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Sample Petition For Guardianship

This document is a petition filed by Jose P. Lora seeking to be appointed guardian of his minor daughter Mary Jane C. Lora. Key details include: Mary Jane was donated a parcel of land by her mother; Jose is seeking guardianship due to Mary Jane's minority; Jose has Mary Jane in his care and is willing to post a bond; Jose affirms he has not filed any similar cases and is not disqualified from serving as guardian.
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50% found this document useful (2 votes)
3K views6 pages

Sample Petition For Guardianship

This document is a petition filed by Jose P. Lora seeking to be appointed guardian of his minor daughter Mary Jane C. Lora. Key details include: Mary Jane was donated a parcel of land by her mother; Jose is seeking guardianship due to Mary Jane's minority; Jose has Mary Jane in his care and is willing to post a bond; Jose affirms he has not filed any similar cases and is not disqualified from serving as guardian.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT OF CEBU


7TH Judicial Region
BRANCH ___
Cebu City

IN THE MATTER OF THE


GUARDIANSHIP OF THE
PERSON AND PROPERTIES
OF MARY JANE CENIZA LORA

SP. PROC. NO. ______________

JOSE P. LORA
Petitioner,
x-------------------------------------------/

PETITION FOR GUARDIANSHIP OF A MINOR

NOW COMES Petitioner, by his undersigned


attorney, to this Honorable Court, most respectfully
represents:

1. That Petitioner is of legal age, Filipino citizen,


married, and with address at Unit 202 J. King
Bldg. T. Padilla Street, Cebu City, Philippines.

2. That Petitioner is the father of the minor MARY


JANE C. LORA1, the person whom guardianship is
sought for;

3. That MARY JANE is 14 years old, a Filipino


citizen, with address at Unit 202 J. King Bldg. T.
Padilla street, Cebu City and the only daughter of
JOSE P. LORA2 and MARIA ELIZABETH C. LORA3.

4. That on the 27th of June, 2018, ELIZABETH


donated to MARY JANE a parcel of land as

1
“Mary Jane” for brevity
2
“Jose” for brevity
3
“Elizabeth” for brevity

1
evidenced by a Deed of Donation. A copy of the
said document is herein attached as Annex “A”;

5. That the parcel of land has an assessed value of


Forty-Three Thousand Three Hundred Pesos
(P43,300.00), more or less, located at 422 T.
Padilla Street, Cebu City. The lot is more
particularly described as follows:
TCT No. 110-83475

A parcel of land (Lot No. 7452-D-3) of the


subdivision plan Psd-12384, situated in the City of
Cebu. Bounded on the NW. by T. Padilla Street; on
the W. by Lot No. 4723-A-1; on the S. by Lot No.
3452-A, Psd-231; and on the E. by Lot No. 9823-D-4.
Containing and area of Two Hundred Nineteen
(219) sq. meters, more or less.

A copy of the most recent Tax Declaration showing


the above assessed value is herein attached as
Annex “B” and a copy of TCT No. 110-83475 is
herein attached as Annex “C”;

6. That the nearest of kin of the ward are the


following:

NAME ADDRESS
a. Jose P. Lora Unit 202 J. King Bldg.
T. Padilla
Street, Cebu City
b. Maria Elizabeth C. Lora 6524 Big Street, Los
Angeles
California 90404

7. That due to the minority of MARY JANE, it is


necessary and convenient that a guardian over
her person and property be appointed;

8. That Petitioner is the person having MARY JANE


in his care, and that he possesses all

2
qualifications of a person to whom letters of
guardianship should issue;

9. That Petitioner is not an imbecile, insane, a


vagrant or vicious person or a habitual drunkard
nor a habitual criminal, and have not abandoned,
neglected or refused to support said MARY JANE
or caused her to commit offenses against the
law;

10. That Petitioner is willing to pose a bond in and


amount that this Honorable Court may
determine;

PRAYER

WHEREFORE, premises considered, it is


respectfully prayed that, upon due notice and hearing,
and upon the giving of such bond as this Honorable
Court may direct, the said Petitioner be appointed
guardian of the person and properties of the minor
MARY JANE C. LORA.
Other reliefs which are just and equitable under the
premises are likewise prayed for.

Cebu City, Philippines, 14th of February, 2019.

RAUL JOSEPH C. ESPARCIA


Counsel for the Petitioner
EH 501 Law Building,
P. del Rosario Street, Cebu City
Telephone No. (032) 412-6272
Email Address: raul.joseph.esparcia@gmail.com
ROLL OF ATTORNEYS No. 60234
IBP No. 1104523; 12-12-18; Cebu Chapter
PTR No. 14235235; 12-12-18; Cebu City
MCLE Compliance No. V-0010629

3
Republic of the Philippines )
City of Cebu ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM


SHOPPING

I, JOSE P. LORA, of legal age, married, Filipino


citizen, and a resident of Unit 202 J. King Bldg., T.
Padilla Street, Cebu City, after having been duly sworn
to in accordance with law do hereby depose and say:

1. That I am the Petitioner in the above-entitled


case;

4
2. That I have caused the preparation of the
foregoing petition;
3. That I have read the foregoing petition and all of
the allegations therein are true and correct and
of my own personal knowledge or based on
authentic records;
4. That I have not filed any case involving the same
issues as in the case at bar before any court,
agency or tribunal;
5. That there is no pending case involving the same
issues as in the case at bar with any court,
agency or tribunal at any state whatsoever;
6. That if I receive any information to the contrary,
I undertake to inform this Honorable Court within
5 days therefrom.

IN WITNESS HEREOF, I have hereunto affixed my


signature this 14th of February, 2019 in Cebu City,
Philippines.

JOSE P. LORA
Affiant

SUBSCRIBED AND SWORN to before me at Cebu


City, Philippines, this 14th day of February, 2019, affiant
exhibiting to me his Passport bearing Passport No.
EB10234823 with his photograph and signature.

Doc. No. : ____ JOSELITO Z. AÑO, JR.


Page No. : ____ Notary Public
Book No. : ____ Notarial Commission No.
012-11
Series of 2019 ROLL OF ATTORNEYS
No. 60523
IBP No. 110252; 12/12/18;
Cebu
PTR No. 1242599; 12/12/18;
Cebu

5
MCLE COMPLIANCE No. V-
00234
EH 501, Law Building
P. del Rosario Street, Cebu
City

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