You are on page 1of 8

Republic of the Philippines

REGIONAL TRIAL COURT


Tenth Judicial Region
Branch 31
Dapa, Surigao del Norte

IN RE: IN THE MATTER OF ADOPTION OF


MINORS “YNA ATHEA CONSIGNA
MACABODBOD” AND CHANGE OF NAME TO
APRILLE XYRAH BALBARINO DIZON & “IYA
ATASHA CONSIGNA MACABODBOD” AND SPECIAL PROCEEDING
CHANGE OF NAME TO APRILLE XYRINE NO. SP-18-18
BALBARINO DIZON;

AND,

THE CANCELLATION OF THE SIMULATED


CERTIFICATES OF LIVE BIRTH WITH REGISTRY
NOS. 2013-4404 AND 2013-4405 IN THE CIVIL
REGISTRY

SPS. GLENN MARK C. DIZON AND CHIEN


CEN B. DIZON
Petitioners,

-versus-

THE LOCAL CIVIL REGISTRY


Respondent.

x----------------------------------------------------------/

JUDICIAL AFFIDAVIT

I. PRELIMINARY STATEMENT

This is the Judicial Affidavit (JA) of an expert witness, MELANIE


GALINDO- JUAN, RSW, taken and recorded by the examining

1|Page
counsel, Atty. Geramer V. Durato, on the date indicated at the end
of this affidavit.

The examination was conducted in the Counsel’s Office, with


office address at DSWD F.O. Caraga, R. Palma St., Butuan City, 8600.

The Affiant was answering questions truthfully and fully


conscious that he did so under oath, and that he may face criminal
liability for any false testimony or perjury.

II. OFFER (BY ATTY. DURATO)

This judicial affidavit is being offered to prove THAT –

(A) The witness is an expert, she being a registered social worker


and well-known practitioner of her profession, having testified in
court for numerous times on adoption cases;

(B) She has conducted numerous evaluations or assessment as


regards to adoption and has prepared Child and Home Study
Reports, including this case;

(C) In her Child and Home Study Report and within her professional
expertise, she recommended for the adoption of the children
Yna Athea and Iya Atasha Macabodbod (twin siblings) into the
home of Mr. & Mrs. Glenn Mark and Chien Cen Dizon;

(D) She will identify her judicial affidavit, her Child and Home Study
reports, other related documents, and will testify on all other
relevant and material facts.

III. AFFIANT- WITNESS’S PERSONAL CIRCUMSTANCES &


AWARENESS OF TESTIMONIAL LIABILITY/ SIGNIFICANCE

Q1: Do you swear, under oath to tell the whole truth and nothing
but the truth, so help you God?

A: Yes sir, I do.

2|Page
Q2: Being under oath, are you fully aware and conscious that you
may face criminal liability for any false testimony or perjury
that you may commit here?

A: Yes sir.

Q3: Please state your name and personal circumstances.

A: I am, Melanie Galindo Juan, of legal age, married, Filipino, and


a resident of B15 Lot 27 Montevista Villas, Villa Kanangga,
Butuan City, Agusan del Norte.

IV. EXAMINATION

Q4: For the record, what is your profession?

A: I am a registered social worker, occupying a position of Social


Welfare Officer III (Contractual) of DSWD Field Office Caraga.
Presently, I am the Unit Head of the Crisis Intervention Unit, a
unit in the Department that is primarily tasked to provide
assistance to individuals in crisis situation.

Prior, to this new assignment, I was the Community-based


Social Worker for the Province of Surigao del Norte, where one
of my duties is to provide professional/ technical assistance to
couples who wanted to adopt, hence, this case.

Q5: What is your proof that you are a registered social worker
and that you are occupying a position of Social Welfare
Officer III of DSWD Field Office Caraga?

A: I have my PRC license ID1 and my Appointment Paper2.


Machine copies of the said documents are respectively
attached herein as Annex “A” and Annex “B”.

Q6: Why are you executing this Judicial Affidavit?

A: I am executing this judicial affidavit to testify on the Child and


the Home Study Reports I prepared in connection with the
Petition for Adoption of minors and twin siblings Yna Athea
1
Annex “A”, PRC License
2
Annex “B”, Appointment Paper (SWO III)

3|Page
and Iya Atasha Macabodbod, and on all other relevant and
material facts.

Q7: Do you have with you the Child and the Home Study Reports
pertaining to this case, containing necessary findings therein,
as well as your recommendation?

A: Yes sir, and the said reports were already marked as Exhibit
“F”, for the Child Study Report and, Exhibit “I”, for the Home
Study Report.

Q8: How did you come up with your recommendations?

A: Before I make my recommendations as to the petitioners


Application for Adoption, I conducted home visits, collateral
interviews with neighbors of the petitioners and with their
reference persons. I also did personal interviews with the
petitioners themselves and carefully observe the twin siblings
during home visits, taking into account all the necessary
information for my report.

Finally, using the standard Child and Home Study reporting


template of the Department, I was able to thoroughly make
my Assessment and Recommendations.

Q9: What is your recommendation in your Child Study Report?

A: I recommended in my Child Study Report in February 19, 2018


as I quote, that:

“Yna Athea C. Macabodbod and Iya Atasha C. Macabodbod or


known as Aprille Xyrah and Aprille Xyrine has been under the
custody of their prospective adoptive parents for four years
already. The twins were already emotionally attached to them.
They were treated well and loved by their prospective adoptive
parents. The Macabodbod twins are already declared legally
available for adoption by the Department of Social Welfare
and Development pursuant to RA 9523 as per Certification
herein attached dated October 12, 2017 with control numbers
2017-6267 and 2017-6268.

Based on the above assessment, undersigned hereby


recommends for the permanent placement of the
Macabodbod twin through adoption by Mr. and Mrs. Glenn
Mark and Chien Cen Dizon for their best interest and welfare.
4|Page
The couple prays to change their names from Yna Athea C.
Macabodbod to Aprille Xyrah B. Dizon and Iya Atasha C.
Macabodbod to Aprille Xyrine B. Dizon.” (emphasis supplied)

Q10: In your recommendation, you made mention of a fact that


the Macabodbod twin siblings are declared legally available
for adoption? Is this correct?

A: Yes sir. To substantiate this, you may refer to pre-marked


Exhibits “F” and “G”, for Yna Athea and Iya Atasha,
respectively.

These Certificates Declaring the Children Legally Available for


Adoption (CDCLAA), are issued by the Officer-in-Charge
[Secretary] of the DSWD in 12th of October 2017, pursuant to
RA 9523 or known as “An Act Requiring Certification Of The
Department Of Social Welfare And Development (DSWD) To
Declare A ‘Child Legally Available For Adoption’ As A
Prerequisite For Adoption Proceedings, xxx”.

Q11: How about in the Home Study Report, what is your


assessment?

A: Item XIII. Evaluation/ Assessment, par(4), page 12 of my report


(HSR), I will quote:

“The applicants have all the qualifications under the law to


adopt. They are of legal age, in possession of full civil capacity
and legal rights, of good moral character, have not been
convicted of any crime involving moral turpitude. They have no
derogatory and criminal records based on the NBI Clearance
herein attached. The Psychiatric Evaluation Report revealed
that the Dizon are emotionally and psychologically capable of
caring a child. They can act as mature parents and competent
to adopt. In addition, they are physically fit to adopt as
evidenced in the Medical Certificate. They are financially
capable to adopt since they are gainfully employed and can
sustain the needs of the twins. The spouses are observed to be
loving parents to the Macabodbod twins and can provide a
loving family environment as certified by their Character
References.”

The petitioners have cared and considered Yna Athea and Iya
Atasha as their own children, and provided them with love and

5|Page
affection, hence, I recommended for the approval of their
application for adoption of the twin siblings.

Q12: Is there any assessment as to Psychological Capacity and of


the petitioners’ parenting competence that may corroborate
your professional assessment?

A: Yes sir. A Psychiatric Evaluation Report, pre-marked as Exhibit


“J”, dated February 1, 2018, prepared by Dr. Manuel Luis F.
Bauson, M.D., DPBP, FPPA, Psychiatrist with License No.
82919, also recommended as quoted:

“1. Basing on the mental status examination, psychological


test, physical and neurological examination, Glenn and Chien
Cen are emotionally balanced and can act as mature parent.

2. No severe psychological disorder or problem was found.

3. Glenn and Chien Cen have normal cognitive functioning.

4. Therefore, Glenn [Mark] and Chien Cen are Competent to


raise Aprille Xyrah and Aprille Xyrine for adoption.” (Emphasis
supplied)

Q13: Were your favorable recommendations in your Child and


Home Study Report approved?

A: Yes sir. As a result, a duly notarized Affidavit of Consent to


Adoption (ACA) for Yna Athea and Iya Atasha, consenting for
their adoption, was executed by the former Regional Director
of DSWD Field Office Caraga, Dir. MITA CHUCHI GUPANA-LIM.
Each ACA is coupled with a Pre-Adoption Placement Authority
(PAPA), authorizing the herein petitioners (Prospective
Adoptive Parents- PAPs), to provide for the care, safety, and
welfare of the twin siblings, pending their Petition for
Adoption in Court. These documents are pre-marked as
Exhibits “O”, “P”, “Q”, and “R” respectively.

Q14: How old are the children now?

A: Yna Athea and Iya Atasha are now seven (7) years old.

6|Page
Q15: Can you show to the Honorable Court, any other evidence
how these children have been living their life since
entrustment and/ or placement to the Dizon family?

A: Attached as Annex “C” is a Family Picture 3 showing the twin


siblings and the petitioners.

Q16: What is the probable value and character of the estate of the
twin siblings Yna Athea and Iya Atasha?

A: Based on the investigation I have conducted, the probable


value and character of their estate cannot be determined since
they do not own any real, personal, tangible and/or intangible
property.

Q17: Do you have anything more to say?

A: None sir, unless asked for more.

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of


August 2020 at Butuan City, Philippines.

MELANIE GALINDO JUAN


Affiant
PRC License: 0012950
Valid Until: 07/09/2023

SUBSCRIBED AND SWORN to before me by the affiant on the date and at


the place as indicated above by him, exhibiting to me competent proof of
his/ her identity.

Doc No. ________;


Page No. ________;
Book No. ________;
Series of 2020.

3
Annex “C” to “C-5”, Family Picture

7|Page
V. ATTESTATION

I, ATTY. GERAMER V. DURATO, of legal age, Filipino, married, and


resident of Prosperidad Agusan del Sur, do hereby state under oath, THAT:

I am the lawyer who conducted or supervised the examination of the


expert witness, MELANIE GALINDO-JUAN, RSW, in my Office at DSWD F.O.
Caraga, R. Palma St., Butuan City, 8600; and hereby state, under oath, that I
faithfully recorded the questions I asked and the corresponding answers
that the witness gave and that neither I nor any other person present or
assisting me coached the witness regarding the latter’s statement. I am
fully aware that a false attestation shall subject me to disciplinary action,
including disbarment.

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of


August 2020 at Butuan City, Philippines.

ATTY. GERAMER V. DURATO


Affiant
Driver’s License No. K01-07-004069

SUBSCRIBED AND SWORN to before me by the affiant on the date and at


the place as indicated above by him/ her, exhibiting to me competent proof
of his/ her identity.

Doc No. ________;


Page No. ________;
Book No. ________;
Series of 2020.

Copy furnished:

Provincial Prosecutor’s Office


Province of Surigao del Norte

8|Page

You might also like