Republic of the Philippines REGIONAL TRIAL COURT 7* Judicial Region BRANCH 20, CEBU CITY IN THE MATTER OF PETITION FOR ADOPTION OF MINOR DANISE ESMOLO DONIO, SP. PROC. CASE NO. 16858-CEB ‘SPOUSES KARL ROBERT ZWEIFEL and DAILANA DONIO-ZWEIFEL, DECREE OF ADOPTION This is a petition for the adoption of minor Danise Esmolo Donio filed by Spouses Karl Robert Zweifel and Dailana Donio Zweifel, through their counsel, Atty. Gina B, Clarus-Sumbe, praying that after due notice, publication and hearing, judgment be rendered approving and granting the petition. During the initial hearing of this petition which was held on November 6, 2009 at 8:30 in the morning, petitioners together with their counsel, Ally. Gina B. Clarus-Sumbe, appeared. Asst. Pros. Rogelio D. del Prado, Jz., likewise appeared for the State in behalf of the Office of the Solicitor General. Nobody appeared to oppose the petition despite its announcement for three (3) times in a loud voice by . the Court Interpreter in open court to that effect, and the publication of the Order of the Court dated May 19, 2009 setting this case for initial hearing, Forthwith, petitioners through their counsel, presented the following documentary exhibits to establish the jurisdictional facts of the case, to wit: Exhibit “A” - verified petition consisting of 4 pages ”A-1” - verification portion “B" — Order of the Court dated May 19, 2009 "C" - notice of order addressed to counsel “D’ - notice of order addressed to Office of SOLGENCON’T./DECREE OF ADOPTION SP. PROC. CASE NO. 16858-CEB. PAGE NO. TWO (2) “EB” - notice of order addressed to Office of LCR “F” ~ notice of order addressed to City Pros. Office “G” - notice of order addressed to RTC-OCC “H” - notice of appearance from Office of SOLGEN “H-1” - letter authority from Office of SOLGEN authorizing City Prosecutor's Office to appear for and in behalf of said office “I” - affidavit of publication executed by the Editor of Sun Star Superbalita a newspaper of general circulation “1-4”, 1-2", “1-3” - newspaper clippings of Sun Star Superbalita in its issues on June 5, 12, 19, 2009, respectively showing the published Order; after which the Court ruled to have acquired jurisdiction to hear and decide the instant petition. ‘To substantiate all the material allegations in the petition, witnesses and documentary exhibits were presented and offered in evidence, and the following facts were duly established. Petitioner Karl Robert Zweifel testified in gist that: he is one of the petitioners and that co-petitioner Dailana Esmolo Donio is his wife having been legally married to her in Switzerland on August 8, 2008 as evidenced by the Swiss Extract from Record of Marriage (Exh. “J”); they reported their marriage to the Philippine Embassy because his wife is a Filipino, and presented a report of marriage (Exh. “K”); after six (6) weeks of their marriage they came to the Philippines and lived in Bacayan, Cebu City; he presented and identified his passport (Exh. “L”); he is a resident of the Philippines; he presented and identified his Alien Certificate of Registration (Exh. “M’); he is a person of good moral character and as proof he presented an extract from the Swiss Criminal Record (Exh. “N”); as proof that he is a person of good moral character, he presented and identified his barangay clearance, NBI clearance, police clearance, City Prosecutor's clearance, MTCC and RTC clearances (Exhs. “O”, “P” ”, “"R", “S","T"); since the time he arrived in the Philippines he has not returned to Switzerland; the minor child subject of the petition is the daughter of his wife; he doesCON’T./DECREE OF ADOPTION SP. 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THREE (3) not have any child with his wife Dailana; before he married Dailana, his wife, he already knew that she had a daughter and he does not have any problem with that; the minor Danise has been staying with him and his wife; he is a retiree; he used to work in Switzerland for 22 years at International Business Machine Corp., and he managed a gasoline station and a taxi; he is now receiving a monthly pension and Danise’s pension; he presented and identified a letter from the Swiss Compensation Office dated January 22, 2010 indicating his ordinary old age pension and pension for minor Danise(Exh.”U”); per computation his ordinary old pension amounts to Php64,417.05 per month and the ordinary child pension amounts to Php25,700.93 per month; minor Danise is studying at Colegio dela Inmacuda Concepcion in Cebu; he is supporting the child’s schooling which comes from the pension; the minor is a very loving girl, helps in household chores; he considers Danise as his own daughter and Danise regards him as her father; he does not have any problem with Filipino culture; he will teach Danise and bring her up as a person of good moral character the way he was brought up without trouble in his life; he wants Danise to be in a good school so that she would find a good job; that as soon as the adoption is done Danise will become a Swiss citizen and will go to Switzerland to work; he was able to buy a 218 square meter lot at Mactan Island and he owns a car; he is physically fit; he presented and identified his medical certificate issued by Dr. Benedicto Go (Exh. “W”). On questions from the Court, he declared: that the Philippines and Switzerland have diplomatic relations; that before filing this petition he already inquired from his county if it would allow adopted children to enter; he presented and identified a document known as the Effects of the Adoption of Stepchild under Swiss Law (Exh. “X” and “X-1” the translation); he fully understand the legal consequences of adopting a child and he does not intend to revoke the adoption as she considers Danise as his own child. Dailana Donio Zweifel declared thus: she is one of the petitioners in this case and the minor Danise Donio is her daughter; she presented and identified the Certificate of Live Birth of DaniseCON'T. / DECREE OF ADOPTION SP. PROC. CASE NO, 16858-CEB PAGE NO. FOUR (4) Esmolo Donio (Exh. “Y”); that the father of the minor, Crisanto Pelesco, consented to the adoption by signing the Affidavit of Consent dated April 21, 2009 (Exh. “Z”); Crisanto Pelesco is already married and has his own family now in Leyte; the affidavit of consent was sent here thru a cousin of Pelesco; she is a person of good moral character and to prove it she presented and identified her barangay clearance, police clearance, NBI clearance, City Prosecutor's Clearance, MTCC and RTC clearances (Exhs. “AA”, “BB”, “CC”, “DD”, “EE”, “FF”); she is not employed; her husband Karl Robert Zweifel is supporting her and her minor child Danise; her child who is now fourteen (14) years old is studying at Colegio dela Inmaculada Concepcion; she is physically fit; she presented and identified her medical certificate as proof (Exh. “GG"); they own a parcel of land (TCT No, 110-2010000136 - Exh. “HH”) and have fully paid the purchase price. Petitioner Karl Robert Zweifel is aware of the effects of the adoption such as the subject's successional rights, and likewise his obligations and responsibilities as adopting parent. He declared having developed parental love for the child as if said child was his own because the subject even calls him dad and, in addition to the fact that his co-petitioner/wife is the natural mother of the child. Lastly, petitioners manifested their intention to give a bright future to the child. Evelyn Cortes corroborated the testimony of petitioners Karl Robert Zweifel and Dailana Donio Zweifel, thus she declared that she is the RTC Social Worker assigned to conduct a study on both the adopting parents and the minor. She attested and confirmed to have attended to this particular case, and that based on her own investigation, she favorably recommends the granting of the instant petition for the paramount welfare and interest of the minor. In pursuance to the order of this Court, she submitted the required Home Study Report (Exh. “II”) and Home Study Report (Exh. “IJ”. From the totality of the evidence adduced which consists of both. oral testimonies and documentary exhibits, this Court is fullyCON’T. /DECREE OF ADOPTION SP. PROC. CASE NO. 16858-CEB PAGE NO. FIVE (5) convinced of the sincere and noble intentions of the petitioners in filing the instant petition. This Court has taken judicial recognition of the favorable recommendation of an independent office of the government (RTC Social Worker) which made an investigation of the case. To the mind of this Court, the child’s future can be better and well attended to and taken care of by the petitioners because of their financial, moral and physical capabilities. Trial custody as required by law is ordered dispensed with considering that subject minor is living with petitioners. Finally, the blood relationship of petitioner Dailana Donio Zweifel and subject child was clearly established during the hearing and such relationship was also affirmed by RTC Social Worker Evelyn D. Cortes in the course of her interview. This being so, the law allows the adoption of subject minor notwithstanding that co- petitioner Karl Robert Zweifel is a Swiss national. WHEREFORE, premises considered, a DECREE OF ADOPTION is hereby issued, approving and granting the petition for adoption of minor Danise Esmolo Donio by petitioners Karl Robert Zweifel and Dailana Donio Zweifel. Accordingly, the Local Civil Registrar of Cebu City is hereby directed to make the corresponding marginal annotation of this decree in the record of birth of Danise Esmolo Donio who was born on February 21, 1996 in Cebu City by: a) changing the name of Danise Esmolo Donio to DANISE DONIO ZWEIFEL; b) entering the name of KARL ROBERT ZWEIFEL, 65 years old, Swiss, as father; and DAILANA E. DONIO ZWEIFEL, 47 years old, Filipino, as mother, and residing at Andrews, Bacayan, Talamban, Cebu City. Once made, and upon finality of this decree of adoption, said Local Civil Registrar is directed to issue an amended birth certificate to the child, who shall now be known as DANISE DONIO ZWEIFEL withCON’T./DECREE OF ADOPTION SP, PROC. CASE NO. 16858-CEB PAGE NO. SIX (6) the names of petitioners Karl Robert Zweifel and Dailana E. Donio Zweitel as parents, Furnish the Office of the Local Civil Registrar of Cebu City with a copy of this Decree of Adoption for purposes of registration and issuance of an amended birth certificate, and likewise the Office of the Solicitor General. SO ORDERED. Cebu City, Philippines, February 28, 2011. Presiding Judge BRS/mgp