Professional Documents
Culture Documents
Regional Trial Court: Memorandum
Regional Trial Court: Memorandum
x------------------------------- x
MEMORANDUM
Petitioner, by counsel, unto this Honorable Court most respectfully submit this
Memorandum in compliance with its Order dated August 18, 2015, and avers that:
1
5. On May 30, 2014, the Honorable Court set the case for Pre-trial conference on
September 30, 2014 with directives to the parties and their counsels to be present
and to file with the Court their respective pre-trial briefs at least three (3) days
before the date of the pre-trial conference as well as their judicial affidavits at
least five days before the scheduled pre-trial conference;
6. On September 29, 2014, petitioners through this counsel filed their Pre-trial Brief;
7. On September 30, 2014, the Pre-trial conference was held and the parties entered
into stipulation of facts. On this date, the Court Social Worker assigned in this
case filed her Social Case Study Report. Petitioners Filomena Bautista and Noel
Bautista also filed their judicial affidavits pursuant to the Judicial Affidavit Rule.
The Court also issued the Pre-Trial Order;
8. On October 7, 2014, Petitioners through this counsel also filed the Judicial
Affidavit of their witnesses namely, Jay Bautista, Leonor Laureles, and Joel
Bautista;
9. On October 7, 2014, Petitioners Filomena Bautista and Noel R. Bautista took the
witness stand and identified their judicial affidavits which were adopted as part
of their direct testimony. They also identified the documentary evidence from
Exhibit I Exhibit RR. During the trial, the Assistant City Prosecutor, Hon.
Christopher Nonatus Ortiz made a cross-examination of the Petitioners;
10. On November 5, 2014, Petitioners son, Jay Bautista, took the witness stand and
identified documentary exhibits including his Judicial Affidavit which was
adopted as part of the direct testimony. He was also cross-examined by the Hon.
Assistant City Prosecutor;
11. On February 10, 2015, the Court Social Worker, Ms. Leonor Laureles, as well as
Joel Bautistaalso took the witness stand and identified their respective judicial
affidavit. Their judicial affidavits were adopted as part of their direct testimony.
12. On June 5, 2015, this counsel filed her Formal Offer of evidence including the
purposes thereof;
13. On June 19, 2015, Assistant City Prosecutor ChristoperNonatus B. Ortiz filed his
Manifestation interposing no objection to the Formal Offer of Exhibits filed by
the Petitioners through counsel;
14. On July 1, 2015, petitioners through this counsel filed an Urgent Manifestation to
correct the markings of Exhibits EE and FF;
2
15. On August 3, 2015, the Honorable Court issued an Order admitting the
documentary exhibits (Exhibits A to BB, Exhibits DD to HH, Exhibits JJ
to UU, and set the presentation of the States evidence on August 18, 2015;
16. On August 18, 2015, the Honorable Court issued an Order directing the
petitioners through counsel and the public prosecutor to file their respective
memoranda;
17. On September 14, 2015, this counsel received a copy of the Order dated August 8,
2015 regarding the submission of memoranda. The Honorable Court also
ordered this counsel to furnish the Office of the Solicitor General (OSG), a copy
of petitioners memorandum.
STATEMENT OF FACTS
3
c. They have not been convicted of any crime involving moral turpitude;
d. They are physically, emotionally, financially, intellectually, socially, and
spiritually capable of caring for and bringing up the children in an
atmosphere of a normal, happy and wholesome family;
e. They are more than sixteen (16) years older than the minor children.
24. The minor children to be adopted are not disqualified by law to be adopted.
25. The issues to be resolved in the case at bar consist of the following:
a. Whether or not the petitioners are qualified to adopt under RA No. 8852 in
relation to A.M. No. 02-6-02-SC on Special Rules of Procedure on Domestic
Adoption;
b. Whether or not the illegitimate children sought to be adopted are qualified for
domestic adoption;
c. Whether or not the adoption will be to the best interest of the illegitimate
children; and
ADMITTED FACTS
26. During the Pre-Trial conference, petitioners by counsel, moved for the admission
of facts and the same were admitted by the Honorable Assistant City Prosecutor,
and these are:
a. That the adoptees sought to adopted by the petitioners are AeshaNhoelle
Bautista and Janeisha Bautista Felicilda whose birth certificates were duly
registered in Cavite City;
b. That petitionershave dual citizenship, Filipino and American citizen;
c. That the said adoptees are the grandchildren of the petitioners;
d. That the adoptees are both minors and illegitimate children;
e. That the adoptees parents were not married;
f. That petitioners were granted custody before the Regional Trial Court,
Branch 89, Pasig City, over these two minor children.
DISCUSSION
In support of the Petition, petitioners proffered that they are former natural born
citizens who acquired American citizenship by naturalization. However, petitioner
4
Filomena Bautista has acquired a dual citizenship status pursuant to Republic Act No.
9225, otherwise known as the Philippine Citizenship Re-acquisition and Retention
Act. To prove her citizenship, age and status, Petitioner Filomena Bautista offered as
evidence her Birth Certificate (Exhibit I). To prove her dual citizenship status,
Petitioner Filomena Bautista also offered as evidence her Certificate of
Reacquisition/Retention of Philippine citizenship (Exhibit J) as well as her American
Passport (Exhibit K). On the other hand, Noel Bautista offered as evidence her
American passport to prove her identity and citizenship (Exhibit DD). To prove the
facts of marriage, petitioners presented and offered as evidence their Marriage Contract
(Exhibit L). Being former natural born Filipino citizens, relatives of the minors within
the fourth civil degree of consanguinity, and legally married, petitioners are qualified to
jointly adopt their grandchildren.
Petitioners have three (3) children including the mother of the minor children
sought to be adopted as shown by their birth certificates (Exhibits M, N, and Q).
However, the minor childrens mother, Joan Bautista, passed away on November 5,
2010 as shown by the death certificate (Exhibit O). The deceased mother of the
children was never married to their biological father, Richard Felicilda as shown by the
NSO Advisory on Marriages which indicates that the latter has a record of marriage
with a certain Catherine T. Synder (Exhibit R) as well as by the NSO Certificate of No
Marriage between Joan N. Bautista and Richard Felicilda (Exhibit S). The facts of
birth of the minor children, AeshaNhoelle Bautista and Janeisha Bautista) are shown in
their birth certificates (Exhibit T and Exhibit U). Since birth, the children have been
dependent on the petitioners for chief support. Thus, when their mother died,
petitioners filed a petition for custody, care and protection of the children which was
granted by the Court as shown by the Decision of the Regional Trial Court, Branch 69,
Pasig City with Entry of Judgment (Exhibits V and V-1).
5
To prove their residence in Mandaluyong City, petitioners offered as evidence
their Barangay Clearance (Exhibit EE). Hence, they are qualified to adopt under the
Domestic Adoption Law.
Petitioners love the children so much and take them as their own. There were
times that petitioners stayed in the Philippines for longer period just to be with them
especially during holidays and special occasions such Christmas, New Year, and
birthday celebrations of the children. Pictures of the petitioners with the minor children
as well as with their own children together were offered as evidence (Exhibits BB -
BB-7; Exhibits LL LL-1; Exhibits OO OO-2).
Verily, Petitioners assertions are credible and worthy of belief as they have been
taking care of these children since birth, providing them with love, protection and
support. It is thus humbly posited that the adoption of AESHA NHOELLE BAUTISTA
& JANEISHA BAUTISTA FELICILDA will be to the best interest of these children.
PRAYER
WHEREFORE, in the light of these premises, Petitioners earnestly pray that the
1. Granting this Petition and declaring that Aesha Nhoelle Bautista and Janeisha
Bautista Felicilda as legitimate children of herein petitioners, with all the rights and
privileges of adopted children under the law and shall henceforth carry their
6
2. Directing the Local Civil Registry of Cavite City and the National Statistics Office to
record the decree of adoption and to issue a new Birth Certificate of the minor
Copy furnished: