Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MandaluyongCity
Branch 214

IN THE MATTER OF THE PETITION

FOR ADOPTION OF AESHA NHOELLE
BAUTISTA & JANEISHA BAUTISTA
FELICIDAD

JDRC CASE NO. MC13-8517

SPS. NOEL R. BAUTISTA and FILOMENA
N. BAUTISTA
Petitioners,

x------------------------------- x

MEMORANDUM

Petitioner, by counsel, unto this Honorable Court most respectfully submit this
Memorandum in compliance with its Order dated August 18, 2015, and avers that:

STATEMENT OF THE CASE AND OF THE PROCEEDINGS

1. On December 4, 2013, Petitioners filed a petition for adoption of their

grandchildren namely, AeshaNhoelle Bautista and Janeisha Bautista, who are
both minors;
2. On January 6, 2014, the Honorable Court, finding the petition to be sufficient in
form and substance, issued an Order setting the case for hearing on May 27,
2015, and directing the Petitioners to cause its publication at her expense. It also
directed the Court Social Worker to conduct a social case study on the petitioners
and the minor children sought to be adopted;
3. On March 11, 2014, the Office of the Solicitor General filed its Notice of
Appearance dated February 12, 2015 and deputized the Office of the City
Prosecutor for Mandaluyong to appear and represent the OSG in the proceedings
relative to this petition;
4. On May 27, 2014, Petitioners through this counsel, presented certain
documentary exhibits (Exhibit A H, with sub-markings) for the purpose of
establishing the jurisdictional requirements for the case;

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5. On May 30, 2014, the Honorable Court set the case for Pre-trial conference on
September 30, 2014 with directives to the parties and their counsels to be present
and to file with the Court their respective pre-trial briefs at least three (3) days
before the date of the pre-trial conference as well as their judicial affidavits at
least five days before the scheduled pre-trial conference;
6. On September 29, 2014, petitioners through this counsel filed their Pre-trial Brief;
7. On September 30, 2014, the Pre-trial conference was held and the parties entered
into stipulation of facts. On this date, the Court Social Worker assigned in this
case filed her Social Case Study Report. Petitioners Filomena Bautista and Noel
Bautista also filed their judicial affidavits pursuant to the Judicial Affidavit Rule.
The Court also issued the Pre-Trial Order;
8. On October 7, 2014, Petitioners through this counsel also filed the Judicial
Affidavit of their witnesses namely, Jay Bautista, Leonor Laureles, and Joel
Bautista;
9. On October 7, 2014, Petitioners Filomena Bautista and Noel R. Bautista took the
witness stand and identified their judicial affidavits which were adopted as part
of their direct testimony. They also identified the documentary evidence from
Exhibit I Exhibit RR. During the trial, the Assistant City Prosecutor, Hon.
Christopher Nonatus Ortiz made a cross-examination of the Petitioners;
10. On November 5, 2014, Petitioners son, Jay Bautista, took the witness stand and
identified documentary exhibits including his Judicial Affidavit which was
adopted as part of the direct testimony. He was also cross-examined by the Hon.
Assistant City Prosecutor;
11. On February 10, 2015, the Court Social Worker, Ms. Leonor Laureles, as well as
Joel Bautistaalso took the witness stand and identified their respective judicial
affidavit. Their judicial affidavits were adopted as part of their direct testimony.
12. On June 5, 2015, this counsel filed her Formal Offer of evidence including the
purposes thereof;
13. On June 19, 2015, Assistant City Prosecutor ChristoperNonatus B. Ortiz filed his
Manifestation interposing no objection to the Formal Offer of Exhibits filed by
the Petitioners through counsel;
14. On July 1, 2015, petitioners through this counsel filed an Urgent Manifestation to
correct the markings of Exhibits EE and FF;

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15. On August 3, 2015, the Honorable Court issued an Order admitting the
documentary exhibits (Exhibits A to BB, Exhibits DD to HH, Exhibits JJ
to UU, and set the presentation of the States evidence on August 18, 2015;
16. On August 18, 2015, the Honorable Court issued an Order directing the
petitioners through counsel and the public prosecutor to file their respective
memoranda;
17. On September 14, 2015, this counsel received a copy of the Order dated August 8,
2015 regarding the submission of memoranda. The Honorable Court also
ordered this counsel to furnish the Office of the Solicitor General (OSG), a copy
of petitioners memorandum.

STATEMENT OF FACTS

18. Petitioners Noel R. Bautista and Filomena N. Bautista are Filipino-American

citizens with residence at 4103 Hibiscus Bldg., Tivoli Gardens, 69 Coronado St.,
Barangay Hulo, Mandaluyong City. They are also residents of 133 Pamrapo
Avenue, Floor 1, Jersey City, New Jersey 07305-1708, United States of America;
19. Petitioners are the legitimate parents of the late Joan Bautista who died on
November 5, 2010. She left behind two minor children namely, Aesha Nhoelle
Bautista, now twelve (12) years old, and Janeisha Bautista Felicidad, now ten (10)
years old. After the death of Joan Bautista, petitioners filed a petition for
permanent custody, control and care of the said minors. Their biological father,
Richard Miranda Felicilda, neither participated nor filed any opposition to the
petition. Having been abandoned by their biological father, petitioners obtained
legal custody over the two grandchildren;
20. Petitioners biological children, namely, Joel Bautista and Jay Bautista consented
to the adoption of the minor children;
21. Petitioners have developed a very strong attachment to and parental love and
devotion for these children from the time they were born and they have been
supporting them financially and emotionally up to the present;
22. The children subject of this petition have no properties in their name;
23. Petitioners have all the qualifications and none of the disqualifications to adopt
under the Philippine laws, to wit:
a. They are in possession of their full civil capacity and legal rights;
b. They are of good moral character;

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 c. They have not been convicted of any crime involving moral turpitude;
d. They are physically, emotionally, financially, intellectually, socially, and
spiritually capable of caring for and bringing up the children in an
atmosphere of a normal, happy and wholesome family;
e. They are more than sixteen (16) years older than the minor children.
24. The minor children to be adopted are not disqualified by law to be adopted.

STATEMENT OF THE ISSUES

25. The issues to be resolved in the case at bar consist of the following:

a. Whether or not the petitioners are qualified to adopt under RA No. 8852 in
relation to A.M. No. 02-6-02-SC on Special Rules of Procedure on Domestic
Adoption;
b. Whether or not the illegitimate children sought to be adopted are qualified for
domestic adoption;
c. Whether or not the adoption will be to the best interest of the illegitimate
children; and

ADMITTED FACTS

26. During the Pre-Trial conference, petitioners by counsel, moved for the admission
of facts and the same were admitted by the Honorable Assistant City Prosecutor,
and these are:
a. That the adoptees sought to adopted by the petitioners are AeshaNhoelle
Bautista and Janeisha Bautista Felicilda whose birth certificates were duly
registered in Cavite City;
b. That petitionershave dual citizenship, Filipino and American citizen;
c. That the said adoptees are the grandchildren of the petitioners;
d. That the adoptees are both minors and illegitimate children;
e. That the adoptees parents were not married;
f. That petitioners were granted custody before the Regional Trial Court,
Branch 89, Pasig City, over these two minor children.

DISCUSSION
In support of the Petition, petitioners proffered that they are former natural born
citizens who acquired American citizenship by naturalization. However, petitioner

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Filomena Bautista has acquired a dual citizenship status pursuant to Republic Act No.
9225, otherwise known as the Philippine Citizenship Re-acquisition and Retention
Act. To prove her citizenship, age and status, Petitioner Filomena Bautista offered as
evidence her Birth Certificate (Exhibit I). To prove her dual citizenship status,
Petitioner Filomena Bautista also offered as evidence her Certificate of
Reacquisition/Retention of Philippine citizenship (Exhibit J) as well as her American
Passport (Exhibit K). On the other hand, Noel Bautista offered as evidence her
American passport to prove her identity and citizenship (Exhibit DD). To prove the
facts of marriage, petitioners presented and offered as evidence their Marriage Contract
(Exhibit L). Being former natural born Filipino citizens, relatives of the minors within
the fourth civil degree of consanguinity, and legally married, petitioners are qualified to
jointly adopt their grandchildren.

Petitioners have three (3) children including the mother of the minor children
sought to be adopted as shown by their birth certificates (Exhibits M, N, and Q).
However, the minor childrens mother, Joan Bautista, passed away on November 5,
2010 as shown by the death certificate (Exhibit O). The deceased mother of the
children was never married to their biological father, Richard Felicilda as shown by the
NSO Advisory on Marriages which indicates that the latter has a record of marriage
with a certain Catherine T. Synder (Exhibit R) as well as by the NSO Certificate of No
Marriage between Joan N. Bautista and Richard Felicilda (Exhibit S). The facts of
birth of the minor children, AeshaNhoelle Bautista and Janeisha Bautista) are shown in
their birth certificates (Exhibit T and Exhibit U). Since birth, the children have been
dependent on the petitioners for chief support. Thus, when their mother died,
petitioners filed a petition for custody, care and protection of the children which was
granted by the Court as shown by the Decision of the Regional Trial Court, Branch 69,
Pasig City with Entry of Judgment (Exhibits V and V-1).

Petitioners have financial capacity to support the minor children as shown by

the2012 Combined Income Tax Return (Exhibit W) and the employment certificate of
Mr. Noel Bautista(Exhibit FF). They are still fit to take care of the children as shown
by their Medical Certificates (Exhibits X, JJ, and KK). Likewise, they do not have
any criminal or derogatory records as shown by the Police Clearance, NBI Clearance
and International Police Clearance (Exhibits Y, Z, AA GG and HH).

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 To prove their residence in Mandaluyong City, petitioners offered as evidence
their Barangay Clearance (Exhibit EE). Hence, they are qualified to adopt under the
Domestic Adoption Law.
Petitioners love the children so much and take them as their own. There were
times that petitioners stayed in the Philippines for longer period just to be with them
especially during holidays and special occasions such Christmas, New Year, and
birthday celebrations of the children. Pictures of the petitioners with the minor children
as well as with their own children together were offered as evidence (Exhibits BB -
BB-7; Exhibits LL LL-1; Exhibits OO OO-2).

There is no legal impediment to adopt the children considering that petitioners

own children consented to adoption as shown by the Joint Affidavit of Consent
executed by Joel Bautista and Jay Bautista (Exhibit NN). Likewise, petitioners have
undergone pre-adoption services of the court social worker who conducted interviews
and assessments of the petitioners and who prepared a case study report (Exhibit PP).
The report contains a recommendation in support of the adoption of the minor children
and further states that the adoption will be to the best interest of the children.

Verily, Petitioners assertions are credible and worthy of belief as they have been
taking care of these children since birth, providing them with love, protection and
support. It is thus humbly posited that the adoption of AESHA NHOELLE BAUTISTA
& JANEISHA BAUTISTA FELICILDA will be to the best interest of these children.

PRAYER

WHEREFORE, in the light of these premises, Petitioners earnestly pray that the

Honorable Court renders judgment as follows:

1. Granting this Petition and declaring that Aesha Nhoelle Bautista and Janeisha

Bautista Felicilda as legitimate children of herein petitioners, with all the rights and

privileges of adopted children under the law and shall henceforth carry their

middle name Navarro and surname Bautista;

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2. Directing the Local Civil Registry of Cavite City and the National Statistics Office to

record the decree of adoption and to issue a new Birth Certificate of the minor

children who should be known and registered as follows:

AESHA NHOELLE NAVARRO BAUTISTA

JANEISHA NAVARRO BAUTISTA

Other just and equitable reliefs are also prayed for.

2 October 2015, Quezon City for Mandaluyong City.

MOST RESPECTFULLY SUBMITTED,

ATTY. NARCISA H. GUEVARRA

Counsel for the Petitioners
Attorneys Roll No. 39789
IBP Lifetime Membership No. 013305
PTR No. 9256029 03/21/2015; Quezon City
MCLE Compliance IV-0009264;
11/7/2012; Pasig
95 Desiderio St., Don Jose Heights Subd., Q.C.
Mobile No. 09178329882
Tel. No. 3514182

Copy furnished:

Honorable Christopher Nonatus Ortiz

Assistant City Prosecutor
Office of the City Prosecutor
Mandaluyong City

Office of the Solicitor General

34 Amorsolo St., Legaspi Village
Makati City