REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
FAMILY COURT OF BAGUIO CITY
BRANCH ______

IN RE: Adoption and application

for Change of Name of minor
JHASMINE RHIANE SELDA
HERNANDEZ

Sp. Proc No. _______-A

JONATHAN ATIJERA OSTIL and

KRISTINE YUMUL ESGUERRA
Petitioners,

-versus-

LOCAL CIVIL REGISTRAR OF

BAGUIO CITY, PHILIPPINE STATISTICS
AUTHORITY, the OFFICE OF
THE SOLICITOR GENERAL
KARILAGAN SELDA HERNANDEZ and

Respondents
x--------------------------------------------x

PETITION

With Utmost Respect to this Honorable Court.

Comes now Petitioners, through the undersigned counsel,

respectfully avers:

1. That Petitioners are spouses JONATHAN ATIJERA

OSTIL(JONATHAN), 39 years of age and KRISTINE YUMUL
ESGUERRA-OSTIL(KRISTINE), 32 years of age, they are married,
Filipino Citizens and residents of 19 Marcoville, Baguio City where
they may be serve with notices, orders and other processes of this
Honorable Court (Their respective Certificates of Live Birth and
their Marriage Contract are hereto attached as Annexes “A”,
“A-1” and “B” respectively and are made as integral
components of this Petition);
2. Petitioner JONATHAN and the biological mother of Jhasmine,
KARILAGAN SELDA HERNANDEZ, met sometime 2008 and had a
romantic relationship to which the fruit came about JHASMINE
RHIANE born on September 23, 2009. Due to the existing
marriage of Karilagan, the baby was named after her and the
surname of his then spouse, VICTOR HERNANDEZ(VICTOR);

3. VICTOR knew the fact that he has not fathered JHASMINE RHIANE
but still he allowed that he be named as the father in the minor's
Certificate of Live Birth;

4. Due to some wrong turns in life, VICTOR has to be incarcerated

and is actually serving sentence now at the New Bilibid Prisons,
Muntinlupa City, Philippines;

5. Despite this fact, VICTOR still gave his consent to the adoption of
JHASMINE RHIANE as he knew that this would be for the best the
interest of the minor child. (a copy of the Affidavit of Consent
executed through videoconferencing as well as the photo of
him after signing the Affidavit is hereto attached as Annex “C”
and “C-1” respectively and are made as integral parts of this
petition)

6. KARILAGAN took Jhasmine under her custody until she was four
years old or until the year 2013;

7. Petitioners wish to legally adopt Jhasmine and are atleast 16 years

older than the adoptee. (the adoptee's Certificate of Live Birth
is hereto attached as Annex “C-3”, and is made as an integral
part of this Petition);

8. That the Petitioners possess full civil capacity and legal rights, are
of good moral character and have not been convicted of any crime
involving moral turpitude (the Petitioners’ Barangay
Clearances are hereto attached as Annexes “D” and “D-1”, NBI
Clearances as Annexes “E” and “E-1”, Prosecutors Clearances
as Annexes “F” and “F-1”, Regional Trial Court Clearances as
Annexes “G” and “G-1”, Municipal Trial Court in Cities as
Annexes “H” and “H-1”, Police Clearances as Annexes “I” and “I-
1” and are made as integral components of this Petition);

9. That the Petitioners are physically, emotionally and

psychologically capable of caring for children and are in a position
to support and care for their children (the Medical Examination
Records of the Petitioners duly issued by a Government
Physician are hereto attached as Annexes “J” and “J-1” as well
as Petitioners' Proof of Employment and respective
 income(Aruba) as Annexes “K” and “K-1”are also made as
integral parts of this Petition);

10. That the Petitioners have long been in care and custody of
the minor children since 2013 and have been living in the same
address up to date. In order to advance the best interest of minor
Jhasmine, Petitioners decided to adopt her;

11. That the Petitioners have another child namely Samantha

Kate E. Ostil, a younger sibling of Jhasmine. Karilagan, the
biological mother has consented to the adoption of Jhasmine(the
Affidavit of Consent to the Adoption is hereto attached as
Annex “L” and is made an integral part hereof);

12. That since 2013, it was Petitioner Jonathan wo had been in

custody of Jhasmine and sometimes leaves her under the watch
and care of his mother, Florence A. Ostil and Aunt Melanie O.
Parone who are also living in the same address at Marcoville,
Baguio City. This temporary custody was given them considering
the work of Petitioners abroad;

13. The Petitioners took full responsibility of taking care

Jhasmine. They have been providing for her basic needs of food,
shelter, clothing, education and all other needs for her growth.
The biological mother has also another family to attend to and is
in full support of her daughter Jhasmine's adoption;

14. That the minor Jhasmine has always been known, presented
and held out in public as the child of the Petitioners since 2013.
They sleep with her, bathe her, cook her everyday meals, bring
and fetch her from school and do all the duties and
responsibilities of a parent to his/her children. (photos of
Jashmine with the Petitioners are hereto attached as Annexes
“M and series” and made as integral part of this petition)

15. That for this reason, and as a legal consequence of a granted

adoption, the names indicated in the respective Certificates of Live
Birth of Jhasmine is likewise prayed for to be changed to
“ESGUERRA” as the middle name and “OSTIL” as her surname/last
name;

16. That the Petitioners, in their own personal knowledge and

with their attendant supporting documents believe they have all
 the qualifications and none of the disqualifications to legally adopt
minor Jhasmine Rhiane Selda Hernandez;

17. In the course of the proceedings of this case, the

PETITIONERS, JONATHAN and KRISTINE shall be presented to
prove their claim. The prospective adoptee shall also be
presented in accordance with the rules for minor-child witnesses
when the Court so requires. Further, the undersigned is also
reserving the right to present the testimonies of other witness as
the need for it may arise in the course of the trial;

18. The Testimonies of the Petitioners shall be presented as to

delve on their qualifications as prospective adopters in accord
with the law and the rules on domestic adoption;

19. The documentary exhibits to be presented are certifications,

clearances and other documentary exhibits issued by various
government and private agencies to affirm the qualifications of
the petitioners to adopt the minor child;

20. Lastly, a previous petition was filed docketed as Special

Proceedings Case No. 600-A which was dismissed without
prejudice for lack of consent from the father as per minor
adoptee's Certificate of Live Birth. This deficiency was then
complied with in this present petition;

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed

for the Honorable Court:

1. To give due course to this petition;

2. After Publication, Notice and Hearing, to GRANT this Petition for

the adoption of JHASMINE RHIANE SELDA HERNANDEZ for her
to be adjudged as the legitimate child of the Petitioners for all
intents and purposes and are correspondingly entitled to all
rights and obligations of a legitimate child as provided for under
the laws;

3. To order the Local Civil Registrar for Baguio City to change the
names of JHASMINE RHIANE SELDA HERNANDEZ to JHASMINE
RHIANE ESGUERRA OSTIL;

Other reliefs which are just and equitable under the premises are
likewise respectfully prayed for.
City of Baguio, Philippines, August 8, 2021.

BENGWAYAN, MENDOZA AND WOODEN LAW OFFICE

Counsel for the Petitioners
Suite 307 Jose Miguel Bldg.,
1 Labsan St.,
Baguio City
0916 496 1156
crius_jm@yahoo.com

By:

EUGENE ALBERT O. JAVILLONAR

IBP No. 164355; May 14, 2021;Baguio City
PTR No. 5256607; August 4, 2021; Baguio City
MCLE Compliance: MCLE Governing Board Order No. 1,
S. July 4, 2008
Roll No. 75228; July 22, 2020
REPUBLIC OF THE PHILIPPINES)
CITY OF BAGUIO )S.S.
X----------------------------------------X

VERIFICATION AND CERTIFICATION

We, JONATHAN ATIJERA OSTIL and KRISTINE ESGUERRA OSTIL,

married, Filipinos and residents of No. No. 19 Marcoville, Baguio City,
Philippines 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;
2. We have caused the preparation of the foregoing Petition; we have
read and understood the allegations therein and hereby state under
oath that the contents thereof are true and correct of our own personal
knowledge and the factual allegations therein have evidentiary support
or, if specifically so identified, will likewise have evidentiary support
after a reasonable opportunity for discovery;
3. This pleading was not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
3. That We further certify that: (a) We have not theretofore commenced
any other action or proceeding or filed any claim involving the same
issues or matter in any court, tribunal, or quasi-judicial agency and, to
the best of our knowledge, no such action or proceeding is pending
therein; (b) if We should thereafter learn that the same or similar action
or proceeding has been filed or is pending before the Supreme Court, the
Court of Appeals, or other tribunal or quasi-judicial agency, We
undertake to report such fact within five (5) calendar days therefrom to
the court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.
IN WITNESS WHEREOF, We have hereunto set our hands this 8th
day of August, 2021 at Baguio City, Philippines.

JONATHAN A. OSTIL KRISTINE E. OSTIL

Driverse License No. A01-05003260 Driverse License No. A01-87-019535

Affiants
 SUBSCRIBED AND SWORN TO before me this day of August 8,
2021 at Baguio City, Philippines by the Affiants exhibiting their
respective identification cards.

Doc. No. : _________

Page No.: _________
Book No.:_________
Series of 2021