
favor of the Petitioner-Wife by the
Clerk of Court of MTCC-Cebu City,
and the Clerk of Court of RTC-Cebu
City as ANNEXES “M”, and “N”,
respectively.

Hereto attached are copies of the

Clearance Certifications issued in
favor of the Petitioner-Husband by
the Clerk of Court of MTCC-Cebu
4|Page
 City, and the Clerk of Court of RTC-
Cebu City as ANNEXES “O”, and “P”,
respectively.

13. Moreover, the herein Petitioners have not been the

subject of any criminal complaint/s before the Prosecution
Office, as evidenced by the Certifications duly issued by Office
of the Cebu City Prosecutor and Office of the Cebu Provincial
Prosecutor.

Hereto attached are copies of the

Certifications issued in favor of the
Petitioner-Wife by the Office of the
Cebu City Prosecutor and Office of
the Cebu Provincial Prosecutor, as
ANNEXES “Q” and “R”, respectively.

Hereto attached are copies of the

Certifications issued in favor of the
Petitioner-Husband by the Office of
the Cebu City Prosecutor and Office
of the Cebu Provincial Prosecutor, as
ANNEXES “S” and “T”, respectively.

14. The Petitioners have been living in peace and

harmony with their neighbors, or to every other persons in their
community and the nation at large.

15. The Petitioners herein have managed to maintain a

healthy lifestyle, for which reason the Petitioner-Husband had
obtained an excellent bill of health.

16. Moreover, the Petitioners herein have been judicious

in conserving their resources by securing bank savings for
themselves and the prospective adopted child with the aim in
mind of achieving financial freedom.

17. Furthermore, the Petitioners have provided for this

prospective adopted CHILD, a happy home, which they
established at the above-given address.

5|Page
 18. The herein Petitioners have been taking care of the
welfare of the CHILD, and shall continue to do so for as long as
they live, thereby demonstrating the fact that they are
emotionally and psychologically capable of taking care of the
said CHILD. In fact, said CHILD is in the pink of health and is
having a healthy mental disposition, which can readily be
revealed by her physical well-being.

19. Considering that the CHILD is the natural or

biological child of herein Petitioner-Wife, who is sought to be
jointly adopted by her and the Petitioner-Husband, and
considering further that said CHILD have been living with the
said Petitioners for over two (2) years now, supervised trial
custody is dispensed with.

20. Parenthetically, the CHILD have no known property

under their names.

FURTHER ALLEGATION ABOUT THE

QUALIFICATION OF THE ALIEN PETITIONER-HUSBAND

Petitioners hereby re-plead and incorporated all the

above allegations, and hereby further alleges, to wit:

21. The Petitioner-Husband’s home country, United

States of America, is a state with which the Republic of the
Philippines has established diplomatic relations.

22. Moreover, the Petitioner-Husband has been living in

the Philippines continuously for three (3) prior to the filing of the
instant petition; and maintains his residence here in the
Philippines until the adoption decree shall have been entered.

23. Further, the Petitioner-Husband is duly certified by his

home country as having the legal capacity to adopt, and that
his government allows the adoptee to enter his country as his
adopted child.

CAUSE AND REASON

FOR CHANGE OF NAME

6|Page
 24. As a consequence of the instant petition for
adoption, necessarily, the name of the herein CHILD shall be
changed from ANGELO TIU to ANGELO JAO

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed, that after due notice and publication, as well as the
required hearing before the Honorable Court shall have been
duly conducted, Judgment/Decision shall issue in favor of the
Petitioners in the following manner:

1. TO ADJUDGE the instant Petition GRANTING the Joint

Adoption of CHILD in favor of herein Petitioners;

2. TO ORDER the Local Civil Registrar of Cebu City to

CANCEL the Live Birth Certificate of the herein CHILD;
and in lieu thereof, ISSUE A NEW ONE, DECLARING the
herein Petitioners as the Parents of the herein CHILD
and a new name of the said CHILD be entered therein
as ANGELO JAO from ANGELO TIU;

3. Other reliefs and remedies just and equitable under the

premises are likewise prayed for.

RESPECTFULLY SUBMITTED. February 19, 2019, Cebu City,

Philippines.

CHRISTIAN LULU A. KONG

Counsel for Petitioner
PTR No. 012345/Cebu City/01-11-19
Roll of Atty. No. 3781523
IBP Lifetime Membership No. 3359187
Suite No. 203 2/f Oftana Bldg.,
Osmeña Blvd. cor. Jasmin. St., Capitol
Site, 6000 Cebu City, Philippines
Law Office Tel. No. +6332 262 2655
7|Page
 MCLE Compliance No. V-12345 Jan.
18, 2018

Copy furnished:

OFFICE OF THE SOLICITOR GENERAL registry receipt no.

___________
134 Amorsolo St., Legaspi Village date:
_______________________
Makati City, Philippines 1229

LOCAL CIVIL REGISTRAR, Cebu City registry receipt no.

___________
City Health Department date:
_______________________
Gen. Maxilom Ave., Carreta,
6000 Cebu City, Philippines

NATIONAL STATISTICS OFFICE (NSO) registry receipt no.

___________
East Avenue, date:
_______________________
Quezon City, Philippines

CERTIFICATION

This is to certify that copies of the instant Petitioner have

been duly served/furnished to the following government
offices: (a) Office of the Solicitor General, Makati City; (b)
LOCAL CIVIL REGISTRAR, Cebu City; (c) NATIONAL STATISTICS
OFFICE (NSO), Quezon City, not by personal service but by
registered mail by reason of distance. Thank you.

CHRISTIAN LULU A. KONG

8|Page
Republic of the Philippines)
City of Cebu………………..) S. c.
x--------------------------------------/

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

WE, spouses MARY JAO(hereinafter, the “Petitioner-Wife”)

PHIL JAO (hereinafter, “Petitioner-Husband”), of legal age,
Filipino Citizen and US/American National respectively, married
to each other, and residents at Unit 6, J & H, F. Pacaña St., Brgy.
Punta Princesa, Cebu City 6000 Philippines, after having been
sworn to in accordance with law, do hereby depose and state
that:

1. We are the petitioners in the above-entitled petition

for joint adoption of the biological child of the Petitioner-Wife,
named ANGELO TIU;
2. We have caused the preparation and drafting of
the above-entitled petition for joint adoption of the afore-
named children;
3. We have read and understood the contents of the
same and that the same are true and correct of our own
personal knowledge and based on authentic records;
4. We have not filed any other case of similar import, in
any other court, tribunal or agency/office; and should we
hereafter learn that the same or similar action had been filed or
is pending in any other court, tribunal, office/agency, we
hereby undertake to inform the Honorable Court of such fact
within five (5) days thereafter.

IN WTINESS WHEREOF, we hereunto affix our signatures this

19th day of February 2019, in the City of Cebu, Philippines.

PHIL JAO MARY JUN JAO

Affiant Affiant
Passport No. 1234567 Postal ID No. PRN 12345678
Date issued 010 May 2017 Valid until 03 October 2020
Expires on 09 May 2022

SUBSCRIBED AND SWORN to before me this 19th day of

February 2019, in the City of Cebu, Philippines, affiants exhibited
to me their respective identification cards bearing their
9|Page
signatures and pictures, as competent evidence of identity. I
hereby certify that I have examined the affiants, and am
satisfied that this instrument is their free and voluntary act and
deed.

CHRISTIA SANDEE R. SUAN

NOTARY PUBLIC FOR CEBU CITY
Until December 31, 2019
Notarial Commission No.123456
PTR No. 012345/Cebu City/01-11-19
Roll of Atty. No. 3781523
IBP Lifetime Membership No. 3359187
Suite No. 203 2/f Oftana Bldg.,
Osmeña Blvd. cor. Jasmin. St., Capitol
Site, 6000 Cebu City, Philippines
Law Office Tel. No. +6332 262 2655
MCLE Compliance No. V-12345 Jan.
18, 2019

Doc. No. ______

Page No. _____
Book No. ______
Series of 2018

10 | P a g e