Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch __
Baguio City

In Re: Petition for the Adoption of SPEC. PROC. CASE NO. ___
the minor, JANINE GRACE B. ABNASAN,

JASON LAMBERT TOMAD,

Petitioner,
x------------------------------x

JUDICIAL AFFIDAVIT

I, JASON LAMBERT TOMAD, of legal age, married, Filipino citizen, with residence
at No. 112B, Purok 14, Lower Cypress, Irisan, Baguio City, under oath and fully conscious
that I may face criminal liability for false testimony or perjury, hereby depose and state
that the following are my answers to the questions propounded by Atty. Sheena Marie
Ysit with office address at Suit 317-V, 3/F, Luy Wing Bldg., 317 Magsaysay Ave., Baguio
City, which examination or question and answer was conducted at Luy Wing Bldg., 317
Magsaysay Ave., Baguio City.

BY WAY OF FORMAL OFFER OF TESTIMONY

Atty. Ysit:

The testimony of the witness is being offered to prove the following:

That he is the petitioner in this present case; That he wants to adopt the minor,
JANINE GRACE B. ABNASAN (JANINE for brevity); That JANINE had been placed under
his custody; That he already considered JANINE as his own daughter since he took
custody of her; That JANINE has shown strong attachment to him; That he possesses all
the qualifications and none of the disqualification to adopt; That he will testify on all
matters as alleged in his petition and ; That he will identify documents in the course of his
testimony.

Question 1: Please state your name and the name of the petitioner in this case.
Answer: My name is Jason Lambert Tomad and I am the petitioner, Ma’am.

Question 2: Why did you file the present case?

Answer: I filed the present case because I want to legally adopt a minor child named
Janine Grace Abnasan who was under my care and custody since she was
about three (3) days old in April 2008.

Question 3: How did you come to have minor child Janine since she was three (3) days
old in April 2008, as you just said?
Answer: Janine was given by her biological mother to my brother, Melchor Paul
Tomad barely three (3) days after her birth.

Question 4: Did you know the reason why Janine’s biological mother gave her away to
your brother, Melchor Paul Tomad?
Answer: Yes, ma’am. At the time Melchor Paul Tomad gave Janine to us, we
immediately wanted to adopt her as our own. For that reason, we wanted
to talk to Janine’s biological mother for the accomplishment of proper
JUDICIAL AFFIDAVIT 1
 documents but she refused to sign any document. She said that she has no
more interest in Janine as she cannot even support her.

Question 5: Can you please state the explanation of your brother on why the baby was
given to him by the biological mother?
Answer: My brother explained that Angelina Jolie Abnasan, Janine’s biological
mother, was his neighbor in Dagupan City, Pangasinan. She was a grocery
store employee and allegedly could not afford to provide the necessary
needs of the baby. She then offered the baby to my brother and if he
refuses, the baby will be brought to St. Ferdinand Parish Convent, Ilagan
City, Isabela. Out of pity, my brother thereafter accepted the baby and
immediately brought home the child to our house at Lower Cypress, Irisan,
Baguio City.

Question 6: When your brother arrived with the child, what did you initially do?
Answer: My wife, Bambi Aracoeli Luchangco-Tomad, and I initially attended Janine’s
needs. We took care of her and did everything to look after her welfare. In
the process, we thought of legally adopting her to be our legal dependent.

Question 7: Why did you thought of legally adopting the child came into your mind?
Answer: My wife and I are married for almost five (5) years and since then we’ve
been trying to conceive a child. Unfortunately, because of our health issues,
we had a hard time conceiving one. At that time when we were hopeless,
Janine came along.

Question 8: Did your wife give her consent and what did you do with your intention of
legally adopting the child?
Answer: Yes. Ma’am, my wife and I agreed to adopt Janine. Not too long ago on or
after February 18, 2014, I asked my brother to accompany us to Dagupan
City, Pangasinan to talk to Angelina Jolie Abnasan to get her consent for
the necessary adoption and to have the copy of the Certificate of Live Birth
of the child registered.

Question 9: So, did you go to Dagupan City, Pangasinan with your brother, as planned?
Answer: Yes, Ma’am. My brother accompanied us upon our request. We directly
proceeded to Barangay Balai in Dagupan City where we saw Janine’s
biological mother, Angelina Jolie Abnasan, and tried to convince the latter
to go with us to a lawyer for the needed execution of the Affidavit of Consent
for Adoption. However, Angelina Jolie refused saying that we could go on
with our way with regard to the adoption of the child because she is not
interested to get back the child and explained to us her predicament. We
likewise asked from her if we could have a copy of the Certificate of Live
Birth of the Janine which she willingly gave.

Question 10: Do you have copy of that Certificate of Live Birth as proof?
Answer: I have here a copy of Janine’s Certificate of Live Birth and I am handing it
to you as my proof. (Witness handing over a copy of the Certificate of Live
Birth and was marked to form part of this judicial affidavit as Exhibit “A” in
compliance with the jurisdictional requirement)

Question 11: What other information you had if any from Angelina Jolie Abnasan, who is
the biological mother of the child?
Answer: Based on our conversation, I came to learn from her how the child was
conceived and given birth. Also, she told us how she met the biological
father which my brother knows as she already told him the same.

Question 12: For the record, can you please re-echo what Angelina Jolie Abnasan
narrated to you that your brother already knows?
Answer: Yes, Ma’am. Angelina told me that she was just 20 years old back then and
was employed as a saleslady at a grocery store. That is also where she met
the biological father of the child named Tom Cruz. She said that Tom Cruz
was a delivery boy of the store and was employed by a merchant from the

JUDICIAL AFFIDAVIT 2
 nearby town. They decided to live as husband and wife without the benefit
of marriage in the same boarding house where Tom Cruz was residing until
she became pregnant. When she was seven (7) month pregnant, her live-
in partner Tom left to go home to Tabuk, Kalinga allegedly to seek help from
his family in time of her giving birth. However, after leaving, Tom did not
communicate to her anymore until she gave birth and that left her to have
no other recourse but to give-up her baby for adoption.

Question 13: After your conversation with the biological mother, what did you do next, sir
witness?
Answer: In order to proceed with the process of adopting Janine, my wife and I went
to the DSWD-CAR to seek advice.

Question 14: What did the DSWD-CAR advice you to do?

Answer: The DSWD personnel told us to apply first as a foster parent, which we did.

Question 15: After applying as foster parent with the DSWD, what happened next, if any?
Answer: The DSWD-CAR issued us a Foster Placement Authority (FoPA) bearing
our conformity with the conditions stated therein that was recommended for
approval by the Assistant Regional Director for Operations and approved
by the Regional Director.

Question 16: Do you have a copy of said Foster Placement Authority?

Answer: Yes, ma’am. (Witness showing a copy of the Foster Placement Authority
and marked to form part of her judicial affidavit as Exhibit ”B”)

Question 17: Aside from the FoPA, are there other documents issued by the DSWD?
Answer: The DSWD also issued a Certification of a Child Legally Available for
Adoption signed by the DSWD Secretary Aprilynne D. Dar stating that
Janine Grace Abnasan is legally available for adoption.

Question 18: Do you have a copy of said document?

Answer: Yes, ma’am. (Witness showing a copy of the Certification of a Child Legally
Available for Adoption marked and form part of this Judicial Affidavit as
Exhibit “C” bearing the name and signature of the DSWD Secretary.)

Question 19: Were there other things that the DSWD required you to do as part of the
adoption process?
Answer: Yes, ma’am. As part of the adoption process, I was referred to the Philippine
Mental Health Association (PMHA) for psychological evaluation, and after
undergoing the same, I was issued a Psychological Report. (Witness
showing a copy of a Psychological Report conducted by Maria Theresa
Linda as Supervising Psychologist marked as Exhibit “D”)

Question 20: What about Janine Grace Abnasan, was she also subjected to
psychological evaluation?
Answer: Yes, ma’am. Janine undertook the same. I have a copy of her psychological
evaluation report conducted by Nadezna Maris Maniquis of the Benguet
Laboratories Health Services upon referral of the DSWD. (Witness showing
a copy of the Psychological Report marked as Exhibit “E”)

Question 21: Anything else madam witness?

Answer: The DSWD also conducted Home Study Report to me as its subject and
another Child Study Report on Janine as its subject.

Question 22: Do you have a copy of these study reports, sir witness?
Answer: Yes, ma’am. (Witness showing a Home Study Report marked as Exhibit “F”
and a Child Study Report marked as Exhibit “G”.)

Question 23: What were the findings in those study reports?

JUDICIAL AFFIDAVIT 3
Answer: In the Home Study Report with me as its subject, the report is
recommending the approval of the legalization of my adoption of Janine.
Similarly, the Child Study Report with Janine as its subject is highly
recommending that an Affidavit of Consent to Adopt (ACA) and a Pre-
Adoption Placement Authority (PAPA) be issued to facilitate permanent
home placement of Janine.

Question 24: With those findings in the study reports you mentioned, what happened
next?
Answer: The DSWD, issued a Pre-Adoption Placement Authority (PAPA), a copy of
which I am showing and submitting to you. An Affidavit of Consent to Adopt
(ACA) was executed by DSWD-CAR Regional Director Amalia B. Daping
before the oath of a Notary Public, a copy of which I am showing and
submitting to you. (Marked as part of this Judicial Affidavit as Exhibit “H”
and Exhibit “I”.)

Question 25: How is your relationship with the minor Janine since you took her until the
present time?
Answer: My wife and I’s relationship to Janine is one of a father and mother to the
child. We treat her as our own and provide all her financial, moral, and
spiritual needs. She calls me “PAPA” showing the strong attachment she
has with me.

Question 26: What is your occupation and where do you get the income for the support
of Janine?
Answer: I earn my income as a Licensed Teacher.

Question 27: Aside from Janine, do you have any child whom you are supporting?
Answer: I do not have any child. Janine is the only child I am supporting.

Question 28: Do you think you are fully capable of supporting Janine?
Answer: Yes, ma’am. Even the DSWD made a study on this aspect which is reflected
in the Home Study Report. The Child Study Report likewise made a study
on this aspect.

Question 29: Are there any other documents to show your capability or qualifications in
order to support Janine and to support your Petition for Adoption?
Answer: Yes, ma’am. I have my NBI Clearance, Barangay Certification attesting to
my residence and good moral character issued by Brgy. Irisan, Baguio City,
Court Clearance, Police Clearance and Prosecutor Clearance.

Question 30: Do you have with you all the documents that you just have mentioned?
Answer: Yes, ma’am. These are the documents. (Witness showing all the documents
she just mentioned and marked to form part of this Judicial Affidavit as
Exhibit “J”, Exhibit “K”, Exhibit “L”, Exhibit “M” and Exhibit “N”)

Question 31: What now would you like the Honorable Court to do with your Petition for
Adoption?
Answer: I pray that the Petition for Adoption be granted. That Janine will be declared
as my own daughter and that she be known as Janine Grace Tomad
representing “Janine Grace” as her first name and “Tomad” as her surname.

Question 32: After the filing of this Petition, do you know if the jurisdictional requirements
were complied with?
Answer: Yes, ma’am. The jurisdictional requirements were complied with.

JUDICIAL AFFIDAVIT 4
Manifested by ATTY. YSIT:

May it be manifested that in complying with the jurisdictional requirements, the

following documents as exhibits were marked and noted by the Honorable Court:

EXHIBIT “A” – Certificate of Live Birth

EXHIBIT “B” – Foster Placement Authority

EXHIBIT “C” – Certification of Child Legally Available for Adoption

EXHIBIT “D” – Psychological Report

EXHIBIT “E” – Psychological Report of the Child

EXHIBIT “F” – Home Study Report

EXHIBIT “G” – Child Study Report

EXHIBIT “H” – Pre-Adoption Placement Authority

EXHIBIT “I” – Affidavit of Consent to Adopt

EXHIBIT “J” – NBI Clearance

EXHIBIT “K” – Barangay Certification from the Barangay Captain of Irisan

attesting to the residency of Jason Lambert Tomad and his good moral
character

EXHIBIT “L” – Court Clearance

EXHIBIT “M” – Police Clearance

EXHIBIT “N” – Prosecutor Clearance

IN WITNESS WHEREOF, I have hereunto set my hand at Baguio City, Philippines

this 24thday of August 2018.

JASON LAMBERT TOMAD

Affiant/Petitioner

SUBSCRIBED AND SWORN to before me this 24th day of August 2018, in Baguio
City, Philippines, personally appeared the above named affiant identified by me through
competent identification documents to be the same person who executed the foregoing
instrument, signed the same in my presence and acknowledged that the same is his free
and voluntary act and deed.

WITNESS MY HAND AND SEAL.

JUDICIAL AFFIDAVIT 5
 SWORN STATEMENT OF THE LAWYER

I, Sheena Marie Ysit, of legal age, married, Filipino citizen with office address at
Suit 317-V, 3/F, Luy Wing Bldg., 317 Magsaysay Ave., Baguio City, under oath, states
that:

(a) I faithfully recorded the questions I asked and the corresponding answers that
the witness gave;
(b) Neither I nor any other person then present or assisting me coached the witness
regarding the latter’s answers.

SHEENA MARIE YSIT

Counsel for the Petitioner

SUBSCRIBED AND SWORN TO before me at Baguio City, Philippines this 24th

day of August 2018.

JUDICIAL AFFIDAVIT 6