Republic of the Philippines

REGIONAL TRIAL COURT

____ Judicial Region
Branch ____, ___________ City

IN THE MATTER FOR

APPLICATION OF THE
GUARDIANSHIP OF THE
MINORS
_____________________;

_______________
(Grandmother);
Petitioner,

-versus-
SP. PROC. NO. __________

___________________________;
Respondents.
X-----------------------/

PETITION

Petitioner, through the undersigned Public Attorney unto

this Honorable Court most respectfully states: That –

1. The Petitioner is the Grandmother of the MINORS being

the biological mother of the MINOR’s Father, (FATHER).
The Petitioner is a Filipino, of legal age, married with
contact number ____ and a resident of ____________
City where she may be served with notices and other
processes of the this Honorable Court. Herein attached is
a copy of the Birth Certificate of the MINORS and the
FATHER marked respectively as ANNEX “A”, “B”, “C” “D”
and “E”;

2. The Respondents are the parents of the mother of the

MINOR, while Respondents ______________ are the
brothers and sister of the MOTHER. All above-mentioned
relatives of the MOTHER are of legal age, Filipino and
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 are residing at ________________city where they may
be served with notices and other processes of the this
Honorable Court;

3. Respondent ________ is the brother of the FATHER, is of

legal age, Filipino and is residing at
_______________City

4. On ______________, both MOTHER and FATHER of the

MINORS where one of those who met their demise from
the ill-fated MV Princess of the Star which sunk on that
unfaithful day. Since then the custody of the MINOR was
left to the Petitioner. Attached herein are the death
Certificate of MOTHER and FATHER marked respectively
as ANNEX “F” and “G”;

5. As of this day ________________________ are still

minors with the an age of Fourteen (14) years old, Eleven
(12) years old and Ten (10) years old respectively and are
residing with their Grandmother, the Petitioner;

6. The MINORS has, in their own individual names, bank

deposits with Banco De Oro, __________ Branch which
are described as follows, to wit:;

a) Saving Accounts No. _______________ under

the name of ______________________________
with a total balance as of _________ amounting to
___________________________. Attached herein
is the Passbook for Saving Account No.
_____________________ marked as ANNEX “H”.

b) Saving Accounts No. _______________ under

the name of _______________, with a total
balance as of _______________ amounting to
_______________. Attached herein is the
Passbook for Saving Account No.
_______________ marked as ANNEX “I”.

c) Saving Accounts No. _______________ under

the name of _______________., with a total
balance as of _______________ amounting to

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 _______________. Attached herein is the
Passbook for Saving Account No.
_______________ marked as ANNEX “J”

7. Due to the minority of the MINORS and the untimely

death of their parents, there is a necessary need to
assign the Petitioner, the Grandmother, as their guardian
of their Person and Estate. And since the children has
been in the custody of the Petitioner ever since the death
of the parents of the Minor or for more than nine (9) years
it is highly convenient and in the best interest of the
Minors;

8. The MINORS has other living relatives who are the

Respondents of this case in the name
_______________, who are the parents of the MOTHER,
while Respondents _______________ are the brothers
and sister of the MOTHER and _______________ the
brother of the FATHER. But all are not in the position to
provide proper care since the MINOR was left in the care
and custody of the Petitioner and her husband. In fact
they have not once visited the MINOR nor gave any
emotional or financial support.

9. The Petitioner is in a better position to provide

guardianship to the MINORS compare to the rest of the
parties considering that the Petitioner has been acting as
the MINORS’ guardian for more than nine (9) years. And
has continued on to this date. The MINORS’ school
Administrators, teachers and members of their
neighborhood has already acknowledged that the
Petitioner is the guardians of the MINORS.

10.The husband of the Petitioner has express his willingness

to extend his love and care to the MINOR as his own.
And does not interpose objection to the petition for
guardianship of the minor, in fact he has encourage the
same. He was not include as party to this case since he
is not related to the MINORS either by blood or by affinity.

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 PRAYER

WHEREFORE, the foregoing premises considered, in the

best interest of the MINORS, who are the Petitioner’s
Grandchildren, it is most respectfully prayed of to this Honorable
Court that after due notice, and hearing, that a judgment be
rendered appointing _______________ S as Guardian of the
Person and Estate: of the minors _______________.

Other relief and remedies just and equitable under the

premises are likewise prayed for.

Respectfully submitted this _________________, Cebu City,

Philippines.
_______________
Roll No_______________
IBP OR. No. _______________
MCLE Compliance No. _______________
Counsel for Petitioner

CERTIFICATION AND VERIFICATION

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Republic of the Philippines )
City of ______ ) s.s.

_______________, is of legal age, single, Filipino and a resident

I,
_______________, after having been duly sworn to in accordance with
law hereby depose and state that:

1. I am the Petitioner in the above-entitled case and have caused

the preparation of the foregoing petition. I have read the same
and the allegations thereof are true and correct to the best of my
personal knowledge and based on authentic records;

2. I hereby certify that I have not commenced any other action or

proceeding involving the same matters or issues before the
Supreme Court, the Court of Appeals or any divisions thereof, or
with any tribunal or court; that should I thereafter learn that a
similar action or proceeding has been filed or is pending with the
Supreme Court, the Court of Appeals or any division thereof, or
any tribunal or court, we undertake to report such fact within five
(5) days from knowledge thereof to the court where this
pleading is filed or pending.

IN WITNESS WHEREOF, I have hereunto set my hand this

________________ at Cebu City, Philippines.

_______________
Affiant

SUBSCRIBED AND SWORN before me, this ___________________, at

Cebu City, Philippines affiants exhibited to me the above-mentioned
identification cards bearing their photo and signature as proof of their identity.

ATTY JAN MICHAEL D. LORENZO

Public Attorney II
Pursuant to Republic Act 9406

Copy furnished:

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_______________
_______________
_______________

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