Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
BRANCH 8
Baguio 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 minors birth
certificate and marked as Annex A;
3. Sometime in October 3, 2015, 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
MARIO MALECDAN
HARIET KORAT

Relationship
Uncle
Cousin

Ages
30
28

Residences
La Union
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.

PRAYE R
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 30th day of April 2016 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 30 th
day of April 2016 at Baguio City, Philippines.

JOSE MALECDAN
Affiant
SUBSCRIBED AND SWORN to before me in the City of Baguio
this 30th day of April 2016, by JOSE MALECDAN, who has
satisfactorily proven his identity to me through his Voters 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 30th day of April 2016
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 2016.