Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Imus, Cavite
Branch ____

IN RE: PETITION FOR ISSUANCE OF THE

JUDICIAL DELCLARATIONOR COURT ORDER
DECLARING THAT CLAIMANT REMEDIOS
HAVENT VINCENT IS A LEGAL BENEFICIARY
OF THE LATE SPO2 ROLANDO CARINO VICENTE
BY REASON OF MARRIAGE PURSUANT TO
PARAGRAPH B, NO. 5 OF PHILIPPINE NATIONAL
POLICE (PNP) MEMORANDUM CIRCULAR 2014-44,

SPECIAL PROC. NO. __________________

REMEDIOS HAVEN VICENTE,

Petitioner
X----------------------------------------------x

PETITION

PETITIONER, REMEDIOS HAVEN VICENTE, by the undersigned

counsel and unto this Honorable Court, most respectfully states, THAT:

I. NATURE OF PETITION

1. This is a petition brought under the provision of PARAGRAPH B, No. 5

of the PHILIPPINE NATIONAL POLICE (PNP) MEMORANDUM
CIRCULAR No. 2014-044 seeking to declare claimant/petitioner
REMEDIOS HAVEN VICENTE, the legal beneficiary of the late SPO2
ROLANDO CARINO VICENTE by reason of marriage being the latter’s
legal wife and widow;
2. PARAGRAPH B, NO. 5, MEMORANDUM CICRCULAR No. 2014-
044 is hereto quoted as follows:
 “If the beneficiary who is not a declared legal beneficiary
shows of proof of relationship such as Marriage Contract or Birth
Certificate which is “delayed registration” after the death of the
deceased PNP personnel, the PRBS shall require an order from
court declaring that he/she is a legal beneficiary of the deceased
PNP personnel/retiree. This applies if the deceased has no
Declared Legal Beneficiary (DLB) and the claimant fails to
provide proof (i.e., proof of recognition of illegitimate child, proof
of Marriage ceremony and other documents) prior to the Death of
PNP personnel/retiree and the latter has no more Chance to deny
their filiations or relationships.”

Copy of the PNP MEMO Circular 2014-044, is herewith attached and

duly marked, Annex “A”;

3. Relative to the above circular; considering that herein petitioner is

covered by the above PNP Circular, it is required and she has likewise
been advised by PNP that a judicial declaration having been made in the
manner provided by said Circular should be obtained to declare her as the
legal beneficiary of her late husband which includes requiring the PNP to
issue in her favor a decree for entitlement, distribution and transfer of
monthly pension due the late SPO2 ROLANDO CARINO VICENTE the
amount to be computed as provided by law and based on the PNP Memo
Circular No. 201-044. The PNP Memo Circular pertains to the influx of
claim folder of delayed registration of marriage after the death of the
deceased. Hence this petition;

II. PARTIES TO THE PETITION AND STATEMENT OF

JURISDICTIONAL FACTS

3. Petitioner REMEDIOS HAVEN VICENTE is of legal age, Filipino,

widow, and presently residing at No. 285 Tanzang Luma 3, Imus City,
Cavite where notices, writs and other processes of this Honorable Court
may be served;

4. The petitioner is the surviving wife of the late SPO2 ROLANDO

CARINO VICENTE, their marriage having been solemnized in a civil
 rights at Meycauayan Bulacan on May 12, 1975. Copy of their Marriage
Contract before the Local Civil Registrar is hereto attached as Annex
“B” for ready reference. Said marriage was likewise certified by the
Philippine Statistics Authority (PSA) based on its records as evidenced
by its Certification dated October 6, 2016 which is likewise hereto
attached as Annex B-1 for ready reference. Considering that above
marriage was classified under late registration, thus the same is covered
by the above PNP Circular;

5. The late SPO2 ROLANDO CARINO VICENTE served the Philippine

National Police for a period of 30 years, 4 months and 1 day from August
13, 1981 until his compulsory retirement from the police served on
December 12, 2011. He however died on his sleep on November 19,
2015, copy of his Death Certificate is hereto attached as Annex “C” for
ready reference;

6. The petitioner had already been granted/issued with the previous decree
by the same PNP functionaries entitling her to receive the amount of PHP
933,898.68 representing 36 months of lump benefits by way of
entitlement and distribution (compulsory retirement) as surviving spouse
of the late SPO2 ROLANDO CARINO VICENTE pursuant BOOK III,
NEW CIVIL CODE, THE FAMILY CODE OF THE PHILIPPINES AS
AMENDED, and NHQ PNP 2011-007 and on the basis of similar
documents currently on file with the PNP RETIREMENT AND
BENEFITS ADMINISTRATION SERVICE (PNPRBAS). For ready
reference, the petitioner is attaching herewith plain copy of said decree
marked as Annex “D” to form as an integral part hereof;

7. Forming part of SPO2 ROLANDO CARINO VICENTE’s estate and

retirement benefits is his entitlement to a monthly pension in the amount
computed in the manner provided by the law. Based on existing circulars
and regulations governing retirement and other benefits of police
personnel, the late SPO2 ROLANDO CARINO VICENTE shall become
entitled to a monthly pension after lapse three (3) years counted form the
date of his compulsory retirement from the police service on December
12, 2011;
8. The late SPO2 ROLANDO CARINO VICENTE had become entitled to a
monthly pension which started in January of 2015, hence petitioner seeks
for the transfer of pension as surviving spouse and asked the PNP
functionaries concerned to issue in her favor a decree for entitlement,
distribution and transfer of monthly pension due to SPO2 ROLANDO
CARINO VICENTE, in her capacity as the lawful surviving spouse of the
latter considering likewise that petitioner had already been acknowledged
as the legal heir of the deceased spouse after being issued by a decree of
entitlement and a certificate of legal beneficiary and have been granted a
lump sum retirement of deceased in the amount of PHP 933,898.68 as per
disbursement voucher dated _________________, copy hereto attached
as Annex “E”;

9. The Petitioner had already submitted all the requirements for transfer of
monthly pension as required by the PNP retirement.