In The Matter of Guardianship of Jessa B. Elordi: Petition

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT

7th Judicial Region
Branch 12, Cebu City
IN THE MATTER OF GUARDIANSHIP

OF JESSA B. ELORDI
SPL. PROC. NO. CEB-4568

For: GUARDIANSHIP
JACOB B. ELORDI,
Petitioner,
x——————————————————x
PETITION
COMES NOW, the Petitioner, by counsel and to this Honorable

Court, most respectfully avers that:
1 .Petitioner is of legal age, Filipino, married and with residence

address at 20 Samar Loop, Cebu City, Philippines is the son of JESSA B.
ELORDI ( “ Jessa” for brevity) as evidenced by his Birth Certificate issued
by the Philippine Statistics Office, attached as Exhibits “1” and “2” of this
Petition;
2. Jessa, at the time of the filing of this Petition, is 60 years of age,

widow and a resident of 15 Ramos St., Cebu, City;
3. In 2000, Jessa had been diagnosed with schizophrenia and due to

her illness, she was admitted to the hospital, give medications and advised to
completely rest from work. As time passed, her condition worsened. In
2011, she had to completely retire from her job in the government service
because of total permanent disability. Please see Medical Certificate dated
January 23, 2017 issued by her long time psychiatrist Dr. Ellen D. Gamba,
attached as Exhibit “3” herewith, wherein Dr. Gamba certified that Jessa
1
suffered from a life-long psychiatric disorder as she urgently recommended
that a guardian will be appointed to look after;
4. Since 2000, Jessa lived with Anna L. Balla “Anna” for brevity), her
mother, as her legal guardian, in their family home in 15 Ramos St., Cebu,
City, Philippines, as she depended on her mother for support. But last June
20, 2018, Anna passed away as evidenced by her Certificate of Death
attached as Exhibit “4” herewith;
5. Jessa is survived by three (3) children all of legitimate filiation,

including herein Petitioner, namely:
a. Jacob B. Elordi, 40, residing at 20 Samar Loop, Cebu City, Cebu,

Phillipines;
b. Josephine Elordi Allista, 35, residing at 18 Love St., Lapu-Lapu

City, Cebu, Philippines;
c. Joey Grace Elordi Loyola, 30, residing at 15 Smith St., Ayala

Alabang, Muntinlupa City, Philippines;
6. Jessa is seized of only one (1) known real property, which is her
share in the real property and accessions left behind by her mother, Anna L.
Balla, in the parcel of land located at 15 Ramos St., Cebu, City, Philippines
as evidenced by Transfer Certificate of Title No. 12345 issued by the
Register of Deeds of Cebu City, attached as Exhibit “5” of this Petition;
7. Later on, TCT No. 12345 has been cancelled on simulated

Contracts of Sale in the names of Josephine Bartolome and Leo Gaspar
under Transfer Certificate of Titles Nos. 13456 and 13478 respectively,
attached as Exhibits “6” and “7” of this Petiton;
8. The aforesaid property is now subject of the Complaint for

Reconveyance, Nullity of Deeds of Sale and Certificate of Titles initiated by
Petitioner, together with other siblings against Josephine Bartolome and Leo
Gaspar docketed as R-CEB-19-03501-CV pending before the Regional Trial
Court Branch 18 of Cebu City;
9. At present, Petitioner is taking care of the physical, medical and

other needs of Jessa B. Elordi;
10. Petitioner is capable and willing to assume the responsibility of

being the guardian of Jessa B. Elordi and he is fit and proper person to be
appointed guardian to oversee the care and maintenance of Jessa.
WHEREFORE, premises considered, it is most respectfully prayed

of this Honorable Court, that after due notice, he be appointed guardian of
2
the person and property of Jessa B. Elordi and that the corresponding Letters
of Guardianship be issued in Petitioner’s favor.
Petitioner prays for such other reliefs just and equitable in the
premises.
15 February 2019, Cebu City, Philippines.
By: the Petitioner’s Counsel
GAYANES, MARY JOY

3/f MGL Bldg.18 Dagot St. Brgy. Luz, Cebu City
PTR No. 0008256/JAN. 8, 2019-CEBU CITY
IBP No. 40083/LIFETIME/CEBU CITY
Roll of Attorneys No. 63548
MCLE COMPLIANCE No. 0000581
Tel No. (032) 863-0438 local 102
Email: atty.gayanes@claw.com.ph
3
REPUBLIC OF THE PHILIPPINES)
QUEZON CITY………………………) s.s.
VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING
I, JACOB B. ELORDI, of legal age, Filipino, married and with

residence address at 20 Samar Loop, Cebu City, after having duly sworn to
in accordance with law do hereby depose and say:
1. That I am the Petitioner in the instant.
2. That I have read the foregoing petition and the allegations therein
are true and correct according to the best of my knowledge and/or
based on the records on hand.
3. That I attest to the authenticity of the annexes thereof.
4. That I have not filed any similar case in any court of the
Philippines involving the same issues and parties, and if I know
any, I hereby undertake to inform the appropriate Court within five
(5) days from learning thereof.
IN WITNESS WHEREOF, I have hereunto affix my signature this

th
15 day of February 2019, in Cebu City, Philippines.
JACOB B. ELORDI
Affiant
SUBSCRIBED AND SWORN TO before me this 15th day of

February 2019 in the City of Cebu, Philippines. Affiant exhibited to me his
competent evidence of identity; TIN ID NO. 15345, issued on January 30,
2010, by BIR RDO 39, and I further certify that I have personally examined
the affiant and I am convinced and satisfied that he voluntarily executed the
foregoing Petition and understood all the contents hereof and that they are
true and correct as to his personal knowledge.
HERMIONE J. GRANGER
Notary Public
For Cebu City, Carcar City and
Municipality of San Fernando
Notarial Commission No. 066-06 (Until Dec. 31, 2019)
Unit 1, 15/F, MDCT Building, Samar Loop,
4
Cebu Business Park, Cebu City Philippines
PTR No. 1832011 - 01/10/19 – Cebu City
Roll of Attorneys No. 45454; IBP LRN 05050
MCLE Compliance No. V-0032512 issued 01/05/19
Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.
Copy furnished:
HON. CLERK OF COURT

Regional Trial Court (RTC)
Cebu City ( personal service)
Office of the Solicitor General (OSG)

134 Amorsolo St., Legaspi Village,
Makati City, Metro Manila
(served to OSG by registered mail in view of distance)

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

IN THE MATTER OF GUARDIANSHIP

SPL. PROC. NO. CEB-4568

COMES NOW, the Petitioner, by counsel and to this Honorable

1 .Petitioner is of legal age, Filipino, married and with residence

2. Jessa, at the time of the filing of this Petition, is 60 years of age,

3. In 2000, Jessa had been diagnosed with schizophrenia and due to

5. Jessa is survived by three (3) children all of legitimate filiation,

a. Jacob B. Elordi, 40, residing at 20 Samar Loop, Cebu City, Cebu,

b. Josephine Elordi Allista, 35, residing at 18 Love St., Lapu-Lapu

c. Joey Grace Elordi Loyola, 30, residing at 15 Smith St., Ayala

7. Later on, TCT No. 12345 has been cancelled on simulated

8. The aforesaid property is now subject of the Complaint for

9. At present, Petitioner is taking care of the physical, medical and

10. Petitioner is capable and willing to assume the responsibility of

WHEREFORE, premises considered, it is most respectfully prayed

15 February 2019, Cebu City, Philippines.

By: the Petitioner’s Counsel

GAYANES, MARY JOY

VERIFICATION AND CERTIFICATION OF NON-FORUM

I, JACOB B. ELORDI, of legal age, Filipino, married and with

1. That I am the Petitioner in the instant.

3. That I attest to the authenticity of the annexes thereof.

IN WITNESS WHEREOF, I have hereunto affix my signature this

SUBSCRIBED AND SWORN TO before me this 15th day of

HON. CLERK OF COURT

Office of the Solicitor General (OSG)

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