Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 144, Makati City

IN THE MATTER OF THE

PETITION FOR THE ADOPTION
OF _______________________.

SP. PROC. NO. _______

_____________________,
Petitioner,

______________________,
Oppositor.
x -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- x

MANIFESTATION WITH
FORMAL OFFER OF EVIDENCE

PETITIONER, through counsel unto this Honorable Court, most

respectfully submits, his Formal Offer of Evidence, and in support thereof,

most respectfully states, that:

1. During the hearing of the instant case on 14 February 2011,

Petitioner manifested before the former presiding judge of this Honorable

Court that there has been overlapping of markings (several documents

having the same markings) with respect to some of the documentary

exhibits for the Petitioner.

2. The overlapping of markings was brought about by the fact

that the hearing scheduled on 23 August 2010 was cancelled on account

of the unavailability of certain documents. However, before the

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aforementioned hearing was cancelled certain documents were marked

which eventually led to the overlapping of markings.

3. Upon motion of the Petitioner, the former presiding judge

considered and adopted the markings of said documents as appearing in

the Pre-Trial Brief, which contains the proper markings thereon, previously

filed by the Petitioner. Concomitantly, the former presiding judge stated

that the corresponding adjustments on the documents themselves will be

made in due course.1

4. Subsequently, during the hearing on 21 February 2012,

Petitioner manifested the aforementioned factual milieu to this Honorable

Court inasmuch as Petitioner will already file his Formal Offer of Evidence.

5. Be that as it may, this Honorable Court directed the Petitioner

to just include a manifestation to this effect in the Formal Offer of

Evidence to be submitted by the Petitioner for proper consideration.

6. In view of the foregoing, the following are the documentary

exhibits, with proper designation of markings (as appearing in the pre-Trial

Brief of the Petitioner) and as previously adopted by this Honorable Court,

which the Petitioner presented, identified and marked during the course of

the proceedings, to wit:

Exhibit Description Purpose

“A” Order of publication issued by To prove that the instant

this Honorable Court dated 11 Petition for Adoption is
May 2010, directing the within the jurisdiction and
Petitioner to publish the Order ambit of this Honorable
giving due course to the Court..
Petition for at least once a
week for three consecutive
1
Please refer to pp. 4-5 of the Transcript of Stenographic Notes (TSN) dated 14 February 2011.
 3

weeks in a newspaper of
general circulation prior to the
initial hearing (Original marked
exhibit with Court)..

“B- Petition for Adoption docketed To prove the factual milieu

Series” as SP. PROC. NO. _____ obtaining in the instant
(Original marked exhibit with case, as specified therein,
Court).. and that the instant Petition
for Adoption is within the
jurisdiction and ambit of this
Honorable Court and other
related matters..

“B-6” Verification and Certification of To prove compliance with

the Petitioner, dated 09 March the requirements of the
2010 (Original marked exhibit law..
with Court)..

Signature of the
“B-6-a” Affiant/Petitioner (Original
marked exhibit with Court).. To prove the truthfulness of
the declaration contained in
the Petition with respect to
the foregoing and other
related matters..

“C” Compliance with the Order of To prove compliance with

this Honorable Court for the the Order of this Honorable
Petitioner to submit copies of Court and that the instant
proof of receipt by the Office Petition for Adoption is
of the Solicitor General and within the jurisdiction and
the City Prosecutor’s Office of ambit of this Honorable
Makati of the petition dated 17 Court..
May 2010, copy furnished to
the Office of the Solicitor
General and Office of the City
Prosecutor (Original marked
exhibit with Court)..

Stamp receipt of the Office of

“C-1-a” the Solicitor General dated 17 To prove compliance with
May 2010 (Original marked the Order of this Honorable
exhibit with Court).. Court and that the instant
Petition for Adoption is
within the jurisdiction and
ambit of this Honorable
Stamp receipt of the City Court..
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Prosecutor’s Office of Makati

“C-1-b” dated 17 May 2010 (Original To prove compliance with
marked exhibit with Court).. the Order of this Honorable
Court and that the instant
Petition for Adoption is
within the jurisdiction and
ambit of this Honorable
Court..

“D” Affidavit of Publication To prove that the instant

Classifinder Manager of the Petition for Adoption is
Philippine Star, Inc. dated 17 within the jurisdiction and
June 2010 (Original marked ambit of this Honorable
exhibit with Court).. Court..

Signature (Original marked

exhibit with Court)..
“D-1” To prove the truthfulness of
the declaration contained in
the Affidavit of Publication
with respect to the
foregoing and other related
matters.

“E” 03 June 2010 issue of The To prove compliance with

Philippine Star (Vol. XXIV, No. the Order of Publication
309), where the Order of this issued by this Honorable
Honorable Court giving due Court and that the instant
course to the instant Petition Petition for Adoption is
was published (Original within the jurisdiction and
marked exhibit with Court). ambit of this Honorable
Court.
Page B-11 of the 03 June 2010
“E-1” issue of The Philippine Star, To prove compliance with
where the 11 May 2010 Order the Order of Publication
of this Honorable Court was issued by this Honorable
published (Original with Court and that the instant
Court). Petition for Adoption is
within the jurisdiction and
ambit of this Honorable
Published Order dated 11 May Court.
2010, giving due course to the
“E-1-a” Petition (Original marked To prove compliance with
exhibit with Court). the Order of Publication
issued by this Honorable
Court and that the instant
Petition for Adoption is
indeed within the jurisdiction
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and ambit of this Honorable

Court.

“F” 10 June 2010 issue of The To prove compliance with

Philippine Star (Vol. XXIV, No. the Order of Publication
316), where the Order of this issued by this Honorable
Honorable Court giving due Court and that the instant
course to the instant Petition Petition for Adoption is
was published (Original indeed within the jurisdiction
marked exhibit with Court). and ambit of this Honorable
Court.
Pages B-12 and B-13 of the 10
“F-1” to June 2010 issue of The To prove compliance with
“F-2” Philippine Star, where the 11 the Order of Publication
May 2010 Order of this issued by this Honorable
Honorable Court was Court and that the instant
published (Original marked Petition for Adoption is
exhibit with Court). indeed within the jurisdiction
and ambit of this Honorable
Published Order dated 11 May Court.
2010, giving due course to the
“F-1-a” Petition (Original marked To prove compliance with
exhibit with Court). the Order of Publication
issued by this Honorable
Court and that the instant
Petition for Adoption is
indeed within the jurisdiction
and ambit of this Honorable
Court.

“G” 17 June 2010 issue of The To prove compliance with

Philippine Star (Vol. XXIV, No. the Order of Publication
323), where the Order of this issued by this Honorable
Honorable Court giving due Court and that the instant
course to the instant Petition Petition for Adoption is
was published (Original indeed within the jurisdiction
marked exhibit with Court). and ambit of this Honorable
Court.
Pages B-16 and B-17 of the 17
“G-1” to June 2010 issue of The To prove compliance with
“G-2” Philippine Star, where the 11 the Order of Publication
May 2010 Order of this issued by this Honorable
Honorable Court was Court and that the instant
published (Original marked Petition for Adoption is
exhibit with Court). indeed within the jurisdiction
and ambit of this Honorable
Published Order dated 11 May Court.
2010, giving due course to the
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“G-1-a” Petition (Original marked To prove compliance with

exhibit with Court).
the Order of Publication
issued by this Honorable
Court and that the instant
Petition for Adoption is
indeed within the jurisdiction
and ambit of this Honorable
Court.

“H” Barangay Certification as to To prove that the instant

residency issued to the Petition for Adoption is
Petitioner (Original marked indeed within the jurisdiction
exhibit with Court). and ambit of this Honorable
Court.

“H-1” Signature, Barangay Captain To prove the truthfulness of

of Brgy. Guadalupe Viejo the declaration contained in
(Original marked exhibit with the Barangay Certification
Court). with respect to the
foregoing and other related
matters.

“I” National Statistics Office To prove that she is the

Certified Copy of the Adoptee’s biological mother of the
Birth Certificate (Original Adoptee and such other
marked exhibit with Court). matters incidental thereto.

Name of the Biological Mother To prove that she is the

“I-1” of the Child Adoptee (Original biological mother of the
marked exhibit with Court). Adoptee and such other
matters incidental thereto.

“J” Certified Copy of the 26 To prove that the marriage

August 2005 Decision of the
Regional Trial Court of Quezon
City, (Original marked exhibit
with Court).
Page nineteen (19), paragraph
“J-1” three (3) of the 26 August
2005 Decision of the Regional
Trial Court of Quezon City
(Original marked exhibit with
Court).
of she with the Oppositor
was declared void due to the
psychological incapacity of
the latter and other relevant
matters.
To prove that the
Temporary Protection Order
issued against the Oppositor
dated 09 May 2003 was
already made permanent by
the Court.

“K” Temporary Protection Order To prove its existence and

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dated 09 May 2003 issued by the surrounding

the Regional Trial Court of circumstances in the
Quezon City, (Original marked issuance thereof and other
exhibit with Court). relevant matters.

“L” National Statistics Office To prove that Petitioner and

Certified Copy of the Marriage wife was legally married and
Certificate of Petitioner and such other matters
wife (Original marked exhibit incidental thereto.
with Court).

“M” Affidavit of Consent executed To prove that the biological

by mother dated 09 March mother of the Adoptee
2010 (Original marked exhibit expressed her consent and
with Court). willingness for the adoption
by the Petitioner of the
Adoptee.
Signature of mother on the
“M-1” Affidavit of Consent dated 09 To prove the due execution
March 2010 (Original marked and authenticity of the
exhibit with Court). aforementioned document
by the biological mother of
the Adoptee.

“N” Affidavit of Consent executed To prove that the Adoptee

by the Adoptee dated 09 signified her conformity with
March 2010 (Original marked her adoption by the
exhibit with Court). Petitioner.

“N-1” Signature of the Adoptee on To prove the due execution

the Affidavit of Consent dated and authenticity of the
09 March 2010 (Original aforementioned document
marked exhibit with Court). by the Adoptee.

Signature of the Adoptee’s

“N-2” biological mother, on the To prove the due execution
Affidavit of Consent dated 09 and authenticity of the
March 2010 (Original marked aforementioned document.
exhibit with Court).

“O” Certificate issued by the To prove that Spouses were

Department of Social Welfare counseled by the DSWD-
 8

and Development (DSWD) NCR, Adoption and Referral

dated 12 March 2010, signed Unit relative to the Petition
by (Social Welfare Officer) and for Adoption filed by the
noted by Ms. Marisa O. Ballon Petitioner.
(Social Welfare Officer II,
Adoption Resource and
Referral Unit) (Original marked
exhibit with Court).
To prove the due execution
Signature of (Original marked and authenticity of the
“O-1” exhibit with Court). aforementioned Certificate.

Signature (Original marked To prove the due execution

exhibit with Court). and authenticity of the
“O-2” aforementioned Certificate.

“P- Position Paper dated 20 April To prove that the consent of

Series” 2010 re: Abandonment as the Adoptee’s biological
ordered by this Honorable father is no longer necessary
Court (Original marked exhibit considering the factual
with Court). milieu of the instant case.

“Q” Child and Home Study Report To prove that the

dated 11 January 2012 by the
Court Social Worker (Original
marked exhibit with Court).
requirement of law as to the
child and home study to be
conducted by DSWD was
complied with in the instant
case; to prove and support
the material allegations in
the Petition; and to prove
other relevant matters.

To prove that the Petitioner

is psychologically, physically
and financially prepared to
Paragraph 2, page 10 of the parent the Adoptee.
“Q-1” Child and Home Study Report
dated 11 January 2012
(Original marked exhibit with
Court). To prove the due execution
and authenticity of the
Signature of the Court Social aforementioned Report.
Worker (Original marked
“Q-2” exhibit with Court).
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“R” Judicial Affidavit of the To prove and support the

Petitioner dated 08 February material allegations
2011 (Original marked exhibit contained in the Petition;
with Court). and to be regarded as part
of Petitioner’s direct
testimony in Court.
To prove the due execution
and authenticity of the
“R-1” Signature of the Petitioner in aforementioned Judicial
his Judicial Affidavit dated 08 Affidavit.
February 2011 (Original
marked exhibit with Court).

“S” Annual Income Tax Return for To prove that Petitioner is

the year 2009 of the Petitioner financially capable/prepared
(Original marked exhibit to parent/support the
attached). Adoptee and other relevant
matters.

“T” Certification dated 17 June To prove that Petitioner is

2010 issued by BS financially capable/prepared
Investigation & Security to parent/support the
Agency, Inc. (Original marked Adoptee and other relevant
exhibit attached). matters; tto prove that
Petitioner is financially stable
to parent/support the
Adoptee; and to prove other
relevant matters.

“U” Certification dated 16 June To prove that Petitioner is

2010 issued by United Valiant financially capable/prepared
Group Security Services, Inc. to parent/support the
(Original marked exhibit Adoptee and other relevant
attached). matters; to prove that
Petitioner is financially stable
to parent/support the
Adoptee; and to prove other
relevant matters.

“V” Judicial Affidavit of wife dated To prove and support the

10 September 2011 (Original material allegations
marked exhibit with Court). contained in the Petition;
and to be regarded as part
of her direct testimony in
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Court.

Signature in her Judicial To prove the due execution

“V-1” Affidavit dated 10 September and authenticity of the
2011 (Original marked exhibit aforementioned Judicial
with Court). Affidavit.

WHEREFORE, it is most respectfully prayed of this Honorable Court

that the foregoing Exhibits “A” to “V” as well as their respective

submarkings, be all ADMITTED as the documentary evidence of

Petitioner and together with the testimony of the Petitioner and his

witnesses who all testified in this Honorable Court and identified said

exhibits, Petitioner then rests his case.

Such further or other reliefs as may be deemed just or equitable are

also prayed for.

Makati City, 24 February 2012.