Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch___
Cebu City

IN RE: PETITION FOR APPOINTMENT

AS LEGAL GUARDIAN OF MINOR SP. PROC. NO. ____
MAE CLARA ROSIEV

IMELDA CLARA,

Petitioner.

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

PETITION

PETITIONER, IMELDA CLARA, through counsel, unto this Honorable

Court, most respectfully states that:

1. Petitioner is Filipino, 35 years old, single and a resident of 999 Blg.,

Units 234 and 235, P. del Rosario Street, Cebu City, Cebu;

2. Petitioner is the sister of XANDER CLARA ROSIEV, husband of

CHARICE CLARA ROSIEV, hereto referred as “spouses”, who both
died during a car crash on January 2, 2019. Attached is a copy of their
Certificate of Marriage marked as Annex “A”. A copy of the Certificate
of Death of XANDER CLARA ROSIEV and CHARICE CLARA ROSIEV,
are attached hereto as Annex “B” and Annex “C”, respectively;
3. During their marriage, they have been living with me because my house
is in the heart of the city. They had a child named MAE CLARA ROSIEV,
who is 3 years old and currently residing with me at 999 Blg., Units 234
and 235, P. del Rosario Street, Cebu City, Cebu. Copy of her birth
certificate is attached hereto as Annex “D”;

4. During the lifetime of the spouses, they acquired insurance policies.

Insurance proceeds from AXA Philippines amounted to P1,000,000;
5. The abovementioned property is now owned by the minor;

6. It is necessary that a guardian be appointed over the person and estate

of the said minor;

7. Petitioner, being the aunt of the minor, is ready, willing and able to
undertake the duties of such trust, with full responsibility to administer
and utilize the proceeds solely for the benefit of this minor child.

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 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of

this Honorable Court that, after due notice and hearing and filing of a bond
in such reasonable sum as the Honorable Court may direct, a judgment be
rendered as follows:

1. Appointing Petitioner IMELDA CLARA as the true and lawful guardian

of minor MAE CLARA ROSIEV;

2. Issuing Letters of Guardianship in favor of Petitioner IMELDA CLARA

February 21, 2019. Cebu City, Philippines

SABDULLAH, VILLABLANCA, ESCANO, DAYAGBIL

LAW OFFICES
Penthouse, 20th Floor, SVED Law Tower,
Cebu Business Park, Cebu City, Cebu 6000
Telefax (023) 231-3611
svedlawoffices@gmail.com

BY:

ATTY. CRISTINE MAE N. VILLABLANCA

Counsel for Petitioner
PTR No. 1430270- 12.08.2018 (for 2019) Cebu City
Roll of Attorneys No. 42661; IBP LRN 04474
MCLE Compliance No. V-0004987 (Issued at 12.18.14)

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

VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING

I, IMELDA CLARA, Filipino, of legal age, single and a resident of 999

Blg., Units 234 and 235, P. del Rosario Street, Cebu City, Cebu, after having
been sworn in accordance with law, hereby depose and say that:

1. I am the Petitioner in the present Petition for APPOINTMENT AS

LEGAL GUARDIAN OF MINOR MAE CLARA ROSIEV;

2. I have caused the preparation of the foregoing Petition and I have read
the allegations therein and certify that the same is true and correct of
my own personal knowledge;

3. I have not theretofore commenced any other action or proceedings or

filed any claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency and to the best of our knowledge, no
such action or proceeding is pending therein;

4. If I should thereafter learn that a similar action or proceedings has been

filed or is pending before that Supreme Court, the Court of Appeals, or
any tribunal or quasi-judicial agency, I undertake to report such fact
within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 21st day

of February 2019 at the City of Cebu, Philippines.

_____________________
IMELDA CLARA

SUBSCRIBED AND SWORN TO before me this 21st day of February 2019

at the City of Cebu, Philippines. Affiant is personally known to the notary.

ATTY. JABAR A. SABDULLAH

NOTARY PUBLIC
For Cebu City, Carcar City and
Municipality of San Fernando
Notarial Commission No. 054-06
Doc No. ___; (Until December 31, 2019)
Page No. ___; Suite 4, JCS Building, Cebu City
Book No. ___; PTR No. 1430271- 12.08.2018
Series of 2019 (for 2019) Cebu City
Roll of Attorneys No. 42662; IBP
LRN 04475
MCLE Compliance No. V-0004988
(Issued at 12.18.14)