Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch _______, Mandaue City

IN RE: PETITION FOR

DECLARATION OF PRESUMPTIVE SP PROC. NO._______
DEATH OF ABSENTEE SPOUSE
AJ DEE
Pursuant to Article 41 of the
Family Code (E.O. #209, as amended),

EMPRESS U. SHOCK,
Petitioner.
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PETITION

COMES NOW petitioner through the undersigned counsel and to

this Honorable Court most respectfully states:

1. That she is of legal age, married, and a resident of Sitio

Kamatis, Paknaan, Mandaue City, Cebu where she may be served with

notices and other processes of the Honorable Court;

2. That Aj Dee is of legal age, married, whose last known address

was also at Sitio Kamatis, Paknaan, Mandaue City, Cebu;

3. That petitioner and Aj Dee were married on 12 June 2014 civil

rites officiated by Judge James L. Ceniza of the Regional Trial Court

Branch 55 in Mandaue City, Cebu, copy of their marriage certificate is

hereto attached as Annex “A”;

4. That petitioner and Aj Dee begot one (1) child, Michael Romsu

Jinon, who was born on 04 April 2015, copy of his Birth Certificate is

hereto attached as Annex “B”;

 5. That in November 2014, Aj Dee abandoned and left the

petitioner without informing her nor asking her permission. Since then

or for a period of around six (6) continuous years, his present

whereabouts are unknown;

6. That petitioner exerted all efforts to locate her husband but the

same proved futile;

7. That her absentee spouse Aj Dee may now be declared as

presumptively dead pursuant to Article 41 of the Family Code.

WHEREFORE, premises considered, it is prayed of this Honorable

Court that Judgment be rendered declaring the presumptive death of

absentee spouse Aj Dee.

Petitioner prays for such other relief and remedies just and

equitable under the premises.

Mandaue City, Cebu Philippines, March 25, 2021.

JOHN RUSSELL R. MAGDADARO

(Counsel for the Petitioner)
Room 204, FC Quad Building
S. B. Cabahug St., Ibabao
6014 Mandaue City
IBP OR NO. 665895,01/22/2021
PTR NO.0047275,1/4/21
Mandaue City
TIN – 116-98-038
Roll No. 33434
 VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING

I, EMPRESS U. SHOCK, of legal age, married, and a resident of

Tayud, Liloan, Cebu, after being duly sworn to in accordance with law,
hereby depose and say:

1. That I have caused the preparation and filing of the foregoing

Petition and I have read all the allegations therein which are
true and correct based on my personal knowledge and
authentic documents;

2. That the pleading is not filed to harass, cause unnecessary

delay, or needlessly increase the cost of litigation;

3. That the factual allegations therein have evidentiary support or,

if specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;

4. That I have not theretofore commenced any action or filed any

claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such other
action or claim is pending therein;

5. That if I should thereafter learn that the same or similar action

or claim has been filed or is pending, I shall report that fact
within five (5) calendar days therefrom to the court wherein my
aforesaid complaint or initiatory pleading has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 25 th day

of March 2021 in Mandaue City, Cebu, Philippines.

EMPRESS U. SHOCK
Affiant

SUBSCRIBED AND SWORN to before me this 25 th day of March

2021 in Mandaue City, Cebu, Philippines.