16.

COMPLAINT-AFFIDAVIT
REPUBLIC OF THE PHILIPPINES)
CITY OF PARANAQUE)S.S.
COMPLAINT AFFIDAVIT
I, ANAIS RIVERA SANTOS, of legal age, Filipino, single and a resident of 12 Canada St., Barangay Don Bosco, Paranaque City, after having been
sworn to in accordance with law hereby depose and state:

1. That, I am accusing MR. DAVID SAN JUAN CRUZ a resident of 18 Egypt St., Barangay Don Bosco, Paranaque City for the crime of
THEFT.
2. That, on February 18, 2019, I was resting at our office’s lounge and eventually slept;
3. That on that same date, when I woke up, I realized that I had lost my IPhone Xs Max Gold 512gb, (herein after referred to as “Cellular
Phone”) phone which I had placed at the end-side portion of the double deck bed where I rested and slept;
4. As standard procedure, I verbally reported the incident to my team manager, and Operations Manager and they promised to look into it;
5. February 28, 2019, a friend of mine, MICHAEL BRYAN GRAVADOR noticed that our co-worker, DAVID SAN JUAN CRUZ had a new
phone which was very similar to the one I lost;
6. That on March 10, 2019 early in the morning, I confronted MRS. “JEN” CRUZ, the mother of respondent DAVID SAN JUAN CRUZ, who
was also a fellow co-worker about DAVID SAN JUAN CRUZ having possession of a stolen phone;
7. That on March 10, 2019 around 5:30am in the morning, DAVID SAN JUAN CRUZ went to our station and brought the phone in his
possession;
8. At this juncture, myself, MR. JAMES ARCIAGA, my team leader and DAVID SAN JUAN CRUZ examined the IMEI of the cellular phone to
check its identity and verify if its IMEIs matches my lost phone’s IMEIs which are all indicated in the (1) Warranty Receipt and (2) Product
Box in my possession;
9. Upon checking the phone’s IMEIs, we found out that it was a complete match;
IMEI1: 358096072063585
IMEI2: 358096072063593
10. When we asked DAVID SAN JUAN CRUZ why he stole my cellular phone, he denied stealing the same, and argued that he won the said
phone in a computer tournament, furthermore he refused to return the cellular phone to me;
11. Respondent DAVID SAN JUAN CRUZ, despite my objection, asked us to allow to him to get the box and show proof that he indeed won
the said cellular phone in a contest, however he never returned nor did he show proof of his rightful possession of my cellular phone;
12. Later on, he informed me that he had lost the cellular phone;
THEFT

Art. 308. Who are liable for theft. — Theft is committed by any person who, with intent to gain but without violence against or intimidation
of persons nor force upon things, shall take personal property of another without the latter’s consent.

Theft is likewise committed by:

Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
13. That attached hereto as Annexes to prove the elements of the crime of theft:
“A” – Warranty Receipt of the stolen phone indicating the name of the buyer and its respective IMEIs (International Mobile Equipment
Identity);

“B” – Sworn Affidavit of Team Leader JAMES ARCIAGA, to prove and attest that the IMEI of cellular phone in possession of DAVID SAN
JUAN CRUZ matches the IMEI of the cellular phone I bought;

“C” - Signed statement of JAMES ARCIAGA dated March 12, 2019;

“D” – Incident Report dated March 1, 2019 which I sent to our operations manager to report that a fellow co-worker saw DAVID SAN
JUAN CRUZ in possession of a cellular phone which was very similar to the one stolen from me;

“E”- Photographs of the stolen phone;

“F” – Photographs of the Product Box, indicating the IMEIs of my cellular phone, to prove the phones unique identity.

That I am executing this Complaint-Affidavit for the purpose of filing the complaint for THEFT against MR. DAVID SAN JUAN CRUZ.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April 2019, in Paranaque City, Philippines.
ANAIS RIVERA SANTOS
Complainant/Affiant
SUBSCRIBED AND SWORN TO before me this 15th day of April, 2019, in Paranaque City, Philippines, and hereby certify that I have
personally examined the Affiant and I am satisfied that he voluntarily executed and understood his complaint affidavit

Atty. Prose Cutor

Assistant City Prosecutor
17. INFORMATION
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PARANAQUE CITY
BRANCH 155
THE PEOPLE OF THE PHILIPPINES,
Complainant,
(INQ. NO.19-01234)
CRIMINAL CASE NO. 19-1234
-versus-
FOR: THEFT
DAVID SAN JUAN CRUZ,
Accused.
x---------------------------x
INFORMATION
The undersigned accuses DAVID SAN JUAN CRUZ of the crime of the THEFT, committed as follows:

That on or about May 18, 2019, at about 5:30 a.m./p.m., in the City of Paranaque, and within the jurisdiction of this Honorable Court, the said
accused, with intent to gain, did then and there willfully, unlawfully, and feloniously take, steal and carry away the following personal properties
belonging to one, ANAIS RIVERA SANTOS to wit: IPhone Xs Max Gold 512gb, without the latter's consent and against his will, with a total value of
P120,000 to the damage and prejudice of the said Cellular Phone in the cited amount.

CONTRARY TO LAW

Done this 3rd day of June 2019 at Paranaque City

Assistant City Prosecutor

Roll of Attorney No. 54321
IBP Lifetime Member No.012345
MCLE Compliance No. III-1234

APPROVED BY:

City Prosecutor
Roll of Attorneys No. 53214
IBP Lifetime Member No.012346
MCLE Compliance No. III-1235
BAIL BOND RECOMMENDED: Php 50,000
WITNESSES:
_____________________
_____________________

CERTIFICATION AS TO CONDUCT OF INQUEST

I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights, refused to waive the provisions
of Article 308 of the RPC and, for this reason, an Inquest was conducted; that based on the complaint and the evidence presented before me
without any countervailing evidence submitted by the accused, despite opportunity to do so, there is reasonable ground to believe that he has
committed the crime of THEFT and should, thus, be held for said crime; that this information was with the prior authority of the Provincial Prosecutor

Assistant City Prosecutor

Subscribed and sworn to before me, this 3rd day of June 2019 at Paranaque City.

City Prosecutor
18. MOTION TO REDUCE BAIL
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
PARANAQUE CITY
BRANCH 155
THE PEOPLE OF THE PHILIPPINES,
Complainant,
(INQ. NO.19-01234)
CRIMINAL CASE NO. 19-1234
-versus-
FOR: THEFT
DAVID SAN JUAN CRUZ,
Accused.
x---------------------------x
MOTION TO REDUCE BAIL
UNTO THIS HONORABLE COURT, Accused, through counsel, most respectfully aver:

1. That Accused is presently detained at Police Station, Paranaque City, pending the hearing of this case, and that this case has been raffled to this
sala;
2. That the Resolution of the Honorable Office of the City Prosecutor has fixed the bail of the accused at P50,000.00;
3. That the recommended bail for the offense of Theft is P38,000, in accordance with the 2000 Bail Bond Guide of the Department of Justice
National Prosecution Service;
4. That the accused is a poor fellow of very limited means such that it is impossible for him to pay the full amount of his bond and is therefore
constrained to request for a reduction of the amount of bail;
5. That the bail recommended is tantamount to the denial of bail. Where the right to bail exists, it should not be rendered nugatory by requiring a
sum that is so excessive.
6. That the accused appeals to the mercy and compassion of this Honorable Court and respectfully requests that his bail be reduced to
P10,000.
7. That accused is a good member of the community, and a resident of Paranaque City, and the probability of flight is nil;
8. That accused has not been previously convicted of any crime and has no pending case in any judicial or quasi-judicial body in the
Philippines.
9. That accused will undertake to be present when this case is called in Court.
PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that the Honorable Court will allow accused to post bail in the amount of P
10,000.00 for his provisional liberty during the pendency of this case.

Other relief just and equitable are likewise prayed for.

Paranaque City, Philippines, June 10, 2019

ATTY. VICTOR LAWSON
NOTICE OF HEARING

THE BRANCH CLERK OF COURT

RTC - Branch 155
Paranaque City

Greetings!

Please submit the foregoing motion to the Honorable Court on June 11, 2019 at 8:30 in the morning for its favorable consideration and approval.
Atty. Victor Lawson
Copy furnished by personal service:

PROSECUTOR Edwin Cutor

Office of the City Prosecutor, Paranaque City

Atty. Rose Tor

Private Prosecutor
2233 Dr. A. Santos Avenue, Brgy. San Dionisio, Paranaque City
19. AFFIDAVIT OF DESISTANCE
REPUBLIC OF THE PHILIPPINES)
CITY OF PARANAQUE)S.S.
AFFIDAVIT OF DESISTANCE
I, ANAIS RIVERA SANTOS, of legal age, Filipino, single, and a resident of 12 Canada St., Barangay Don Bosco, Paranaque City, after having been
sworn to in accordance with law hereby depose and state:

1. I am the private complainant in a criminal case for violation of THEFT against DAVID SAN JUAN CRUZ docketed as Criminal Case No. 19-1234
pending before the Regional Trial Court of Paranaque City, Branch 155;

2. That I found out that the said accused at the time of the incident was not in his right mind and did not know that what he was doing was wrongful
and criminal considering that he was suffering from Schizophrenia, Paranoid Type in acute exacerbation as certified to by Dr. Matthew Yu of
Paranaque Doctors Hospital;

3. That the items taken by the accused, consisting of IPhone Xs Max Gold 512gb were immediately recovered from him and their values had been
voluntarily reimbursed by the relatives of the said Accused;

4. That In view of the foregoing, I finally manifest that I now completely and absolutely exonerate the accused DAVID SAN JUAN CRUZ from any
liability in connection with the above-mentioned criminal case and that I am no longer interested, and I hereby desist, in prosecuting the said
criminal case;

5. That this Affidavit of Desistance should, however, not be understood as a waiver or relinquishment of any of my property rights to pursue any
legal action that I may file in connection with any act or omission that the accused may commit in the future;

6. I fully understand the legal consequences of this Affidavit of Desistance;

7. I am executing this affidavit to attest to the truth of the foregoing statements and respectfully pray that the aforementioned case against DAVID
SAN JUAN CRUZ be withdrawn and/or dismissed and the bond posted by the herein accused be released to him.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of July 2019, in Paranaque City, Philippines.
ANAIS RIVERA SANTOS
PRIVATE COMPLAINANT
Assisted by:

Atty. Rose Tor

Private Prosecutor
SUBSCRIBED AND SWORN TO before me this16th day of July 2019 in Paranaque City, Philippines, affiant exhibiting to me her Driver’s
License No. N05-19-01234 issued at Land Transportation Office issued on May 12, 2018 as her valid proof of identification.

NOTARY PUBLIC
Doc. No.____;
Page No. ___;
Book No. ___;
Series of 2019.
20. SPECIAL POWER OF ATTORNEY - Ordinary
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:

I, David R. Cruz, of legal age, single/married, Filipino, with residence at 15 Dr. A Santos Avenue, San Dionisio, Paranaque City do hereby
appoint, name and constitute John R. Cruz, likewise of legal age, singe/married, with residence at 12 David St., Barangay V, Daet, Camarines
Norte to be my true and lawful attorney in-fact to act, for and in my stead, to do and perform the following acts deeds and things, to wit:

1. To sell, assign and dispose of a parcel of land covered by TCT No. T-12345, situated at Labo, Camarines Norte including the improvements
thereon under such terms and conditions acceptable to my Attorney-in-Fact;

2. To sign, execute and deliver the necessary Deed of Sale covering such sale including any and all documents that may be necessary or required
thereto and to deliver possession of the property to said vendee;

3. To receive the proceeds of the sale, either in cash or in check and to pay expenses for capital gains, real property tax and any and all such
expenses that may be agreed upon between the vendee;

4. To do such any other act or thing that may be required necessary or incidental to carry out effectively any and all of the purposes for which this
authority is hereby given;

HEREBY GIVING AND GRANTING unto my said attorney-in-fact full power and authority to do and perform any and every act, and thing
whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could lawfully do if
personally present and hereby ratifying and confirming all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of these
presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July 2019, in Paranaque City, Philippines.

_______________
DAVID R. CRUZ
PRINCIPAL

Conforme:

_____________
JOHN R. CRUZ
Attorney-in-fact

SIGNED IN THE PRESENCE OF:

____________
TESS TIGO
____________
WITT NESS

Republic of the Philippines)

City of Paranaque ) S.S.
ACKNOWLEDGMENT

BEFORE ME, a Notary Public, for and in Quezon City, this 17th day of July, 2019 personally appeared:

Name Identification Card Issued On/At

DAVID R. SMITH DL No. N-09-15-12243 5/24/2018

JOHN R. SMITH DL No. N-09-15-89809 6/03/2018

all known to me to be the same persons who executed the foregoing instrument consisting of ____ pages, including this page on which this
acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first written above.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.
21. SPECIAL POWER OF ATTORNEY - to appear in court
SPECIAL POWER OF ATTORNEY
KNOWN ALL MEN BY THESE PRESENTS

I, DAVID R. CRUZ, of legal age, Filipino, single, and with postal address at Unit 2904-C West Tower PSE Centre, Exchange Road, Ortigas,
Pasig City, by virtue of these presents, do hereby constitute, nominate and appoint any of the lawyers of SANTIAGO LAW OFFICE, to be our true
and lawful attorney-in-fact, to appear for me and on my behalf and/or represent me at the Pre-trial Conference, and all other proceedings in the
case entitled “People of the Philippines vs. DAVID R. CRUZ.” which is pending before the Sandiganbayan, Fifth Division, Quezon City, with dockets
Crim. Case Nos. SB-16-CRM-0312, 0313, 0314 and 0315, with full and special power to do and perform any of the following:

1. To negotiate, conclude, enter into and execute a compromise or amicable settlement of the case under such terms and conditions as my
attorney-in-fact may deem just and reasonable;

2. To agree on the simplification of the issues;

3. To amend the pleadings;

4. To obtain stipulations or admission of facts and of documents to avoid unnecessary proof;

5. To limit the number of witnesses;

6. To do and agree on such other matters as may aid in the prompt disposition of the action.

HEREBY GIVING AND GRANTING unto said attorney-in-fact full powers and authority to do and perform every acts and things of
whatever requisite and necessary to be done in and about the premises, and hereby ratifying and confirming all that its said attorney-in-fact shall do
or cause to be done under and by virtue of these presents.
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July 2019, in Paranaque City, Philippines.

_______________
DAVID R. CRUZ
PRINCIPAL

Conforme:

_____________
JOHN R. SANTIAGO
Attorney-in-fact

SIGNED IN THE PRESENCE OF:

____________
TESS TIGO
____________
WITT NESS

Republic of the Philippines)

City of Paranaque ) S.S.
ACKNOWLEDGMENT

BEFORE ME, a Notary Public, for and in Quezon City, this 17th day of July, 2019 personally appeared:

Name Identification Card Issued On/At

DAVID R. SMITH DL No. N-09-15-12243 5/24/2018

JOHN R. SMITH DL No. N-09-15-89809 6/03/2018

all known to me to be the same persons who executed the foregoing instrument consisting of ____ pages, including this page on which this
acknowledgment is written, and who acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL on the date and at the place first written above.

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.
22. VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING
Republic of the Philippines)
City of Paranaque ) S.S.
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPPING
I DAVID R. CRUZ, of legal age, Filipino, single, and a resident of 12 Canada St., Better Living Subdivision, Paranaque City, after having
been duly sworn to in accordance with law, hereby, depose and say:

1. That I am the Petitioner in the above-entitled case and have caused this Petition to be prepared; that I read and understood its contents which
are true and correct of my own personal knowledge and/or based on authentic records.

2. That I have not commenced any action of proceeding involving the same issue in the Supreme Court, the Court of Appeals or any other tribunal
or agency; that to the best of my knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or
agency, and that, if I should learn thereafter that a similar action or proceeding has been filed or is pending before these courts of tribunal or
agency, I undertake to report that the fact to the Court within five (5) days therefrom.
IN WITNESS WHEREOF, we have hereunto set my hand this 17th day of July 2019, in Paranaque City, Philippines.

______________
DAVID R. CRUZ
AFFIANT

SUBSCRIBED AND SWORN to before me, in this City of Paranaque this 17th day of July, 2019, the affiant exhibiting his Driver’s
License No. N-09-15-82927 issued by the Land Transportation Office on June 12, 2018.
.
NOTARY PUBLIC

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.
22. PETITION FOR ADOPTION
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 155
PARANAQUE CITY

IN RE: IN THE MATTER OF ADOPTION OF

MINOR CARLOS ROXAS AND CHANGE OF
NAME TO CLIFFORD CRUZ

SPECIAL PROCEEDING NO. 8988

SPS. DAVID R. CRUZ and JOAN E. CRUZ,

Petitioners.
x----------------------------x
PETITION
COMES, NOW, THE PETITIONERS, thru their counsel, and unto this Honorable Court, most respectfully allege the following, to wit:

1. That petitioners are both of legal age, Filipinos, married to each other, and residents of 12 Canada St., Better Living Subdivision, Paranaque City;
2. That they desire to adopt the minor child named Carlos Roxas, who is male, three years of age, Filipino, and likewise residing at 12 Canada St.,
Better Living Subdivision, Paranaque City ;
3. That herein subject minor, was born at Paranaque Doctors Hospital on December 5, 2015 to AMELITA ROXAS, unmarried, which proof of birth
was duly registered in the Register of Births of the Office of the Civil Registrar of Paranaque City, for which a Certificate of Live Birth was issued. A
machine copy of it is herewith attached as Annex “A”;
4. That the minor child was admitted to the proper care and custody of the Department of Social Welfare and Development (DSWD for brevity) by
his biological mother together with referring social worker, JENNIFER LIM of DWSD-Crisis Intervention Unit located in San Dionisio, Paranaque City
on December 8, 2015. Subject child was referred to their office by the Medical Social Worker of Paranaque Doctors Hospital (PDH for brevity) after
being initially assessed that the mother cannot support the child with all his needs due to economic and health reasons;
5. That CARLOS was only 2 days old when he was brought for admission at the center. He was born through normal delivery and assisted by DR.
PIA CAYETANO, Medical Officer III of Paranaque Doctors Hospital;
6. That during the interview of the child’s mother, it was found that the subject child’s mother worked as a Guest Relation Officer (GRO) in Fantacy
KTV bar along Makati Ave., Makati City, and his father could not be identified. No further details regarding his family background was established
due to the mother’s inconsistent answers to the questions. Moreover, the referring social worker, MS. JENNIFER LIM worked out to submit child’s
mother for assessment by psychiatrist but the mother refused as she insisted to be mentally stable and healthy. Per collateral review on the given
address, it was found that the mother has several men whom she does not want to identify. She has no relative living in the city.
7. That during the child’s admission in the center, the mother, was informed of the placement status of the child and the center’s programs and
services. She was also advised to come and visit her son to determine her readiness to assume the role of parenting. Unfortunately, the mother
failed to fulfill such agreement. In fact, it was her first and last visit to her child has been deprived of the love, care and attention from his biological
mother since he was two (2) days old up to the present;
8. That as per Child Study report, the DSWD has evaluated and recommended that the minor child can be legally adopted to spouses DAVID R.
CRUZ and JOAN R. CRUZ for the child’s best interest and welfare. A copy of said DSWD Child Study Report is herein attached as Annex “B”;
9. THAT, MOREOVER, Petitioner is qualified to adopt the minor child above-named under Articles 183-186 of the Family Code of the Philippines,
as amended by the provisions of Republic Act No. 9552, the Domestic Adoption of 1998;
10. That, in addition, the adoptive applicants have been married since June 16, 2010 but they remain childless. The spouses decided to foster a
child to whom they can give their love, care and affection. On January 10, 2017, Carlos Roxas from the Child Reception and Study Center for
Children at San Dionisio, this city, was placed under their custody as foster child. Attached herewith is a copy of the spouses’ Marriage Contract as
Annex “C”;
11. That the DSWD in fact made a Child Study Report on the case of the subject minor child and in that study report i.e. social diagnosis the minor
deprived of parental love and care. They maintained that it was the present custodian, who unselfishly provided them love and the best
opportunities to make the child fully accepted and loved by the family resulting to a positive parent-child relationship;
12. That, on September 30, 2018, the subject minor was formally matched to Spouses DAVID and JOAN CRUZ. Last October 15, 2018, the
corresponding AFFIDAVIT OF CONSENT TO ADOPTION by DSWD was issued and herein attached and form part of the petition as Annex “D”;
13. That herein petitioners has the capability and ability to extend to said minor the kind of financial support that a parent can give to his child.
DAVID CRUZ is an Accounts Officer in the Land Bank of the Philippines while the wife JOAN is a pre-school teacher at Ateneo de Manila University
Grade School. Attached hereto are the employment identification cards of petitioners as Annex “E” and “E-1”;
9. That it is for the best interest of said minor if they would be considered as child of herein petitioners because his financial, spiritual, and emotional
needs would be taken care of and his future would be safeguarded. In fact, the couple owns a house located a safe neighborhood in Paranaque.
They also hired a nanny to take care of the subject minor while they are at work. Moreover, the mother of David lives with the spouses who loves
the child as much as the spouses. With that, the DSWD, in its Home Study Report, has strongly evaluated and recommended that the Honorable
Court approve the adoption of minor Carlos Roxas to Spouse David and Joan Cruz. A copy of the Home Study Report is herein attached as Annex
“F”;
10. That the spouses are of good character, has no derogatory record whatsoever can be attributed to them, are emotionally and psychologically
capable of caring for the child, are more than sixteen (16) years older that the subject minor sought to be adopted, are in position to support and
care said child in keeping with the means of the family. Attached herewith are copies of their Police clearances as statements as Annexes “G” and
“G-1”;
11. That, at present, the subject minor is now three (3) years old and has been with the petitioners for two (2) years now. He has adjusted well in
the atmosphere and environment of his foster family. He is observed to be an active, healthy, sociable and affectionate child. Generally speaking,
his total growth and development is within the normal level which could be attributed to the positive, alternative, and stimulating activities given by
the foster family.
12. That the minor sought to be adopted does not own any real, personal, tangible and intangible property; and
13. That this adoption is for the best interest and security of the said minor if he would be considered as true and legal child of herein petitioners
and it will make his life normal, productive, and good persons in the community;
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable Court to grant this petition of Spouses David and Joan
Cruz for the adoption of Carlos Roxas and for the change of the child’s name to Clifford E. Cruz.

Such other reliefs which the Honorable Court may deem just and equitable under the premises are likewise prayed for.

RESPECTFULLY SUBMITTED.

City of Paranaque, Philippines, July 17, 2019.


(Republic of the Philippines)
(City of Paranaque
X- - - - - - - - - - - - - - - - - - - - - - - )
VICTOR R. LAWSON
Counsel for the Petitioners
Dr. A. Santos Avenue, San Dionisio
Paranaque City
ROLL NO. 87243 5-16-16
IBP NO. 896078 1-04-19
PTR No. 0927888 1-04-19
) S.S.

VERIFICATION AND CERITIFICATION

We, Spouses DAVID R. CRUZ and JOAN E. CRUZ, both of legal age, Filipino citizens, and residents of 12 Canada St., Better Living
Subdivision, Paranaque City, under oath, depose and state:

1. That we are the Petitioners in the above-mentioned case;

2. That we have caused the preparation of this Petition;
3. That we have read and understood its contents and affirm that they are true and correct to our personal knowledge and based on authentic
records; and,
4. That we hereby certify that there is no other case or special proceeding commenced or pending before any court involving the same parties and
the same issue and that should we learn of such a case or special proceeding, we shall notify the court within five (5) days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on the 17th day of July 2019, in the City of Paranaque, Philippines.

DAVID R. CRUZ JOAN E. CRUZ

Affiant Affiant

SUBSCRIBED AND SWORN to before me, in this City of Paranaque this 17th day of July, 2019, the affiant exhibiting his Driver’s License
No. N-09-15-82927 issued by the Land Transportation Office on June 12, 2018.

Notary Public

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.
23. JUDICIAL AFFIDAVIT OF ADOPTER IN A PETITION FOR ADOPTION
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 155
PARANAQUE CITY

IN RE: IN THE MATTER OF ADOPTION OF

MINOR CARLOS ROXAS AND CHANGE OF
NAME TO CLIFFORD CRUZ

SPECIAL PROCEEDING NO. 8987

DAVIDA R. CRUZ,
Petitioner.
x----------------------------x
JUDICIAL AFFIDAVITOF DAVIDA R. CRUZ
I, Davida R. Cruz, of legal age, single, and resident of 12 Canada St., Better Living Subdivision, Paranaque City, petitioner in this case, state under
oath as follows:
PRELIMINARY STATEMENT

The person examining me is Atty. Victor R. Lawson with address at 12 Dr. A Santos Avenue, San Dionisio, Paranaque City. The examination is
being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false
testimony and perjury.

This Judicial Affidavit of Petitioner Davida R. Cruz is executed to serve as her direct testimony in the instant case. This judicial affidavit is offered to
prove the following:

(1) Petitioner Davida R. Cruz has all the qualifications and all the requirements to adopt Carlos Roxas, a minor; and
(2) Minor Carlos Roxas may be adopted as provided by law.

It is respectfully prayed that the Honorable Tribunal admit this Judicial Affidavit of Davida R. Cruz as the Direct Examination of the
petitioner in order to expedite the proceedings.

QUESTIONS were propounded by petitioner’s counsel, Atty. Victor R. Lawson, in English, which the petitioner fully understands, while ANSWERS
were given/made by petitioner Davida R. Cruz in English/Tagalog and the corresponding translation of her answer is provided after each question.

1) Question (Q): Please state your name and other personal circumstances for the record.
Answer (A): I am Davida R. Cruz, 35 years old, a resident of 12 Canada St., Better Living Subdivision, Paranaque City, single and a
businesswoman. I am a Filipino citizen.

2) Q: What is your business?

A: I have a plastic factory in Paranaque City and a dormitory in Tondo, Manila.

3) Q: Do you have any proof that you really own a factory and a dormitory?
A: Yes, sir! I have all the pertinent documents (Exhibit “A”).

4) Q: Are you the same Davida R. Cruz, the petitioner in this case?
A: Yes, sir!

5) Q: Have you been convicted of any crime?

A: No, sir!

6) Q: Do you have a child?

A: None!

7) Q: Have you undergone pre-adoption services?

A: Yes, sir!

8) Q: Do you have any proof that you really have undergone pre-adoption services?
A: Yes, sir (Exhibit “B”).

9) Q: Do you think you are in a good position to provide for all the needs of the child you want to adopt, to support, educate and care for the
child to be adopted?
A: Yes, sir!

10) Q: Why or how?

A: As a businesswoman, I earn more than three hundred seventy five thousand pesos (₱375,000.00) a month. That is a net, not gross.

11) Q: Why do you want to adopt a child?

A: Because I am single and I cannot have a fetus in my womb since I am not in a romantic relationship. Still, I want to become a mother,
a real and genuine mother. I want to love a child and be loved by my child.

12) Q: Who is the child that you want to adopt? State her other personal circumstances for the record.
A: His name is Carlos Roxas, four years old and she is currently under the care of CHILDREN’S SHELTER OF CEBU. Her biological
parents are both Filipinos and both residents of Cebu.

13) Q: When, how and when did you meet Carlos Roxas?
A: I met her last year, August 29th, 2018, when I and my cousins had vacation in Cebu from August 18th, 2018 to September 5th, 2018.
One of my cousins asked us to go with her in CHILDREN’S SHELTER OF CEBU. My cousin was at the fence of deciding to adopt a child. There, I
saw Carlos Roxas and was introduced to her by one of the staffs of CHILDREN’S SHELTER OF CEBU.
14) Q: Why is she in CHILDREN’S SHELTER OF CEBU? Where are her parents?
A: According to one of the staffs of CHILDREN’S SHELTER OF CEBU who introduced me to Carlos Roxas whose name I cannot
remember. He was brought into CHILDREN’S SHELTER OF CEBU by his biological parents because his biological parents could not afford to raise
her and give or provide her needs as they only do laundry for the others for their living and her father could not find a good and stable job because
of his serious illness which I do not know. Thus, they decided to bring Carlos Roxas into CHILDREN’S SHELTER OF CEBU.

15) Q: Have you met her biological parents?

A: Not yet!

16) Q: Do you have any idea if she is available for adoption?

A: Yes! He has been declared, judicially, available for adoption (Exhibit “C”).

17) Q: What is the age of Carlos Roxas again?

A: Four years old.

18) Q: How did you know?

A: I asked the staff who introduced me to her and I also asked her. The said staff also showed me the Certificate of Live Birth of Carlos
Roxas (Exhibit “D”).

19) Q: Do you have documents necessary to adopt a child?

A: Yes, sir! I have (Exhibits “C”, “C-1” to “C-8”).
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July 2019 in the City of Paranaque, Philippines.

Davida R. Cruz
Affiant
SUBSCRIBED AND SWORN to before me, in this City of Paranaque this 17th day of July, 2019, the affiant exhibiting his Driver’s
License No. N-09-15-82927 issued by the Land Transportation Office on June 12, 2018.

Copy furnished:

THE CLERK OF COURT

RTC BRANCH 155
Paranaque City
ATTESTATION

I, Atty. Victor R. Lawson, of legal age, single and a resident of 12 Dr. A. Santos Avenue, Brgy. San Dionisio, Paranaque City, after having
been duly sworn to in accordance with law, hereby depose and state that:

1) I am the counsel of DAVID R. CRUZ in Case No. 8987;

2) I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that the witness gave for her Judicial
Affidavit; and
3) Neither I nor any other person then present or assisting her coached the affiant regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July 2019 in the City of Paranaque, Philippines

ATTY. VICRTOR R. LAWSON

Affiant

SUBSCRIBED AND SWORN to before me, in this City of Paranaque this 17th day of July, 2019, the affiant exhibiting his Driver’s License
No. N-09-15-82927 issued by the Land Transportation Office on June 12, 2018.

Notary Public

Doc. No. ____

Page No. ____
Book No. ____
Series of 2019.