5
REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT EIGHTH JUDICIAL REGION Branch 11 Calubian, Leyte In the Matter of the Declaration of BURT JASON B. QUIRANTE AS PRESUMPTIVELY DEAD JENNIFER C. BABAINO-QUIRANTE, Petitioner, SP. PROC. NO. SPCN- 119 THE CITY CIVIL REGISTRAR OF MANDAUE, CEBU and THE NATIONAL SATTISTICS OFFICE, MANILA Respondent. x-------------------------------------------------- ----x PETITION Petitioner, through counsel to this honourable court, respectfully alleges that: 1.That the petitioner is of legal age, married and resident of of Brgy. Veloso, Calubian, Leyte. 2.That the petitioner is married to BURT JASON B. QUIRANTE, of legal age and a resident of Mandaue City, Cebu.

sample opposition

Embed Size (px)

DESCRIPTION

for legal forms

Citation preview

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTEIGHTH JUDICIAL REGIONBranch 11Calubian, Leyte

In the Matter of the Declaration of BURT JASON B. QUIRANTEAS PRESUMPTIVELY DEAD

JENNIFER C. BABAINO-QUIRANTE, Petitioner,

SP. PROC. NO. SPCN- 119

THE CITY CIVIL REGISTRAR OFMANDAUE, CEBU and THE NATIONAL SATTISTICS OFFICE, MANILARespondent.x------------------------------------------------------x

PETITION

Petitioner, through counsel to this honourable court, respectfully alleges that:

1. That the petitioner is of legal age, married and resident of of Brgy. Veloso, Calubian, Leyte.

2. That the petitioner is married to BURT JASON B. QUIRANTE, of legal age and a resident of Mandaue City, Cebu.

3. That petitioner and BURT JASON B. QUIRANTE were married on October 22, 1998 in Christ the King Parish in Mandaue City, Cebu.

4. That on November 6, 1998, petitioner gave birth to a child in Cebu City.

5. That on February 1999, BURT JASON B. QUIRANTE left spouse-petitioner and their child for Davao City to seek better livelihood.

6. That the petitioner receive monthly remittances from her spouse during the latters first year of stay in Davao City. However, during his second year the financial support became much less often until it ended on December 2001 up to present.

7. In 2005, the petitioner went to Davao City to look for her spouse. She was able to see the latters best friend, but still no information of his whereabouts.

8. That in her intention to seek for his husband, she initially asked for his whereabouts with his parents who are residing in Cebu City. Discontented, she went to Cebu City to see to herself. There she learned through his mother that after working in Davao City, her husband went to Manila without giving any information as to his address.

9. In 2006, determined to see her spouse and sadness to see her child grow without a father, she decided to go to Manila. She visited several Radio Stations and Public Service Programs to ask for help in seeking for her nowhere to be found husband but to no afford as to his whereabouts.

10. Despite unpleasant results of her search she proceeded to the National Bureau of Investigation to ask for help in the search but the Agency also failed to give the most needed information.

11. She went to the Department of Foreign Affairs-Main Office, to ask for records of possibilities of her husband leaving the country.

12. She also went to the Philippine National Police- Camp Crame to check for records of her husband, but nothing was gained.

13. That regardless of all painstaking, conscious and unfruitful searches from radio and television stations up to government offices, still no information of the whereabouts of her husband was discovered.

14. That the petitioner is now, despite her love for her husband, admits to herself that she is growing old and is now fearing of not having someone beside her on the later years of her life, since her child has already his own family. She is planning to remarry someone if God would still allow the same.

15. Due to the short period that the spouses where together, no properties were acquired by them.

16. From the time of filing of this petition, the petitioners spouse has been missing for ten (10) year already.

PRAYERAfter substantially laying the essential facts and conscious effort of search for her spouse, the petitioner respectfully prays before this honourable court to declare BURT JASON B. QUIRANTE Presumptively Dead for purpose of petitioners entering into second marriage, subject however to the effect of his reappearance provided for under the law.

Atty. JOEL ABUDA AGUILARCounsel for the ComplainantIBP # 605482 1/8/11 Quezon CityPTR # 0417576 1/8/11 Quezon CityROA 30724MCLE Compliance No. II 01-23455