REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
DASMARIÑAS CITY, CAVITE
BRANCH @@

IN RE: PETITION FOR THE

ADOPTION OF THE MINOR
JANUAREN GABRIL
MANDIGMA SAMONTAN

RENIE SAMONTAN, SR. and

MARILYN D. SAMONTAN
Petitioners

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

SP Case No. _____________

PETITION FOR ADOPTION

-----------------------

PETITIONERS, by counsel, respectfully state:

1. Petitioners Renie Samontan, Sr. and Marilyn D. Samontan are both of legal age,
Both Filipino, married and with residence at @@. Petitioners, however, may be
served with noticesm orders, respolutions and other processes of the Honorable
Court through the undersigned counsel at the address indicated below.

2. Petitioners are husband and wife. They were married to each other on @@
through @@ officiated by @@name, @@congregation of @@place (solemnizing
officer@@).1
3. Their son Mark Dalumpines Samontan begot a child with Jonna Mae Mandigma
De Castro out of wedlock. Said child was born on January 7, 2010 and he is a
minor child sought to be adopted herein.2

1
A copy of the Certificate of Marriage of the petitioners is hereto attached and made an integral part hereof as
Annex “A”.
2
A copy of the Certificate of Live Birth of adoptee is hereto attached and made an integral part hereof as Annex “B”.
 4. Petitioners Renie Samontan, Sr. and Marilyn D. Samontan has treated the
adoptee as if he were his own and always provided the adoptee with love,
encouragement, and financial support.

5. In respect of the financial support provided by petitioners Renie Samontan, Sr. and
Marilyn D. Samontan he has specifically taken the cudgels to provide for the
adoptee’s tuition and other school needs. Likewise, he provides, and continues to
provide for the leisure and clothing expenses of the adoptee.

6. Moreover, being the biological parents of the adoptee, the father Mark
Dalumpines Samontan and Jonna Mae Mandigma De Castro has
expressed their full consent to the adoption of said adoptee by here
petitioners.

7. Hence this instant petition.

GROUNDS RELIED UPON

IN SUPPORT OF THE PETITION

8. The Domestic Adoption Act of 1998 provides that:

“SECTION 8. Who may be Adopted –
The following may be adopted:
(a) Any person below eighteen (18) years of age who has
been administratively or judicially declared available
for adoption;
(b) The legitimate son/daughter of one spouse by the
other spouse;
(c) An illegitimate son/daughter by a qualified adopter to
improve is/ her status to that of legitimacy;
(d) A person of legal age if, prior to the adoption said
person has been consistently considered and treated
by the adopters as their his/her own child since
minority;3
xxx xxx xxx”

Further, the same law likewise provides that:  

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
3
Ibid. Emphasis and Underscoring Supplied.
 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:

xxx xxx xxx

9. From the foregoing, the adoptee, Januaren Gabriel Mandigma Samontan,

is therefore among those who may be adopted under the Domestic
Adoption Act of 1998.
10. Relevantly, petitioners are likewise qualified to adopt based likewise
thereunder.
11. Furthermore, as above adumbrated, the adoptee has likewise given his
express consent to his adoption by the petitioners.
12. Furthermore, the Domestic Adoption act of 1998 likewise provides that
husband and wife shall jointly adopt, except in such cases as have been
specified therein. Since the petitioners are husband and wife and their case
does not expressly fall among the exceptions therein, this petition is
therefore being filed and shall be prosecuted by them jointly.
13. Furthermore, petitioners are of good health, emotionally and psychologically
stable and are therefore capable of caring, rearing and looking after the
welfare of the adoptee. Petitioners are likewise very much financially
 capable of providing for the needs of the said adoptee, in keeping with the
means of the family.
14. Petitioners are in full possession of their respective civil capacities and legal
rights. They are both of good moral character and neither of them have also
been convicted of any crime involving moral turpitude.
15. Thus, petitioners possess all the qualifications, and none of the
disqualifications, to adopt under the provisions of the aforementioned law.
16. Furthermore, the father Mark Dalumpines Samontan and Jonna Mae
Mandigma De Castro, who are the biological parents of the adoptee, has
also expressly consented to the adoption of the adoptee by the biological
father’s parents.
17. Anent the foregoing, there is clearly a very good ground to grant the instant
petition.
18. After all, a favourable ruling on the instant petition would clearly be for the
benefit and best interests of the adoptee.

APPLICATION FOR CHANGE OF NAME

19. Finally, the Domestic Adoption Act of 1998 furthermore provides, that:
20. Thus, in the event that this petition is favorably acted upon, petitioners
further pray that upon the issuance of the amended certificate of birth of the
adoptee, his name be instead be reflected as January Gabriel Dalumpines
Samontan.

PRAYER

WHEREFORE, it is most respectfully prayed that, after due notice, publication and
hearing, the instant petition be GRANTED and that thereafter judgement be
accordingly rendered, to wit:

1. Declaring the minor child @@@, for all intents and purposes, to be the child of
the petitioners;
2. Ordering the Local Civil Registrar of @@@ City, Cavite; Office of the Civil
Registrar General; Philippine Statistics Authority (PSA) and any other
concerned government agency or office to cause the CANCELLATION of the
original certificate of birth of the minor @@@ and, in lieu thereof;
3. Ordering the Local Civil Registrar of @@@, Cavite; Office of the Civil
Registrar General; Philippine Statistics Authority (PSA) and any other
concerned government agency or office to cause the ISSUANCE of an
 amended certificate of live birth in favour of the said minor child which shall
henceforth reflect his name to be “@@@”.

Other reliefs, just and equitable under the premises are likewise prayed for.

Dasmariñas City, @@@ February 2020

REPUBLIC OF THE PHILIPPINES )

DASMARIÑAS ) S.C.

VERIFICATION AND CERTIFICATION

WE, @@@ AND @@@, BOTH OF LEGAL AGE, Both Filipino, married and
residents of @@@, after having been duly sworn to in accordance with law, hereby
depose and state that:

1. We are the petitioners in the above-entitled case and as such, we have

caused the preparation of the foregoing petition;

2. We have read and undertood all the allegations therein stated and attest
that the same are true and correct to the best of our personal knowledge
and based on authentic records;

3. In compliance with Administrative Circular No. 04-94 and Revised Circular

No. 28-91, I hereby certify the following:

a. We have not commenced any action or proceeding involving

the same issues in the Supreme Court, Court of Appeals, or
any other tribunal or agency;

b. To the best of our knowledge, no other action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;

c. If we should thereafter learn or come to know that a similar

action or proceeding has been filed or is pending before the
Supreme Court, the Court of Appeals, or any other tribunal or
agency, we undertake to report that fact within five(5) days
therefrom to the court or agency wherein said petition has been
filed.

FURTHER AFFIANTS SAYETH NAUGHT.

@@@@ @@@@
Affiant Affiant

SUBSCRIBED AND SWORN to before me, this __ day of February 2020 at

@@@@, affiants exhibiting to me their @@@@

WITNESS MY HAND AND NOTARIAL SEAL

Doc. No____
Page. No____
Book. No____
Series of 2020