Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 5
Baguio City

In the Matter of Petition for Declaration

of Presumption of Death
SP. PROC. NO. _____
MARINA M. RODRIGUEZ-TALAVERA,
Petitioner.
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PETITION

Petitioner, by counsel and to this Honorable Court, alleges that:

1. The petitioner is of legal age, Filipino citizen, and a resident of Loakan Proper,
Baguio City;

2. The petitioner and her husband, Francis N. Talavera, were married to each other, on
November 26, 1992, before Fr. James Desmet, CICM, at the Saint William the Hermit,
Roman Catholic Church, San Fernando City; Attached herewith, marked as Annex “A”
and made an integral part of this petition is a copy of the marriage certificate;

3. Out of the said marriage, children were born, to wit:

NICOLE MAE R. TALAVERA

Born on January 8, 1994 at Baguio City

BRYAN R. TALAVERA
Born on November 7, 1996 at Baguio City
- and -

JOSHUA MARTIN R. TALAVERA

Born on November 8, 1998 at Baguio City

(Attached herewith, are the birth certificates of said children correspondingly

marked as Annex “B”, Annex “C” and Annex “D”);

4. The petitioner’s husband left the conjugal abode sometime in 2003 and no news
about said respondent had been received since then;

5. The common children have since been legally adopted by the petitioner’s parents
who are U.S. citizens and have been living in the United States since their respective
adoptions were granted;

6. Given the lapse of time since the last news or sighting of the petitioner’s husband,
the latter may now be declared legally dead for all intents and purposes.
 PRAYER

WHEREFORE, it is respectfully prayed of this Honorable Court to render judgment

as follows:

a. That after due hearing, a declaration that petitioner’s husband, FRANCIS N.

TALAVERA, be declared PRESUMPTIVELY DECEASED for all legal intents and
purposes;

b. That petitioner prays for which other reliefs which in the determination of this
Honorable Court may be just and equitable under the premises.

Baguio City, 8 June 2011.

ATTY. GRETCHEN A. ALUNDAY

Counsel for the Petitioner
Suite 222, Laperal Building
Session Road, Baguio City
PTR No. 8476888; 01-03-11; Baguio City
IBP No. 876540; 01-03-11; Baguio City
RA 75436; 4-19-06; Mla.
MCLE Compliance No. IV-0000888; 09-07-10

REPUBLIC OF THE PHILIPPINES }

DONE: IN THE CITY OF BAGUIO } S.S.
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VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING
 I, MARINA M. RODRIGUEZ , of legal age, Filipino, married, Filipino and a resident of
Loakan Proper, Baguio City, after duly sworn, depose and state:

That I am the petitioner in the above-entitled case;

That I caused the preparation of foregoing Petition;

That I have read and understood the contents thereof, that the same are true of my
own personal knowledge;.

That I further certify that I have not commenced any other action or proceedings
involving the same issue in the Supreme Court other than this action, the Court of Appeals,
or any tribunal or agency, and to the best of my knowledge, no such other action or
proceeding is pending in the Supreme Court, the Court of Appeals, or any tribunal or
agency; that should I learn that a similar action or proceeding has been filed or is pending
before the Supreme Court, the Court of Appeals, or by any other tribunal or agency, I would
undertake to notify the court, the tribunal or agency within five(5) days from such notice.

IN WITNESS WHEREOF, I have hereunto set my hands this 8 th day of June 2011 in
the City of Baguio, Philippines.

MARINA M. RODRIGUEZ
Affiant

SUBSCRIBED AND SWORN to before me in the City of Baguio this 8 th day of June
2011 by Marina M. Rodriguez, personally known to me, who is the same person who
personally signed before me the foregoing affidavit and acknowledged that she executed
the same.

LIYA ORTEGA-RODRIGUEZ
Notary Public
Until December 31, 2012
Doc. No. _88___; PTR No. 050183/Baguio City/01-11-11
Page No. 18___; Roll of Atty. No. 8121983
Book No. I ; IBP Lifetime Membership No. 9031984
Series of 2011. Baguio-Benguet