Petition For Appointment of Guardian

REPUBLIC OF THE PHILIPPINES
6TH JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 61
Bacolod City, Negros Occidental
IN RE: PETITION FOR GUARDIANSHIP SPEC. PROC. NO.____

OF RENETH CORPUS ARCA,
FREDIE K. DY,
Petitioner.
x-----------------------------------x
PETITION
Petitioner Fredie K. Dy, unto this Honorable Court, through the undersigned
counsel, most respectfully submits this Petition and avers:
1. Petitioner Fredie K. Dy is of legal age, married, Filipino, with

residence at Villa Angela Subdivision, Brgy. Vista alegre, Bacolod
City, Negros Occidental, and is a long-time and trusted friend of the
Spouses Zen and Jao Ara. He was also the employer of Ronnie O.
Lee, the late husband of Mica J. Oro. Mica J. Oro, 85 years old,
widow, with no child, residing at Villa Angela Subdivision, Brgy.
Vista alegre, Bacolod City, Negros Occidental
2. Mica J. Oro is incapacitated by reason of age, illness due to weak

mind and body and personally admits that she cannot without outside
aid, take care of herself and manage her property and it is of her own
personal preference that the petitioner be appointed as her guardian,
copy of affidavit of Reneth Arca, Pamatuod issued y Punong
Barangay of Brgy. 4 and medical certificate are hereto attached and
marked as Annexes “A”, “B” and “C”, respectively;
3. Under Section 2, Rule 97 of the Rules of Court, the word

“incompetent” includes persons suffering the penalty of civil
interdiction or who are hospitalized lepers, prodigals, deaf and dumb
who are unable to read and write, those who are of unsound mind,
even though they have lucid intervals, and persons not being of
unsound mind, but by reason of age, disease, weak mind and other
similar causes, cannot, without outside aid, take care of themselves
and manage their property, becoming thereby an easy prey for deceit
and exploitation.
4. That Mica J. Oro is the surviving heir and widow of Ronnie O Lee the
only child of deceased Paolo Oro the absolute owner of Two Hundred
Thousand Five Hundred (200,500) square meters more or less covered
by OCT No. P-56789 which is under the Voluntary Offer to Sell
program under the Department of Agrarian Reform and Land Bank of
the Philippines, copy of the Memorandum of Valuation for Lot No.
346 and Land Owner’s Reply to Notice of Land Valuation and
Acquisition are hereto attached amd marked as Annex “D” and Annex
“E”, respectively;
5. Mica J. Oro fully trust the petitioner to process, manage and facilitate
necessary documents for the aforementioned property and one of the
requirement of the Land Bank of the Philippines is for the petitioner to
file a petition in court and be appointed as the guardian, copy of the
Declaration of Heirship and Special Power of Attorney and
Addendum and Adjudication by Sole and Only Heir with SPA are
hereto attached and marked as Annex “F” and Annex “G”,
respectively;
6. The nearest kin of Reneth Corpus Arca are the following:
a. Evan Sy her brother who is also incapacitated by illness with

address at Brgy. 5, Bacolod City;
b. Mir Sy her sister who is also incapacitated by illness with address

at Camella Subdivision, Bacolod City;
7. There is no opposition on the part of the nearest kin and relative of

Mica J. Oro because they were informed prior to the filing of this
petition as supported by the affidavits voluntarily executed by Mir Sy
and Evan Sy, copy of their respective affidavits are hereto attached
and marked as Annex “H” and Annex “I”, respectively;
8. Section 1, Rule 93 of the Rules of Court provides that any relative,

friend, or other person in behalf of a resident minor or incompetent
may petition the court having the jurisdiction for the appointment of
guardian. Due to the incapacity of Reneth Corpus Arca and limited
mobility because of her weak physical condition it is necessary and
convenient that a guardian be appointed;
9. Letters of guardianship are prayed for by petitioner, with no other

person willing and able to be her guardian as a friend who for a long
time has been taking care of her and providing for all her needs, it is
for her best interest and her own preference that petitioner be
appointed as her guardian.
PRAYER
WHEREFORE it is respectfully prayed, that after due notice and

hearing petioner be appointed guardian over the person and property of
Reneth Corpus Arca and that the corresponding letters of guardianship be
issued in favour of FREDIE K. DY,
All other relief and remedies, as may be fair and equitable under the
premises, are also most respectfully requested for.
RESPECTFULLY SUBMITTED.
Kabankalan City, Negros Occidental, Philippines,
February 20, 2019.
ATTY. CARLO MARTIN FERNANDEZ

Room 1, 143 CHAN Bldg., Guanzon St.
Bacolod City, Negros Occidental
Roll No. 89063
IBP No. 987654- January 4, 2019
PTR No. 789865-January 7, 2019
VERIFICATION AND CERTIFICATION OF

NON-FORUM SHOPPING
I, FREDIE K. DY,, of legal age, married, Filipino and a resident of

Kabankalan City, after having been sworn in accordance with law, do hereby
depose and say that:
1. I am the Plaintiff in the above-entitled case;
2. I have caused the preparation of the foregoing petition;
3. I have read the contents thereof and by reason thereof, I hereby

attest that the allegations therein are true and correct of my own
personal knowledge and based on authentic documents;
I hereby certify that I have not commenced any action or filed any
claim involving the same issues in any court, tribunal, or quasi-judicial
agency, and to the best of my knowledge, no such other action or claim is
pending thereto. If there be such other action or claim, I hereby undertake to
report the same to the Honorable Court within five days from knowledge
thereof.
IN TRUTH AND WITNESS WHEREOF, I have hereunto affixed
my hand this 20th day of February 2019 at Kabankalan City, Philippines.
FREDIE K. DY,
Affiant
SUBSCRIBED AND SWORN to before me, in the City of Bacolod,

this 20th day of February 2019, by FREDIE K. DY, exhibiting to me her
Senior Citizen ID No. 987654 issued on January 4, 2019 by the Office of the
Senior Citizen’s Affair, at Bacolod City, Negros Occidental.
Doc. No. 12; ATTY. NEIL P. NATUEL

Page No. 12; Notary Public
Book No. 2; Until December 31, 2019
Series of 2019. IBP No. 8999, 05/21/16
PTR No.13426, Bacolod City

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REPUBLIC OF THE PHILIPPINES

6TH JUDICIAL REGION

IN RE: PETITION FOR GUARDIANSHIP SPEC. PROC. NO.____

1. Petitioner Fredie K. Dy is of legal age, married, Filipino, with

2. Mica J. Oro is incapacitated by reason of age, illness due to weak

3. Under Section 2, Rule 97 of the Rules of Court, the word

6. The nearest kin of Reneth Corpus Arca are the following:

a. Evan Sy her brother who is also incapacitated by illness with

b. Mir Sy her sister who is also incapacitated by illness with address

7. There is no opposition on the part of the nearest kin and relative of

8. Section 1, Rule 93 of the Rules of Court provides that any relative,

9. Letters of guardianship are prayed for by petitioner, with no other

WHEREFORE it is respectfully prayed, that after due notice and

Kabankalan City, Negros Occidental, Philippines,

February 20, 2019.

ATTY. CARLO MARTIN FERNANDEZ

VERIFICATION AND CERTIFICATION OF

I, FREDIE K. DY,, of legal age, married, Filipino and a resident of

1. I am the Plaintiff in the above-entitled case;

2. I have caused the preparation of the foregoing petition;

3. I have read the contents thereof and by reason thereof, I hereby

SUBSCRIBED AND SWORN to before me, in the City of Bacolod,

Doc. No. 12; ATTY. NEIL P. NATUEL

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