Republic of the Philippines

SUPREME COURT
REGIONAL TRIAL COURT
Ninth Judicial Region
Branch ___
Pagadian City

PETITION FOR JUDICIAL AUTHORITY TO CASE NO.: _________

INCLUDE THE SHARE OF MINOR CO-OWNER
IN THE MORTGAGE OF REAL PROPERTY
WITH PETITION OF GUARDIANSHIP OVER
PETITIONER JOHN BENEDICT SEVILLA NEGOSO

JANET SEVILLA NEGOSO,

Petitioner

ROXANNE LOUISE SEVILLA NEGOSO and

JOHN GREGORY SEVILLA NEGOSO
Co-Petitioners
x--------------------------------------------------------/

PETITION

COMES NOW, the petitioner and co-petitioners, thru undersigned counsel and
unto this Honorable Court, most respectfully aver, that;

1. Petitioner JANET SEVILLA NEGOSO is of legal age, married, Filipino, and a resident of
Purok Madasigon, Banale, Pagadian City, Zamboanga del Sur, where she may be served
with decisions, orders, notices, resolutions and other papers emanating from the
Honorable Court; she is filing the foregoing petition in her capacity as guardian and
mother of JOHN BENEDICT SEVILLA NEGOSO, a minor, Filipino, single, and a
resident of Purok Madasigon, Banale, Pagadian City, Zamboanga del Sur, where she may
likewise be served with decisions, orders, notices, resolutions and other papers
emanating from the Honorable Court, the Certificate of Live Birth of John Benedict
Sevilla Negoso is hereto attached and marked as Annex “A” and made an integral part
herein;

2. Petitioner ROXANNE LOUISE SEVILLA NEGOSO and JOHN GREGORY SEVILLA

NEGOSO are all of legal age, Filipinos, single, and residents of Purok Madasigon,
Banale, Pagadian City, Zamboanga del Sur, where they may be served decisions, orders,
notices, resolutions and other papers emanating from the Honorable Court; they are
likewise the children of petitioner Janet Sevilla Negoso and the sibling of minor JOHN
BENEDICT SEVILLA NEGOSO;

3. Petitioner was married to, now deceased, Generoso N. Negoso on January 16, 1993 at
Diplo Catholic Chapel, the Marriage Contract is hereto attached and marked as Annex
“B”;
4. For purposes of building their conjugal home, the couple managed to purchase a lot,
located in Banale, Pagadian City, from a certain Valeriano, in 1995, covered by
TRANSFER CERTIFICATE OF TITLE NO. 131-2020000393, a Certified True Copy of
which is attached and marked as Annex “C”;

5. The said property has been declared for taxation purposes and is covered by Tax
Declaration of Real Property No. 2019-203307 with a fair market value of P407,680.00;
a copy of the said tax declaration is herein attached and marked as Annex “D”;

6. Real property taxes over the said property have likewise been paid as evidenced by a
Certification of payment of realty taxes from the Office of the City Treasurer of Pagadian
which we have attached and marked as Annex “E”;

7. The assessed market values of the land yield a total of FOUR HUNDRED SEVEN
THOUSAND, SIX HUNDRED EIGHTY PESOS, (P470,680.00), Philippine currency;
since the minor John Benedict S. Negoso is a co-owner in equal share, he owns and has a
participation of __ of the value of said property in the amount of _______________,
Philippine currency.

8. In 1998, a house was erected in the said lot that served as the couple’s conjugal home.
During the entirety of the couple’s stay thereat, they’ve had three (3) children namely
Roxanne Louise S. Negoso, John Gregory S. Negoso and John Benedict S. Negoso, the
co-petitioners of this case; a copy of their Certificate of Live Birth are attached and
marked as Annex “F”, and Annex “G” respectively;

9. Unfortunately, on October of 2018, the husband of petitioner, Generoso N. Negoso, died

due to kidney trouble; a copy of the deceased CERTIFICATE OF DEATH is hereby
attached and marked as Annex “H”. Having thought that things could not get any
worse, not more than a year after the death of petitioner’s husband or on April 2019,
their conjugal home was burned down, adding burden to their already grievous
situation.

10. After the petitioner’s house burned down they lived in her sister’s house, Florilyn Sevilla
Sanchez at Purok Bethlehem, Banale, Pagadian City. The latter lives in a one (1) room
house with her two (2) children;

11. Thinking that they are overcrowding Florilyn’s house, petitioner together with co-
petitioners, planned to sell their lot in Banale, which proceeds they will use to buy their
own house. Consequently, they instead decided to apply for a Housing Loan in PAG-
IBIG secured by a Real Estate Mortgage on their lot, herein mentioned, for the amount
of ONE MILLION NINE HUNDRED NINETY THOUSAND (P1,990,000.00);

12. On March 19, 2020 however, petitioner together with co-petitioner Roxanne Louise-
Sevilla Negoso, received a Notice of Condition Approval that their PAG-IBIG Fund
Housing Loan Application for House Construction located at Lot 13-A-3 Purok
Madasigon Banale Pagadian City has been conditionally approved. This is due to the fact
 that one of the co-owners, John Benedict S. Negoso, is a minor. Non-compliance of the
conditions set forth, within the prescribed period will render the Loan Application
deemed cancelled; a copy of such notice is hereto attached and marked as Annex “I”.

13. Considering the foregoing, petitioner Janet Sevilla Negoso as mother of the co-owners of
the said real property, is invoking the provisions of Section 7, Rule 93 of the Rules of
Court which governs the situations where the value of the property of the child is worth
more than two thousand pesos, stating:

Section 7. Parents as guardians. – When the property of

the child under parental authority is worth two thousand pesos
or less, the father or the mother, without the necessity of court
appointment, shall be his legal guardian. When the property of
the child is worth more than two thousand pesos, the father or
the mother shall be considered guardian of the child’s property,
with the duties and obligations of guardians under this rules and
shall file the petition required by section 2 hereof. For good
reasons the court may, however, appoint another suitable
person.

14. In the absence of judicial authority to include the share of the minor co-owner in the
mortgage, the PAG-IBIG has not acted favorably upon the request; at present, the
Court’s approval is indispensable regardless of the amount of the property involved;

15. Pursuant to Rule 95, Section 1 of the Rules of Court, the guardian (and the co-owners of
the estate) may present a verified petition to the court praying that an order be issued
authorizing the sale or encumbrance as regards the share of the minor co-owner before
entering into the said loan and mortgage agreement;

16. Petitioner are willing to post a bond in the amount as may be set or ordered by the
Honorable Court;

17. In view thereof, petitioner, having legal interest over the subject real estate, are now
praying for the issuance of such order authorizing the mortgage of the share of JOHN
BENEDICT SEVILLA NEGOSO, a minor co-owner of the subject real property as
represented by JANET SEVILLA NEGOSO, the mother and legal guardian of the said
minor;

18. The said mortgage of real property is for the benefit of the co-owners including the ward,
JOHN BENEDICT SEVILLA NEGOSO.

PRAYER

PREMISES CONSIDERED, IT IS most respectfully prayed that:

1. Letters of guardianship be issued in favor of Petitioner Janet Sevilla Negoso

for the minor John Benedict Sevilla Negoso;
2. Judicial leave and/or authority be granted to petitioner and co-petitioners
to include the share of minor John Benedict Sevilla Negoso in the real estate
mortgage involving the property above-mentioned with PAG-IBIG.

3. An order issue setting the bond as required under the Rules of Court.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted this __ day of September 2020, at Pagadian City,

Philippines.

ATTY. FELIX M. ESCALANTE, JR.

Counsel for Petitioner and Co-Petitioners
2nd floor, Lacuna Bldg. Rizal Avenue,
Pagadian City
Attorneys Roll No. 57655
IBP No. 115395-2/3/20
Issued at Pagadian City
PTR No. 2582355-1/27/20
Issued at Pagadian City
MCLE Compliance VI: 0013549
Issued on October 2, 2018 and
Valid until April 14, 2022
Email ad: pgochief@yahoo.com
0917-623-0775