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REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
CITY OF MUNTINLUPA
BRANCH ___

KING STEFAN.,
Plaintiff,
SP.PROC NO. _______
For: WRIT OF PROHIBITION
WITH PRAYER FOR CUSTODY
WITH LEGAL GUARDIAN OF
PERSONS AND PROPERTY

- versus -

FLORA GODMOTHER.
Defendant.
x-------------------------------------x

A NS W E R
DEFENDANT FLORA GODMOTHER, THRU THE UNDERSIGNED COUNSEL,
RESPECTFULLY DEPOSE AND SAY THAT:
1. Defendant FLORA GODMOTHER, is of legal age, Filipino, and maybe
served with summons and other processes of the Honorable Court in her
address at B18 L1 P2 Casimiro Townhomes, Pulanglupa 1, Las Pias City.
2. Plaintiff KING STEFAN (KING, for brevity) is of legal age, Filipino, and
may be served with summons and other process of this Honorable Court in
his address at 332 Mabolo St., Ayala Alabang, Muntinlupa City..
3. Both parties agree that Nos 3, 4 and 5 of the complaint are true.
4. However, Defendant disagree that beauty in her 14th birthday was found. out
to be the missing child of King Estefan. That when she was fourteen she, we
were invited to a ball, and since King Esteban became fond with her, and

invited her on daily basis to went to the palace, because Beauty reminded
the king of her lost child.
5. That the King was so fond with Beauty, he decided to ask her of past. When
he discovered that she was a foundling, he immediately told his men to
conduct investigation of beautys filiation.
6. The DEFENDANT FAIRY GOD MOTHER never knew that the king was
taking such measures. We deny that Beauty is the rightful heir of the king.
7. That the resolution that Beauty was the biological daughter of the king is
false.
8. That Beauty remained living in the palace for the two (2) years. Refusing to
go back to her FAIRY GODMOTHER because of the life she was having as
a princess. She was loved by King Esteban and her wife, she gets whatever
she wants. She was treated as a princess by everyone in the palace.
Because of this she grew affectionate with the King and Queen and never
went back to her FAIRY GODMOTHER.
9. That on BEAUTYs sixteenth (16th) Birthday, she fell very ill and was rushed
to the hospital. That the doctors in the Hospital said that the condition was
induced by an unknown chemical substance, which caused grievous
damage to her central nervous system and brain stem.

a.) That the introduction of such chemical was total and complete loss of
consciousness, inability to communicate in any form with any persons and the
complete total cessation of all bodily functions except breathing.

b.) That there is no known cure to the condition, and to this day beauty has not
responded to any treatment to revive her.
10. That Defendant after knowing what happened to Beauty demanded that the
custody and care of the latter should be returned to her, being the legitimate
adopter of Beauty and insists that treatments be continued.
11. Section 7. Who May Adopt. The following may adopt:
(a) Any Filipino citizen of legal age, in possession of full civil capacity and
legal rights, of good moral character, has not been convicted of any crime
involving moral turpitude, emotionally and psychologically capable of caring
for children, at least sixteen (16) years older than the adoptee, and who is in a
position to support and care for his/her children in keeping with the means of
the family. The requirement of sixteen (16) year difference between the age of
the adopter and adoptee may be waived when the adopter is the biological
parent of the adoptee, or is the spouse of the adoptee's parent;
(b) Any alien possessing the same qualifications as above stated for Filipino
nationals: Provided, That his/her country has diplomatic relations with the
Republic of the Philippines, that he/she has been living in the Philippines for
at least three (3) continuous years prior to the filing of the application for
adoption and maintains such residence until the adoption decree is entered,
that he/she has been certified by his/her diplomatic or consular office or any
appropriate government agency that he/she has the legal capacity to adopt in
his/her country, and that his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter: Provided, Further, That the
requirements on residency and certification of the alien's qualification to adopt
in his/her country may be waived for the following:
(i) a former Filipino citizen who seeks to adopt a relative within the fourth (4th)
degree of consanguinity or affinity; or
(ii) one who seeks to adopt the legitimate son/daughter of his/her Filipino
spouse; or
(iii) one who is married to a Filipino citizen and seeks to adopt jointly with
his/her spouse a relative within the fourth (4th) degree of consanguinity or
affinity of the Filipino spouse; or
(c) The guardian with respect to the ward after the termination of the
guardianship and clearance of his/her financial accountabilities.

Husband and wife shall jointly adopt, except in the following cases:
(i) if one spouse seeks to adopt the legitimate son/daughter of the other; or
(ii) if one spouse seeks to adopt his/her own illegitimate son/daughter:
Provided, However, that the other spouse has signified his/her consent
thereto; or
(iii) if the spouses are legally separated from each other.
In case husband and wife jointly adopt, or one spouse adopts the illegitimate
son/daughter of the other, joint parental authority shall be exercised by the
spouses.
12. Section 5. Location of Unknown Parent(s). It shall be the duty of the
Department or the child-placing or child-caring agency which has custody of
the child to exert all efforts to locate his/her unknown biological parent(s). If
such efforts fail, the child shall be registered as a foundling and subsequently
be the subject of legal proceedings where he/she shall be declared
abandoned.
13. That Defendant FAIRY GODMOTHER has the right of guardianship over the
BEAUTY since she is the adopting parent and that she took care of her for
14 years until the alleged Petitioner King Estefan, claimed that he is the
biological father of BEAUTY. Hence, the former belongs to the Defendant.
14. The defendant also avers that, the reason that the petitioners wanted to stop
the treatment and custody of BEAUTY, is so that they could get a hold of the
latters properties.

Republic Act no. 8552 sec. 8


http://www.lawphil.net/statutes/repacts/ra1998/ra_8552_1998.html
Republic Act no. 8552 sec. 5
http://www.lawphil.net/statutes/repacts/ra1998/ra_8552_1998.htm

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court that
judgment be rendered in favor of plaintiff:
1.) That the custody of BEAUTY be granted to the defendant
2.) That the defendant be declared as the administrator of the properties of
BEAUTY.

Defendant further prays for such other reliefs as the Honorable Court may deem
just and equitable under the premises.

Las Pinas City, 15 November 2014.

EDREM SARMIENTO
19th flr, ayala alabang bldg.
#69 Gold St. Ayala Alabang
301-8400; 119-2014
IBP No. 058115
PTR No. 3810581/03-31-14/R
Roll No. 82896