Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch___
Cebu City

IN RE: IN THE MATTER OF ADOPTION OF

MINOR MARCO MENIL AND CHANGE OF
NAME TO RODRY BRYAN
SPECIAL PROCEEDING
NO. _____

SPS. ABRA E. BRYAN and ETHEL A. BRYAN,

Petitioners
.

x--------------------------------------------------------------x

PETITION

COMES, NOW, THE PETITIONERS, thru their counsel, and unto this
Honorable Court, most respectfully allege the following, to wit:

1. That petitioners are both of legal age, Filipinos, married to each

other, and residents of #54 Salinas Drive, Cebu City;

2. That they desire to adopt the minor child named MARCO MENIL,
who is male, three years of age, Filipino, and likewise residing at #54 Salinas
Drive, Cebu City;

3. That herein subject minor, was born at Cebu City Sotto Medical
Center on January 27, 2016 to CHARI MENIL, unmarried, which proof of
birth was duly registered in the Register of Births of the Office of the Civil
Registrar of Cebu City, for which a Certificate of Live Birth was issued. A
machine copy of it is herewith attached as Annex “A”;

4. That the minor child was admitted to the proper care and custody
of the Department of Social Welfare and Development (DSWD for brevity)
by his biological mother together with referring social worker, JANE ONG of
DWSD-Crisis Intervention Unit located in Cebu City on January 31, 2016.
Subject child was referred to their office by the Medical Social Worker of
Cebu City Sotto Medical Center (CCSMC for brevity) after being initially
assessed that the mother cannot support the child with all his needs due to
economic and health reasons;
 5. That MARCO was only 4 days old when he was brought for
admission at the center. He was born through normal delivery and assisted
by DR. PIA WURTZ, Medical Officer III of Cebu City Sotto Medical Center;

6. That during the interview of the child’s mother, it was found that
the subject child’s mother worked as a Guest Relation Officer (GRO) in Volvo
KTV bar in Brgy. Ramos, Cebu City, and his father could not be identified. No
further details regarding his family background was established due to the
mother’s inconsistent answers to the questions. Moreover, the referring
social worker, MS. JANE ONG worked out to submit child’s mother for
assessment by psychiatrist but the mother refused as she insisted to be
mentally stable and healthy. Per collateral review on the given address, it
was found that the mother has several men whom she does not want to
identify. She has no relative living in the city.

7. That during the child’s admission in the center, the mother, was
informed of the placement status of the child and the center’s programs
and services. She was also advised to come and visit her son to determine
her readiness to assume the role of parenting. Unfortunately, the mother
failed to fulfill such agreement. In fact, it was her first and last visit to her
child has been deprived of the love, care and attention from his biological
mother since he was two (4) days old up to the present;

8. That as per Child Study report, the DSWD has evaluated and
recommended that the minor child can be legally adopted to spouses ABRA
D. BRYAN and ETHEL A. BRYAN for the child’s best interest and welfare. A
copy of said DSWD Child Study Report is herein attached as Annex “B”;

9. THAT, MOREOVER, Petitioner is qualified to adopt the minor child

above-named under Articles 183-186 of the Family Code of the Philippines,
as amended by the provisions of Republic Act No. 9552, the Domestic
Adoption of 1998;

10. That, in addition, the adoptive applicants have been married since
June 16, 2008 but they remain childless. The spouses decided to foster a
child to whom they can give their love, care and affection. On January 10,
2017, Marco Menil from the Child Reception and Study Center for Children
was placed under their custody as foster child. Attached herewith is a copy
of the spouses’ Marriage Contract as Annex “C”;

11. That the DSWD in fact made a Child Study Report on the case of
the subject minor child and in that study report i.e. social diagnosis the
minor deprived of parental love and care. They maintained that it was the
present custodian, who unselfishly provided them love and the best
opportunities to make the child fully accepted and loved by the family
resulting to a positive parent-child relationship;

12. That, on October 30, 2018, the subject minor was formally
matched to Spouses ABRA and ETHEL BRYAN. Last November 15, 2018, the
corresponding AFFIDAVIT OF CONSENT TO ADOPTION by DSWD was issued
and herein attached and form part of the petition as Annex “D”;

13. That herein petitioners has the capability and ability to extend to
said minor the kind of financial support that a parent can give to his child.
ABRA BRYAN is the Branch Manager of Banco De Oro Mango Branch while
the wife ETHEL BRYAN is a College teacher at University of San Carlos.
Attached hereto are the employment identification cards of petitioners as
Annex “E” and “E-1”;

9. That it is for the best interest of said minor if they would be

considered as child of herein petitioners because his financial, spiritual, and
emotional needs would be taken care of and his future would be
safeguarded. In fact, the couple owns a house located a safe neighborhood..
They also hired a nanny to take care of the subject minor while they are at
work. Moreover, the mother of Abra lives with the spouses who loves the
child as much as the spouses. With that, the DSWD, in its Home Study
Report, has strongly evaluated and recommended that the Honorable Court
approve the adoption of minor Marco Menil to Spouses Abra E. Bryan and
Ethel A. Bryan. A copy of the Home Study Report is herein attached as
Annex “F”;

10. That the spouses are of good character, has no derogatory record
whatsoever can be attributed to them, are emotionally and psychologically
capable of caring for the child, are more than sixteen (16) years older that
the subject minor sought to be adopted, are in position to support and care
said child in keeping with the means of the family. Attached herewith are
copies of their Police clearances as statements as Annexes “G” and “G-1”;

11. That, at present, the subject minor is now three (3) years old and
has been with the petitioners for two (2) years now. He has adjusted well in
the atmosphere and environment of his foster family. He is observed to be
an active, healthy, sociable and affectionate child. Generally speaking, his
total growth and development is within the normal level which could be
attributed to the positive, alternative, and stimulating activities given by the
foster family.

12. That the minor sought to be adopted does not own any real,
personal, tangible and intangible property; and

13. That this adoption is for the best interest and security of the said
minor if he would be considered as true and legal child of herein petitioners
and it will make his life normal, productive, and good persons in the
community;

PRAYER
 WHEREFORE, premises considered, it is respectfully prayed of this
Honorable Court to grant this petition of Spouses Abra and Ethel Bryan for the
adoption of Marco Menil and for the change of the child’s name to Rodry Bryan.

Such other reliefs which the Honorable Court may deem just and equitable
under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

City of Cebu, Philippines, February 12, 2019.

JABAR A. SABDULLAH
Counsel for Petitioner
Unit 4, 2nd floor, Ayala Tower
Cebu City
Tel No. 241-0282
Roll of Attorney’s No. 2401
PTR NO. 2491951; 12/28/2018
IBP LIFETIME MEMBER NO. 06715
MCLE Compliance No.IV-002145
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU ) S.S

VERIFICATION/CERTIFICATION OF
NON FORUM SHOPPING

We, Spouses ABRA E.BRYAN and ETHEL A. BRYAN, both of legal age, Filipino
citizens, and residents of #54 Salinas Drive, Cebu City, under oath, depose and
state:

1. That we are the Petitioners in the above-mentioned case;

2. That we have caused the preparation of this Petition;
3. That we have read and understood its contents and affirm that they are
true and correct to our personal knowledge and based on authentic
records; and,
4. That we hereby certify that there is no other case or special proceeding
commenced or pending before any court involving the same parties and
the same issue and that should we learn of such a case or special
proceeding, we shall notify the court within five (5) days from our
notice.

IN WITNESS WHEREOF, we have signed this instrument on the 12th day of

February 2019, in the City of Cebu, Philippines.

ABRA E. BRYAN ETHEL A. BRYAN

Affiant Affiant

SUBSCRIBED AND SWORN to before me a notary public in and for the City
of Cebu, personally appeared the affiant with Senior Citizen ID No. 12045 issued
on August 14, 2014, who is personally known to me/who was identified by me
through competent evedince of identity to be the same person who presented the
foregoing instrument hereto annexed and signed the instrument in my presence,
and who took an oath/affirmation before me as to such instrument.

Doc. No. _____ JABAR A. SABDULLAH

Page No. _____ Notary Public
Book No. _____ Tel No. 241-0282.
Series of 2019 Roll of Attorney’s No. 2401
PTR No.. 2491951; 12/28/2018
IBP Lifetime Member No.. 06715
MCLE Compliance No.IV-002145