Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Cebu City, Cebu
Branch ___

IN RE: IN THE MATTER OF ADOPTION

OF MINOR KENNETH NIÑO NAVIO
AND CHANGE OF NAME TO KENNETH
NIÑO NAVIO JOHNSON SPECIAL PROCEEDING
NO. __________

SPS. SEVE RAPHAEL JOHNSON AND

SANDRA EVE NAVIO-JOHNSON

Petitioners.
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PETITION

Petitioner, by counsel, unto this Honorable Court, respectfully

states that:

1. The Petitioner SANDRA EVE NAVIO-JOHNSON is

of legal age, Filipino, married, and a resident of 123
R. Duterte St., Banawa, Cebu City;

2. The Petitioner SEVE RAPHAEL JOHNSON is of

legal age, American, married, a resident of
Philippines of 123 R. Duterte St., Banawa, Cebu
City, as evidenced by his Permanent Resident Visa
marked as Annex “A” and made integral part
hereof;

3. That the petitioners here were married on February

14, 2014 at the Marco Polo Plaza, Cebu City, as
evidenced by their marriage certificate marked as
Annex “B” and made integral part hereof;
4. The Petitioners desire to adopt the minor child
named KENNETH NIÑO NAVIO, who is male, six
(6) years of age, Filipino, and a resident of 123 R.
Duterte St., Banawa, Cebu City;

5. Herein subject minor, was born at Vicente Sotto

Memorial Medical Center, Cebu City on April 3,
2012 to SANDRA EVE NAVIO-JOHNSON, which is
the same Petitioner SANDRA EVE NAVIO-
JOHNSON, which proof of birth was duly registered
in the Register of Births of the Office of the Civil
Registrar of Cebu City, for which a Certificate of
Live Birth was issued. A machine copy of it is
herewith attached as Annex “C” and made integral
part hereof;

6. The biological father of the minor is NIÑO PAUL

SANTOS, common law partner of petitioner NAVIO-
JOHNSON from 2005-2012;

7. NIÑO PAUL SANTOS has never reared herein

subject minor as his relationship with herein
petitioner NAVIO-JOHNSON has become strained
due to alleged domestic abuses, affidavit of NAVIO-
JOHNSON attached herein as ANNEX “D” and
made integral part hereof;

8. Herein petitioners would like to give the minor good

education and a secured future and to erase the
stigma of his illegitimacy;

9. Petitioner SEVE RAPHAEL JOHNSON, even

before marriage developed a parental kind of love
and care towards the minor;

10. After Petitioners’ marriage, SANDRA EVE NAVIO-

JOHNSON together with KENNETH NIÑO NAVIO,
decided to live with SEVE RAPHAEL JOHNSON,
the latter had been the one acting as father to the
child; giving him basic necessities, care, comfort
and love. He had provided him a home; a safe and
secure environment for him to grow up in;
11. The petitioners are qualified to adopt the minor and
are in possession of full civil capacity and rights and
have not been convicted of any crime involving
moral turpitude.

12. The petitioners are emotionally and psychologically

capable of caring for the minor. Attached herewith is
a copy of Petitioners’ Physical and Medical
evaluation by a duly licensed physician and
psychological evaluation by a psychologist, marked
as Annexes “C”, “C1”, “D” and “D-1” and made
integral part hereof;

13. Moreover, Petitioners are qualified to adopt the

minor child above-named under Articles 183-186 of
the Family Code of the Philippines, as amended by
the provisions of Republic Act No. 9552, the
Domestic Adoption of 1998;

14. The petitioners are more than sixteen (16) years

older than the prospective adoptee evidenced by
their birth certificates marked as Annexes “E” and
“E-1” herein attached and made an integral parts
hereof;

15. The minor, as the prospective adoptee, also desires

and consents to be adopted by the petitioners as
evidenced by Annex “F” hereto attached and made
an integral part of this petition;

16. That as per Home Study report, the DSWD has

evaluated and recommended that the minor child
can be legally adopted to spouses MATTHEW A.
MONSANTO and BRIGETTE BRAÑA MONSANTO
for the child’s best interest and welfare. A copy of
said DSWD Home Study Report is herein attached
as Annex “G”;

17. That herein petitioners has the capability and ability

to extend to said minor the kind of financial support
that a parent can give to his child as evidenced by
 their latest Income Tax Return marked as Annexes
“H” and “H-1”;

18. The petitioners are in possession of their full civil

capacity and legal rights, of good moral character,
has no derogatory record whatsoever can be
attributed to them and have not been convicted of
any crime involving moral turpitude. Attached
herewith are copies of their Police clearances
marked as Annexes “I” and “I-1” and Petitioners
character references’ marked as Annexes “J”, “J-
2” and “J-3”;

19. That, at present, the subject minor is now thirteen

(13) years old. He has adjusted well in the
atmosphere and environment where MATTHEW A.
MONSANTO being the head of the family. He is
observed to be an active, healthy, sociable and
affectionate child. Generally speaking, his total
growth and development is within the normal level
which could be attributed to the positive, alternative,
and stimulating activities given by his family.

20. The minor sought to be adopted does not own any

real, personal, tangible and intangible property; and

21. This adoption is for the best interest and security of

the said minor if he would be considered as true and
legal child of herein petitioners and it will make his
life normal, productive, and good person in the
community;

PRAYER

WHEREFORE, premises considered, it is respectfully prayed of

this Honorable Court to grant this petition of Spouses LESTER and VIDA
MANAPSAL for the adoption of JOHN ANDREW BRAÑA and for the
change of the child’s name to JOHN ANDREW BRAÑA MANAPSAL.

Other reliefs just and equitable are likewise prayed for.

 Respectfully submitted this ___ day of February 2017 in Cebu City,
Cebu.

(Republic of the Philippines)

(City of Cebu ) S.S.
X- - - - - - - - - - - - - - - - - - - - - - - )

VERIFICATION AND CERITIFICATION

We, Spouses MATTHEW A. MONSANTO and BRIGETTE BRAÑA

MONSANTO, both of legal age, Filipino citizens, and of 205 Polytechnic
Residence, P. Burgos Street, Barangay San Roque, Cebu City, under
oath, depose and state that:

1. We are the Petitioners in the above-mentioned case;

2. We have caused the preparation of this Petition;

3. We have read and understood its contents and affirm that they are
true and correct to our personal knowledge and based on
authentic records; and

4. We hereby certify that there is no other case or special proceeding

commenced or pending before any court involving the same
parties and the same issue and that should we learn of such a
case or special proceeding, we shall notify the court within five (5)
days from our notice.

IN WITNESS WHEREOF, we have signed this instrument on the

____ day of February 2018, in the City of Cebu, Philippines.

MATTHEW A. MONSANTO BRIGETTE BRAÑA MONSANTO

Affiant Affiant
 SUBSCRIBED AND SWORN to before me this ___ day of
February 2018, in the City of Cebu, Philippines.

Doc. No. ___ Leo Tumags

Page No. ___ Notary Public
Book N0. ___ PTR No. 1154104 12/7/16 CEBU City
Series of 2018 IBP Lifetime Member No. 08327/Cebu City
Roll No. 56108
MCLE Compliance No. V-0005029
Notarial Commission No. 117-09