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PETITION FOR ADOPTION

COMES NOW the petitioners, by the undersigned counsel, and unto this Honorable Court, respectfully aver that: 1. The petitioners, Dr. Juan and Dr. Mercedes Garcia, are husband and wife, of legal age, Filipinos, and residents of Dumaguete City. 2. Petitioners have no legitimate children or descendants and desire to jointly adopt Nick Drilon who is 34 years of age, married, with Filipino and Australian citizenship, the legitimate and biological son of Dr. Mercedes Garcia’s brother Nicasio Drilon and his deceased wife. 3. Nick Drilon has been living with Dr. Mercedes Garcia since he was 8 years old and has continued to live with her and her husband until he acquired Australian citizenship in 1982. 4. Nick Drilon came to live with petitioners once again after the divorce of his parents in 1986 and continued to do so until 2007, when he moved to Australia to work as a doctor. 5. The legitimate father of Nick Drilon, Nicasio Drilon, with full knowledge of petitioners’ intention hereby expressly gives his written consent to the adoption, as evidenced by Annex “A” hereto attached and made an integral part of this petition. 6. The petitioners are qualified to adopt Nick Drilon and are in possession of full civil capacity and rights and have not been convicted of any crime involving moral turpitude. 7. The petitioners are emotionally and psychologically capable of caring for Nick Drilon, and have been so since he was a minor child. 8. The petitioners are more than sixteen (16) years older than the prospective adoptee.

422-1589 PTR No. 2010. March 7. AMAHIT Tel. Philippines. 8. also consents to the adoption as evidenced by Annexed “C” hereto attached and made an integral part of this petition. and 3. 2013. Nick Drilon be declared the child of petitioners. 1243567 Issued on: October 7.9. Dumaguete City. Changing the name of Nick Drilon to Nick Garcia and that the same be entered in the Civil Registry. the wife of the prospective adoptee. it is respectfully prayed that upon due notice and hearing judgment be entered: 1. Proof of Nick Drilon’s citizenship is shown in the certified true copy of the Identification Certificate issued by the Bureau of Immigration on Feb. attached as Annex “D. Dr. Mercedes Garcia. Juan and Dr. 11099 . WHEREFORE. Counsel for the Plaintiff JOSELLE B. Cindy Castro. Other reliefs just and equitable are likewise prayed for. No. 10.” 11. Decreeing the adoption of Nick Drilon in favor of Petitioners. 2012 Issued at: Dumaguete City IBP No. 118811 Issued on: October 7. also desires and consents to be adopted by the petitioners as evidenced by Annexed “B” hereto attached and made an integral part of this petition. Negros Oriental. 2. as the prospective adoptee. 2012 Issued at: Dumaguete City Roll No. Nick Drilon.

MERCEDES GARCIA SUBSCRIBED AND SWORN TO before me this 7th day of March 2013. To the best of our knowledge no such action or proceeding Should we later learn that a similar action or proceeding is pending in the aforesaid Offices. Filipino. March 7. AMAHIT Tel. Philippines. proceeding involving the same or similar issue before the Supreme Court. 422-1589 . JUAN GARCIA DR. No. 4. Negros Oriental. Dumaguete City. Regional Trial Court or any other tribunal or agency. DR. Court of Appeals. The facts stated above are true and correct to the best of We have not filed or commenced any other action or our knowledge. Dr. Negros Oriental.VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING We. We are the petitioners in the above-entitled petition. 2. Regional Trial Court or any other tribunal or agency. the Court of Appeals. depose and say that: 1. Mercedes Garcia. Philippines. NOTARY PUBLIC JOSELLE B. 3. Dumaguete City. Negros Oriental. 2013. Juan Garcia and Dr. 5. has been filed or pending in the Supreme Court. of legal age and residents of Dumaguete City. after being sworn to in accordance with the law. we hereby undertake to report that fact within five (5) days therefrom to the Court or agency wherein the original pleading and sworn certification contemplated herein have been filed.

3. JUAN GARCIA. JUAN GARCIA and Dr. IN WITNESS WHEREOF.PTR No. Philippines. of legal age. Australia. Negros Oriental. Philippines in accordance with law. MERCEDES GARCIA. widower and presently residing at Kangaroo Road. Negros Oriental. Philippines.That I execute this affidavit as consent to the adoption of our son. I have hereunto set my hands this 3rd day of March. both currently residing in Dumaguete City. No. 2. hereby depose and state: 1. freely and voluntarily. Melbourne. JOSELLE B. at Dumaguete City. Dr. MERCEDES GARCIA and her husband. who was born to me and my deceased wife on February 10. and who both possess the necessary civil and legal rights and other qualifications required under the law. Negros Oriental. That I am ready and willing to abdicate my parental authority over my son in favor of the spouses Dr. 1243567 Issued on: October 7. who are 58 and 51 years of age. NICASIO DRILON SUBSCRIBED AND SWORN TO before me this 3rd day of March 2013. 4. respectively. having been duly sworn in accordance with law. 2012 Annex A AFFIDAVIT OF PARENTAL CONSENT TO ADOPTION I. AMAHIT NOTARY PUBLIC Tel. 2013. 422-1589 . That I am giving my full and express consent. 1979 in Dumaguete City. Negros Oriental. as well as to the assert the truth of the foregoing facts. NICASIO DRILON. to have my son legally adopted by my sister Dr. Philippines. Dumaguete City.That I am the legitimate and biological father of Nick Drilon.

NICK DRILON SUBSCRIBED AND SWORN TO before me this 3rd day of March 2013. Philippines. No. 7. MERCEDES GARCIA. both currently residing in Dumaguete City. 2012 Annex B AFFIDAVIT OF CONSENT TO ADOPTION I. NOTARY PUBLIC JOSELLE B. I have hereunto set my hands this 3rd day of March. JUAN GARCIA and Dr. 2. I was born on February 10. Philippines. 1970 to NICASIO DRILON and deceased LAURA DRILON. When Dr. MERCEDES GARCIA got married. hereby depose and state that: 1. I started living with Dr. 422-1589 PTR No. Negros Oriental. JUAN GARCIA AND Dr. During the years I spent with Dr. MERCEDES GARCIA since I was eight (8) years old. Negros Oriental. MERCEDES GARCIA. I resumed living with my aunt and uncle after my parents divorced in 1986 until 2007. JUAN GARCIA AND Dr. freely and voluntarily to be legally adopted by the spouses Dr. I hereby signify my written consent. 6. 1243567 Issued on: October 7. where I became an Australian citizen. That I execute this affidavit to declare my consent to my adoption of as well as to the truth of the foregoing facts. Negros Oriental. when I returned to Australia to work as a doctor there. Dumaguete City. Philippines in accordance with law. 5. 3. NICK DRILON. I continued living with them until I migrated to Australia with my parents. AMAHIT Tel. at Dumaguete City. 1243567 . 2013. I was treated and loved as if I was their own child. of legal age.PTR No. a resident of Dumaguete City. of dual Filipino and Australian citizenship. IN WITNESS WHEREOF. 4. Negros Oriental having been duly sworn in accordance with law.

2013. 422-1589 PTR No. Filipino. CINDY CASTRO DRILON. of legal age. No. In witness whereof. who is of legal age and who desires to be adopted by spouses Dr. Dumaguete City. GARCIA. JUAN GARCIA and Dr. hereby depose and state that: 1. Negros Oriental. I am the wife of NICK DRILON. on March 3. MERCEDES GARCIA. 2012 . AMAHIT Tel. resident of Dumaguete City. 1243567 Issued on: October 7. JUAN GARCIA and Dr. MERCEDES I do hereby give my full consent to the adoption of my husband by spouses Dr.Issued on: October 7. Negros Oriental. NOTARY PUBLIC JOSELLE B. 2. I have signed this instrument at Dumaguete City. Philippines. having been duly sworn in accordance with law. 2012 Annex C AFFIDAVIT OF SPOUSAL CONSENT TO ADOPTION I. CINDY CASTRO DRILON SUBSCRIBED AND SWORN TO before me this 3rd day of March 2013.

Juan and Mercedes Garcia Since Nick Drilon acquired Australian citizenship in 1982.Any provision of law to the contrary notwithstanding. and that I impose this obligation upon myself voluntarily without mental reservation or purpose of evasion.RE: Adoption of Nick Drilon by spouses Dr. and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto. become citizens of a foreign country shall retain their Philippine citizenship upon taking the aforesaid oath. anyone who becomes a naturalized citizen of natural reacquire his citizenship. RETENTION OF PHILIPPINE CITIZENSHIP . It does not state in the facts whether Nick Drilon applied for dual citizenship after he was granted Australian Citizenship in 1982." Natural-born citizens of the Philippines who. . solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines. after the effectivity of this Act. 2003 may According to RA 9225 or the law on dual citizenship. natural-born citizens of the Philippines who have lost their Philippine citizenship by reason of their naturalization as citizens of a foreign country are hereby deemed to have re-acquired Philippine citizenship upon taking the following oath of allegiance to the Republic: naturalized citizen country before Filipino citizenship. and anyone who becomes a of another country after 2003 retains his Filipino "I _________________. the issue of nationality must be addressed first before adoption can take place. Sec 3.

Philippine courts will have no jurisdiction over his person and a valid adoption cannot be effected. Without his Filipino citizenship. that this application has been approved. 9225. and that he has recited the oath of allegiance. The best advice I can give my clients would be to determine if Nick Drilon enjoys dual citizenship which means that he has taken the steps required for application of dual citizenship. Nick Drilon acquired his Australian citizenship in 1982. and therefore needs to reacquire this Filipino citizenship before he can be adopted by his Filipino aunt and uncle. My clients should also possess all the requirements needed to qualify them as adoptive parents. way before the effectivity of the dual citizenship law. . a naturalborn Filipino who lost her/his Filipino citizenship through naturalization in Australia may re-acquire Filipino citizenship by taking the Philippine Oath of Allegiance before a duly authorized Philippine official. Under Republic Act No. he must initiate the application for dual citizenship so that he is placed under the jurisdiction of Philippine courts.In this case. If not.