Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
Pasay City
Branch 113

IN THE MATTER OF THE ADOPTION

OF THE MINOR, JULIE ANN COMIA
CLARIZA,

Spec. Proc. No. R-PSAY-10-03902-CV

SPOUSES BENJAMIN M. CLARIZA and

ISABELITA C. CLARIZA,
Petitioners.
x------------------------------------------------------x

MOTION FOR LEAVE TO

TAKE DEPOSITION OF PETITIONERS
UPON ORAL EXAMINATION

Petitioners, by counsel, respectfully state:

1. In early part of 2010, the petitioners, who migrated to the United States in

1998, arrived in the Philippines for their yearly visit and to file and prosecute the instant

Petition for the Adoption of minor Julie Ann Clarizza, which they filed with this

Honorable Court on 24 June 2010.

2. On 12 July 2010, this Honorable Court issued an Order setting the initial

hearing of this case on 23 September 2010 at 8:30 a.m..

 3. Petitioners respectfully manifest that they could not possibly attend the

hearing on 23 September 2010 and the subsequent hearings that may be scheduled by

the Honorable Court for the reception of their testimony because they are already

scheduled to leave the Philippines for the United States on 5 AUGUST 2010.

4. Due to their predicament, the petitioners pray of this Honorable Court

that they be granted leave to take their deposition upon oral examination pursuant to

Section 1, Rule 23 of the 1997 Rules of Civil Procedure, to wit:

“SECTION 1. Depositions pending action, when may be taken. – By

leave of court after jurisdiction has been obtained over any defendant or
over property which is the subject of the action, or without such leave
after an answer has been served, the testimony of any person, whether a
party or not, may be taken, at the instance of any party, by deposition
upon oral examination or written interrogatories. The attendance of
witnesses may be compelled by the use of subpoena as provided in Rule
21. Depositions shall be taken only in accordance with these Rules. The
deposition of a person confined in prison may be taken only by leave of
court on such terms as the court prescribes.”

5. Section 10 and 14, Rule 23 of the 1997 Rules of Civil Procedure provide

that within the Philippines, the said deposition may be taken before any judge, notary

public, or any person authorized to administer oaths.

6. Since the Honorable Court had already obtained jurisdiction over the

person of the petitioners upon their filing of their instant Petition, they are within their

right to request for leave of court to take their testimony by deposition upon oral

examination.

PRAYER
 WHEREFORE, in the interest of justice, it is most respectfully prayed that an

Order be issued by this Honorable Court allowing the petitioners to take their

testimony by deposition upon oral examination before this Honorable Court on 29

JULY 2010 at 8:30 a.m.

Other measures of relief, just and equitable in the premises, are likewise prayed

for.

Makati City for Pasay City, 21 July 2010.

QUIAL GINEZ & BELTRAN

5/F M.G. Building, 150 Amorsolo St.
Legaspi Village, Makati City

By:

WINSTON M. GINEZ
Roll No. 41114
PTR No. 2118835/01-15-10/Makati
IBP No. 810214/01-08-10/Zambales
MCLE No. III-0015506/ 05-04-10/Pasig City

JOEL RAYMOND R. ARCINUE

Roll No. 54631
PTR No. 2118834/01-15-10/Makati City
IBP No. 810212/01-08-10/Makati City
MCLE No. III-0015410, issued on 05-04-10/ Pasig City

NOTICE OF HEARING
THE CLERK OF COURT
RTC, Branch 113, Pasay City
Hall of Justice, Pasay City

Greetings!

Due to the urgency of the instant Motion and it being a non-litigious motion,
please submit the same for consideration and approval of the Honorable Court
immediately upon receipt hereof.

JOEL RAYMOND R. ARCINUE

HON. TERESA BUENO-CABALUM

Trial Prosecutor
Office of the Pasay City Prosecutor
Hall of Justice, Pasay City

OFFICE OF THE SOLICITOR GENERAL

150 Amorsolo St., Legaspi Village
Makati City

Gentlemen:

Due to the urgency of the instant Motion and it being a non-litigious motion,
please take notice that the same will be submitted for consideration and approval of the
Honorable Court immediately upon receipt hereof.

JOEL RAYMOND R. ARCINUE

Copy furnished:

HON. TERESA BUENO-CABALUM

Trial Prosecutor
Office of the Pasay City Prosecutor
Hall of Justice, Pasay City

OFFICE OF THE SOLICITOR GENERAL

150 Amorsolo St., Legaspi Village
Makati City