REPUBLIC OF THE PHILIPPINES

Regional Trial Court

7th Judicial Region
Branch 12,
Cebu City

IN RE: IN THE MATTER OF

THE GUARDIANSHIP OF
MINOR JOSEFINA MALECDAN Sp. Proc. No. 98743

KELVIN MALECDAN,
Petitioner.
x---------------------------------------------------------------x

PETITION

Petitioner, through the undersigned counsel and before this

Honorable Court, states that:

1. Petitioner KELVIN MALECDAN, is of legal age, a Filipino

citizen, single and a resident of No. 426 Balsigan, Baguio City;

2. JOSEFINA MALECDAN, whom guardianship is prayed is an

11-year-old minor, and a resident of No. 423 Balsigan, Baguio
City, attached herewith is the photocopy of the minor’s birth
certificate and marked as Annex “A”;

3. Sometime in October 3, 2018, Ms. JENNY MALECDAN, the

mother of JOSEFINA MALECDAN was diagnosed with
ENDOMETRIAL CARCINOMA STAGE III-C CANCER and
hereby consents to the petition for guardianship over the
person of the above-named minor and for the issuance of the
corresponding letters of guardianship in favor of Mr. JOSE
MALECDAN;

4. The biological father of JOSEFINA MALECDAN is a Canadian

citizen living in Calgary, Canada with another family;

5. Ms. JENNY MALECDAN, the mother of minor JOSEFINA

MALECDAN, is the co-owner of a house located at No. 423
Balsigan, Baguio City, and likewise the owner of several shares
of stocks of SATARAH INCORPORATED, and due to her
unfortunate health condition wishes to transfer ownership over
the said properties to minor JOSEFINA MALECDAN, her
compulsory heir and be the subject of guardianship as well;
 6. The names, ages and residences of the relatives of the named
minor are the following:

Names Relationship Ages Residences

MARIO MALECDAN Uncle 30 La Union
HARIET KORAT Cousin 28 Cabanatuan City

7. Letters of guardianship over the person and properties are

prayed for by petitioner, who is the godfather of the minor, and
with whom the minor is entrusted every time the mother of the
minor is not capable of performing her obligations due to her
unfortunate health condition and considering the fact that the
father of minor is not residing in the Philippines, the latter being
a Canadian citizen and has his own family there.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court, that after due notice and hearing, the
petitioner be appointed guardian over the person and properties of
minor JOSEFINA MALECDAN and that corresponding letters of
guardianship be issued in his favor.

Such other reliefs and remedies which may be just and

equitable under the circumstances are likewise prayed for.

Respectfully submitted this 29th day of April 2019 at Baguio

City, Philippines.

ATTY MICHELLE C. FAUSTO

No. 143 Session Road, Baguio City
Tel. No. (074) 424-2681
E-mail: fausto.michelle@yahoo.com
Roll No. 348725 02-7-2014
PTR No. 12765; 1-03-2014; Baguio City
IBP Lifetime No. 953427; Baguio Benguet
MCLE Compliance No. 1234 2014
REPUBLIC OF THE PHILIPPINES)
CITY OF BAGUIO:::::::::::::::::::::::::::) S.S.
x----------------------------------------------x

VERIFICATION AND CERTIFICATION AGAINST FORUM

SHOPPING

I, JOSE MALECDAN, of legal age, single, Filipino Citizen and a

resident of No. 426 Balsigan, Baguio City, after having been duly
sworn to in accordance with law, do hereby depose and state:

1. That I am the petitioner in the above-entitled case;

2. That I personally caused the preparation of the foregoing

petition;

3. That I have read and understood the contents of the

foregoing petition and the allegations therein are true and
correct to the best of my personal knowledge and belief
based on authentic documents;

I FURTHER CERTIFY THAT:

a. I have not commenced any proceeding involving the

same issues before the Supreme Court, Court of Appeals,
or any other Government Agency or Tribunal;

b. To the best of my knowledge, no such action is pending

before the Supreme Court, Court of Appeals, or any other
Government Agency or Tribunal;

c. If there be any similar action before the Supreme Court,

Court of Appeals, or any other Government Agency or
Tribunal, I undertake to report the same within five (5)
days to the court where the original action and
certification referred to herein has been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 29th

day of April 2019 at Baguio City, Philippines.

JOSE MALECDAN
Affiant

SUBSCRIBED AND SWORN to before me in the City of

Baguio this 29th day of April 2019, by JOSE MALECDAN, who has
satisfactorily proven his identity to me through his Voter’s ID issued
by the COMELEC bearing his photograph and signature and with VIN
1123-06789J-F0974GJC10002-4, that he is the same person who
personally signed the foregoing document before me and
acknowledged that he executed the same.

WITNESS MY HAND AND SEAL this 29th day of April 2019

in Baguio City, Philippines.

ATTY. JEWEL ROSE B. TANG

Notary Public
No. 25 Harrison Road, Baguio City
Tel. No. (074) 424-2681
E-mail: tang.jewel rose@yahoo.com
Roll No. 675423 02-7-2014
PTR No. 17652; 1-03-2014; Baguio City
IBP Lifetime No. 9528365; Baguio Benguet
MCLE Compliance No. 1345 2014
Notarial Commission until Dec 30, 2016

Doc. No.: 01
Page no.: 01
Book no.: 01
Series of 2019.