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Republic of the Philippines

Sixth Judicial Region


REGIONAL TRIAL COURT
Branch _____
Kalibo Aklan

IN THE MATTER OF THE ADOPTION OF


ABEGAIL RODRIGUEZ SERATO
SP. PROC . NO. ___
FOR: ADOPTION
SPOUSES REYNALDO JOSE P. SERATO
and DIANA R. SERATO
Petitioners.
X -------------------------------------------------X

PETITION

PETITIONER, through the undersigned counsel and to this


Honorable Court, most respectfully states, THAT:

1. Petitioner REYNALDO JOSE P. SERATO (subsequently


referred to as “_____”, for brevity) is a Filipino, of legal age, married, and a
resident of Cabugao, Batan, Aklan. She is the legal guardian of the person
sought to be adopted. He may be served with orders, notices and other legal
processes of this Honorable Court through his undersigned counsel at the
address stated below.

2. Co-petitioner DIANA R. SERATO (subsequently referred to as


“_____”, for brevity) is a Filipino, of legal age, married, and a resident of
Cabugao, Batan, Aklan. She is the legal guardian of the person sought to be
adopted. She may be served with orders, notices and other legal processes of
this Honorable Court through her undersigned counsel at the address stated
below.

3. The person sought to be adopted by the Petitioner is ABEGAIL


RODRIGUEZ SERATO (subsequently referred to as “______” for brevity),
born on October 26, 1995 in Balete, Aklan, to parents MARITES T.
MENDOZA and RAUL C. MENDOZA. She is twenty five (25) years old
as of this date of the Petition and a resident of Cabugao, Batan, Aklan. A
copy of the certificate of live birth of _______ is attached hereto as Annex
A.

4. That, RAUL C. MENDOZA, the biological father of the said


child died last August 26, 2019.

5. _____’s mother, MARITES T. MENDOZA (subsequently


referred to as “_____” for brevity), abandoned him and has not been heard

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of since deserting him on July 22, 2014. All possible efforts to contact
Romula have been exhausted but to no avail.

6. The minor’s father, Ernesto Magno (subsequently referred to as


“Ernesto” for brevity), is living with the minor and the petitioners.

7. The said minor’s parents, Romula Albaño and Ernesto Magno,


were never married to each other but they lived with the petitioners upon
Junrel’s birth.

8. Ever since Romula left Junrel, Ernesto and the petitioners have
taken care of Junrel.

9. Specifically, this law allows the correction of the simulated


birth record as long as the falsity that was perpetrated is proved to have been
made in pursuit of the child’s best interest and that the simulated parents
have treated the child in question as their own.

10. Petitioners are in possession of full civil capacity and legal


rights; of good moral character; has not been convicted of any crime
involving moral turpitude1; physically, financially2, emotionally and
psychologically capable of caring for Junrel; at least sixteen (16) years older
than Junrel;3 capable to maintain, care for, educate, and support Junrel in
keeping with the means of the family; and physically healthy. 4 Petitioner
Cerilo earns his income by working as a hospital physician. His wife, Juana,
is likewise gainfully employed with the same hospital as a nurse.

10. Thus, Petitioners have all the qualifications and none of the
disqualifications under the law to adopt Junrel, who is not disqualified by
law to be adopted. It will be for the best interest of the minor child to be
adopted by his paternal grandparents.

11. In conjunction with this petition, Petitioners seeks that a


Certificate of Live Birth with the following details be issued, to wit:

Name of Child: Abegail R. Serato


Sex: Female
Date of Birth: October 26, 1995
Name of Mother: Diana R. Serato
Citizenship : Filipino
Religion: Roman Catholic
Occupation: ______
Age at the time of this birth: _______
1
A copy of petitioner’s police and NBI clearances are attached as Annex C and D
2
A copy of the petitioner’s Income Tax Return is attached as Annex E
3
A copy of the Birth Certificate of Petitioners are attached as Annexes “F” and “G” and made an integral
part of this Petition.
4
A copy of petitioner’s medical certificate is attached as Annex H

2
Name of Father Reynaldo Jose P. Serato
Citizenship: Filipino
Religion: Roman Catholic
Occupation: ____________

Attachments:
1. Certificate of Live Birth of Abegail R. Serato
2. Certificate of Death of Raul Corpuz Mendoza
3. Certificate of Marriage of Raul C. Mendoza and Marites E. Torres
4. Marriage Contract of Reynaldo Jose P. Serato and Diana G. Rodriguez
5. Photocopy of the TCT No. 087-2015000929 under the name of Sps. Raul
and Diana Serato
6. Photocopy of the TCT No. T-38855 under the name of Sps. Raul and
Diana Serato
7. Certification issued by the Punong Barangay of Brgy. Libas, Banga,
Aklan.
8. Affidavit of Intent and Consent dated May 06, 2020
9. Police Clearance Certificate of Diana Rodriguez Serato 
10. Police Clearance Certificate of Reynaldo Jose Pancito Serato
11. Photograph of Abegail Serato together with Sps. Reynaldo and Diana
Serato
12. Photograph of Abegail Serato together with Sps. Reynaldo and Diana
Serato
13. Certificate of Live Birth of Reynaldo Jose P. Serato
14. Certificate of Live Birth of Diana G. Rodriguez
15. Contract of Service dated October 15, 2018 signed by Abegail Serato
16. Annual Income Tax Return (1701) of Diane R. Serato for the year 2019
17. Balance Sheet of Diane R. Serato as of December 31, 2019
18. Tax Receipt Confirmation from the BIR

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed


of this Honorable Court, after due notice, publication, and hearing to issue a
decree of adoption declaring that Abegail R. Serato be considered as the
legitimate child of Petitioners, and that the Local Civil Registrar be directed
to issue a Birth Certificate with the following details:

Name of Child: Abegail R. Serato


Sex: Female
Date of Birth: October 26, 1995
Name of Mother: Diana R. Serato
Citizenship : Filipino
Religion: Roman Catholic

3
Occupation: ______
Age at the time of this birth: _______
Name of Father Reynaldo Jose P. Serato
Citizenship: Filipino
Religion: Roman Catholic
Occupation: ____________

Other relief and remedies, just and equitable, are likewise prayed for.

COS GUEVARRA & ASSOCIATES LAW OFFICES


Unit 210 Doña Eusebia Rodriguez Bldg.,
0611 Quirino Ave., San Dionisio, Parañaque City
Tel. No.825-99-18/0998-9984009

ATTY. MELANIE OBRIQUE-GUEVARRA


Counsel for the Petitioners
IBP No. 114653; 01-28-2020; Pasay City
PTR No. 2286254; 01-24-2020; Parañaque City
Roll No. 56511
MCLE Compliance No. IV-0021669A

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