You are on page 1of 6

Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
Branch ___
Baguio City

In Re: Petition for the Adoption of SPEC. PROC. CASE NO. _____
the minor, JANINE GRACE B. ABNASAN,

BAMBI ARACOELI LUCHANGCO-TOMAD,


Petitioner,
x------------------------------x

JUDICIAL AFFIDAVIT

I, BAMBI ARACOELI LUCHANGCO-TOMAD, of legal age, married, Filipino


citizen, with residence at No. 112B, Purok 14, Lower Cypress, Irisan, Baguio City, under
oath and fully conscious that I may face criminal liability for false testimony or perjury,
hereby depose and state that the following are my answers to the questions
propounded by Atty. Sheena Marie Ysit with office address at Suit 317-V, 3/F, Luy Wing
Bldg., 317 Magsaysay Ave., Baguio City, which examination or question and answer
was conducted at Luy Wing Bldg., 317 Magsaysay Ave., Baguio City.

BY WAY OF FORMAL OFFER OF TESTIMONY

Atty. Ysit:

The testimony of the witness is being offered to prove the following:

That she is the petitioner in this present case; That she wants to adopt the minor,
JANINE GRACE B. ABNASAN (JANINE for brevity); That JANINE had been placed
under her custody; That she already considered JANINE as her own daughter since she
took custody of her; That JANINE has shown strong attachment to her; That she
possesses all the qualifications and none of the disqualification to adopt; That she will
testify on all matters as alleged in her petition and; That she will identify documents in
the course of her testimony.

Question 1: Please state your name and the name of the petitioner in this case.
Answer: My name is Bambi Aracoeli Luchangco-Tomad and I am the petitioner,
Ma’am.

Question 2: Why did you file the present case?


Answer: I filed the present case because I want to legally adopt a minor child
named Janine Grace Abnasan who was under my care and custody since
she was about three (3) days old in April 2008.

Question 3: How did you come to have minor child Janine since she was three (3)
days old in April 2008, as you just said?
Answer: Janine was given by her biological mother to my brother-in-law, Melchor
Paul Tomad barely three (3) days after her birth.

Question 4: Did you know the reason why Janine’s biological mother gave her away to
your brother-in-law, Melchor Paul Tomad?
Answer: Yes, ma’am. At the time Melchor Paul Tomad gave Janine to us, we
immediately wanted to adopt her as our own. For that reason, we wanted
JUDICIAL AFFIDAVIT 1
to talk to Janine’s biological mother for the accomplishment of proper
documents but she refused to sign any document. She said that she has
no more interest in Janine as she cannot even support her.

Question 5: Can you please state the explanation of your brother-in-law on why the
baby was given to him by the biological mother?
Answer: My brother-in-law explained that Angelina Jolie Abnasan, Janine’s
biological mother, was his neighbor in Dagupan City, Pangasinan. She
was a grocery store employee and allegedly could not afford to provide
the necessary needs of the baby. She then offered the baby to my
brother-in-law and if he refuses, the baby will be brought to St. Ferdinand
Parish Convent, Ilagan City, Isabela. Out of pity, my brother-in-law
thereafter accepted the baby and immediately brought home the child to
our house at Lower Cypress, Irisan, Baguio City.

Question 6: When your brother-in-law arrived with the child, what did you initially do?
Answer: My husband, Jason Lambert Tomad, and I initially attended Janine’s
needs. We took care of her and did everything to look after her welfare. In
the process, we thought of legally adopting her to be our legal dependent.

Question 7: Why did the thought of legally adopting the child came into your mind?
Answer: My husband and I are married for almost five (5) years and since then
we’ve been trying to conceive a child. Unfortunately, because of our health
issues, we had a hard time conceiving one. At that time when we were
hopeless, Janine came along.

Question 8: Did your husband give his consent and what did you do with your intention
of legally adopting the child?
Answer: Yes, my husband and I agreed to adopt Janine. Not too long ago on or
after February 18, 2014, we asked our brother-in-law to accompany us to
Dagupan City, Pangasinan to talk to Angelina Jolie Abnasan to get her
consent for the necessary adoption and to have the copy of the Certificate
of Live Birth of the child registered.

Question 9: So, did you go to Dagupan City, Pangasinan with your brother-in-law, as
planned?
Answer: Yes, Ma’am. My brother-in-law accompanied us upon my request. We
directly proceeded to Barangay Balai in Dagupan City where we saw
Janine’s biological mother, Angelina Jolie Abnasan, and tried to convince
the latter to go with us to a lawyer for the needed execution of the Affidavit
of Consent for Adoption. However, Angelina Jolie refused saying that we
could go on with our way with regard to the adoption of the child because
she is not interested to get back the child and explained to us her
predicament. We likewise asked from her if we could have a copy of the
Certificate of Live Birth of the Janine which she willingly gave.

Question 10: Do you have copy of that Certificate of Live Birth as proof?
Answer: I have here a copy of Janine’s Certificate of Live Birth and I am handing it
to you as my proof. (Witness handing over a copy of the Certificate of Live
Birth and was marked to form part of this judicial affidavit as Exhibit “A” in
compliance with the jurisdictional requirement)

Question 11: What other information you had if any from Angelina Jolie Abnasan, who
is the biological mother of the child?
Answer: Based on our conversation, I came to learn from her how the child was
conceived and given birth. Also, she told us how she met the biological
father which my brother-in-law knows as she already told him the same.

Question 12: For the record, can you please re-echo what Angelina Jolie Abnasan
narrated to you that your brother-in-law already knows?
Answer: Yes, Ma’am. Angelina told me that she was just 20 years old back then
and was employed as a saleslady at a grocery store. That is also where

JUDICIAL AFFIDAVIT 2
she met the biological father of the child named Tom Cruz. She said that
Tom Cruz was a delivery boy of the store and was employed by a
merchant from the nearby town. They decided to live as husband and wife
without the benefit of marriage in the same boarding house where Tom
Cruz was residing until she became pregnant. When she was seven (7)
months pregnant, her live-in partner Tom left to go home to Tabuk,
Kalinga allegedly to seek help from his family in time of her giving birth.
However, after leaving, Tom did not communicate to her anymore until
she gave birth and that left her to have no other recourse but to give-up
her baby for adoption.

Question 13: After your conversation with the biological mother, what did you do next,
madam witness?
Answer: In order to proceed with the process of adopting Janine, my husband and I
went to the DSWD-CAR to seek advice.

Question 14: What did the DSWD-CAR advise you to do?


Answer: The DSWD personnel told us to apply first as a foster parent, which we
did.

Question 15: After applying as foster parent with the DSWD, what happened next, if
any?
Answer: The DSWD-CAR issued us a Foster Placement Authority (FoPA) bearing
our conformity with the conditions stated therein that was recommended
for approval by the Assistant Regional Director for Operations and
approved by the Regional Director.

Question 16: Do you have a copy of said Foster Placement Authority?


Answer: Yes, ma’am. (Witness showing a copy of the Foster Placement Authority
and marked to form part of her judicial affidavit as Exhibit “B”)

Question 17: Aside from the FoPA, are there other documents issued by the DSWD?
Answer: The DSWD also issued a Certification of a Child Legally Available for
Adoption signed by the DSWD Secretary Aprilynne D. Dar stating that
Janine Grace Abnasan is legally available for adoption.

Question 18: Do you have a copy of said document?


Answer: Yes, ma’am. (Witness showing a copy of the Certification of a Child
Legally Available for Adoption marked and form part of this Judicial
Affidavit as Exhibit “C” bearing the name and signature of the DSWD
Secretary.)

Question 19: Were there other things that the DSWD required you to do as part of the
adoption process?
Answer: Yes, ma’am. As part of the adoption process, I was referred to the
Philippine Mental Health Association (PMHA) for psychological evaluation,
and after undergoing the same, I was issued a Psychological Report.
(Witness showing a copy of a Psychological Report conducted by Maria
Theresa Linda as Supervising Psychologist marked as Exhibit “D”)

Question 20: What about Janine Grace Abnasan, was she also subjected to
psychological evaluation?
Answer: Yes, Janine undertook the same. I have a copy of her psychological
evaluation report conducted by Nadezna Maris Maniquis of the Benguet
Laboratories Health Services upon referral of the DSWD. (Witness
showing a copy of the Psychological Report marked as Exhibit “E”)

Question 21: Anything else madam witness?


Answer: The DSWD also conducted Home Study Report to me as its subject and
another Child Study Report on Janine as its subject.

Question 22: Do you have a copy of these study reports, madam witness?

JUDICIAL AFFIDAVIT 3
Answer: Yes, ma’am. (Witness showing a Home Study Report marked as Exhibit
“F” and a Child Study Report marked as Exhibit “G”)

Question 23: What were the findings in those study reports?


Answer: In the Home Study Report with me as its subject, the report is
recommending the approval of the legalization of my adoption of Janine.
Similarly, the Child Study Report with Janine as its subject is highly
recommending that an Affidavit of Consent to Adopt (ACA) and a Pre-
Adoption Placement Authority (PAPA) be issued to facilitate permanent
home placement of Janine.

Question 24: With those findings in the study reports you mentioned, what happened
next?
Answer: The DSWD issued a Pre-Adoption Placement Authority (PAPA), a copy of
which I am showing and submitting to you. An Affidavit of Consent to
Adopt (ACA) was executed by DSWD-CAR Regional Director Amalia B.
Daping before the oath of a Notary Public, a copy of which I am showing
and submitting to you. (Marked as part of this Judicial Affidavit as Exhibit
“H” and “I”, respectively.)

Question 25: How is your relationship with the minor Janine since you took her until the
present time?
Answer: Me and my husband’s relationship to Janine is one of a mother and father
to a child. We treat her as our own and provide all her financial, moral,
and spiritual needs. She calls me “MAMA” showing the strong attachment
she has with me.

Question 26: What is your occupation and where do you get the income for the support
of Janine?
Answer: I earn my income as a Licensed Dentist.

Question 27: Aside from Janine, do you have any child whom you are supporting?
Answer: I do not have any child. Janine is the only child I am supporting.

Question 28: Do you think you are fully capable of supporting Janine?
Answer: Yes, ma’am. Even the DSWD made a study on this aspect which is
reflected in the Home Study Report. The Child Study Report likewise
made a study on this aspect.

Question 29: Are there any other documents to show your capability or qualifications in
order to support Janine and to support your Petition for Adoption?
Answer: Yes, ma’am. I have my NBI Clearance, Barangay Certification attesting to
my residence and good moral character issued by Brgy. Irisan, Baguio
City, Court Clearance, Police Clearance and Prosecutor Clearance.

Question 30: Do you have with you all the documents that you just have mentioned?
Answer: Yes, ma’am. These are the documents. (Witness showing all the
documents she just mentioned and marked to form part of this Judicial
Affidavit as Exhibit “J”, Exhibit “K”, Exhibit “L”, Exhibit “M”, Exhibit “N”)

Question 31: What now would you like the Honorable Court to do with your Petition for
Adoption?
Answer: I pray that the Petition for Adoption be granted. That Janine will be
declared as my own daughter and that she be known as Janine Grace
Tomad representing “Janine Grace” as her first name, and “Tomad” as her
surname.

Question 32: After the filing of this Petition, do you know if the jurisdictional
requirements were complied with?
Answer: Yes, ma’am. The jurisdictional requirements were complied with.

JUDICIAL AFFIDAVIT 4
Manifested by ATTY. YSIT:

May it be manifested that in complying with the jurisdictional requirements, the


following documents as exhibits were marked and noted by the Honorable Court:

EXHIBIT “A” – Certificate of Live Birth

EXHIBIT “B” – Foster Placement Authority

EXHIBIT “C” – Certification of Child Legally Available for Adoption

EXHIBIT “D” – Psychological Report

EXHIBIT “E” – Psychological Report of the Child

EXHIBIT “F” – Home Study Report

EXHIBIT “G” – Child Study Report

EXHIBIT “H” – Pre-Adoption Placement Authority

EXHIBIT “I” – Affidavit of Consent to Adopt

EXHIBIT “J” – NBI Clearance

EXHIBIT “K” – Barangay Certification from the Barangay Captain of Irisan


attesting to the residency of Bambi Aracoeli Luchangco-Tomad and her
good moral character

EXHIBIT “L” – Court Clearance

EXHIBIT “M” – Police Clearance

EXHIBIT “N” – Prosecutor Clearance

IN WITNESS WHEREOF, I have hereunto set my hand at Baguio City,


Philippines this 24th day of August 2018.

BAMBI ARACOELI LUCHANGCO-TOMAD


Affiant/Petitioner

SUBSCRIBED AND SWORN to before me this 24th day of August 2018, in


Baguio City, Philippines, personally appeared the above named affiant identified by me
through competent identification documents to be the same person who executed the
foregoing instrument, signed the same in my presence and acknowledged that the
same is her free and voluntary act and deed.

WITNESS MY HAND AND SEAL.

JUDICIAL AFFIDAVIT 5
SWORN STATEMENT OF THE LAWYER

I, Sheena Marie Ysit, of legal age, married, Filipino citizen with office address at
Suit 317-V, 3/F, Luy Wing Bldg., 317 Magsaysay Ave., Baguio City, under oath, states
that:

(a) I faithfully recorded the questions I asked and the corresponding answers that
the witness gave;
(b) Neither I nor any other person then present or assisting me coached the witness
regarding the latter’s answers.

SHEENA MARIE YSIT


Counsel for the Petitioner

SUBSCRIBED AND SWORN TO before me at Baguio City, Philippines this 24th


day of August 2018.

JUDICIAL AFFIDAVIT 6