Republic of the Philippines National Capital Judicial Region REGIONAL TRIAL COURT Pasay City Branch 113

IN THE MATTER OF THE ADOPTION OF THE MINOR, JULIE ANN COMIA CLARIZA,

Spec Proc No R-PS!"-1#-#3$#%-C&

SPOUSES BENJAMIN M. CLARIZA and ISABELITA C. CLARIZA, Pe titioners. x-----------------------------------------------------x

MOTION FOR LEAVE TO TAKE DEPOSITION OF PETITIONERS UPON ORAL EXAMINATION

Petitioners, by counsel, respectfully state'

(n early part of %#1#, the petitioners, )ho *igrated to the +nited

States in 1$$,, arri-ed in the Philippines for their yearly -isit and to file and prosecute the instant Petition for the !doption of *inor Julie !nn Clari..a, )hich they filed )ith this /onorable Court on %0 June %#1#

1n 1% July %#1#, this /onorable Court issued an 1rder setting

the initial hearing of this case on %3 Septe*ber %#1# at ,'3# a *

Petitioners respectfully *anifest that they could not possibly

attend the hearing on %3 Septe*ber %#1# and the subse2uent hearings that *ay be scheduled by the /onorable Court for the reception of their testi*ony because they are already scheduled to lea-e the Philippines for the +nited States on 5 AUGUST 2 !

3ue to their predica*ent, the petitioners pray of this /onorable

Court that they be granted lea-e to ta4e their deposition upon oral exa*ination pursuant to Section 1, Rule %3 of the 1$$5 Rules of Ci-il Procedure, to )it' 6S7C8(1N 1 Depositions pending action, when may be taken. By lea-e of court after 9urisdiction has been obtained o-er any defendant or o-er property )hich is the sub9ect of the action, or )ithout such lea-e after an ans)er has been ser-ed, the testi*ony of any person, )hether a party or not, *ay be ta4en, at the instance of any party, by deposition upon oral exa*ination or )ritten interrogatories 8he attendance of )itnesses *ay be co*pelled by the use of subpoena as pro-ided in Rule %1 3epositions shall be ta4en only in accordance )ith these Rules 8he deposition of a person confined in prison *ay be ta4en only by lea-e of court on such ter*s as the court prescribes :

Section 1# and 10, Rule %3 of the 1$$5 Rules of Ci-il Procedure

pro-ide that )ithin the Philippines, the said deposition *ay be ta4en before any 9udge, notary public, or any person authori.ed to ad*inister oaths

<

Since the /onorable Court had already obtained 9urisdiction o-er

the person of the petitioners upon their filing of their instant Petition, they are )ithin their right to re2uest for lea-e of court to ta4e their testi*ony by deposition upon oral exa*ination

PRA"ER =/7R7>1R7, in the interest of 9ustice, it is *ost respectfully prayed that an 1rder be issued by this /onorable Court allo)ing the petitioners to ta4e their testi*ony by deposition upon oral exa*ination before this /onorable Court on 2# JUL" 2 ! at ,'3# a *

1ther *easures of relief, 9ust and e2uitable in the pre*ises, are li4e)ise prayed for

?a4ati City for Pasay City, %1 July %#1#

$UIAL GINEZ % BELTRAN

;@> ? A Building, 1;# !*orsolo St Begaspi &illage, ?a4ati City By'

&INSTON M. GINEZ Roll No 01110 P8R No %11,,3;@#1-1;-1#@?a4ati (BP No ,1#%10@#1-#,-1#@Ca*bales ?CB7 No (((-##1;;#<@ #;-#0-1#@Pasig City

JOEL RA"MOND R. ARCINUE Roll No ;0<31 P8R No %11,,30@#1-1;-1#@?a4ati City (BP No ,1#%1%@#1-#,-1#@?a4ati City ?CB7 No (((-##1;01#, issued on #;-#0-1#@ Pasig City

NOTICE OF HEARING

THE CLERK OF COURT R8C, Branch 113, Pasay City /all of Justice, Pasay City AreetingsD 3ue to the urgency of the instant ?otion and it being a non-litigious *otion, please sub*it the sa*e for consideration and appro-al of the /onorable Court i**ediately upon receipt hereof JOEL RA"MOND R. ARCINUE

HON. TERESA BUENO'CABALUM 8rial Prosecutor 1ffice of the Pasay City Prosecutor /all of Justice, Pasay City OFFICE OF THE SOLICITOR GENERAL 1;# !*orsolo St , Begaspi &illage ?a4ati City Aentle*en' 3ue to the urgency of the instant ?otion and it being a non-litigious *otion, please ta4e notice that the sa*e )ill be sub*itted for consideration and appro-al of the /onorable Court i**ediately upon receipt hereof JOEL RA"MOND R. ARCINUE

Copy furnished' HON. TERESA BUENO'CABALUM 8rial Prosecutor 1ffice of the Pasay City Prosecutor /all of Justice, Pasay City OFFICE OF THE SOLICITOR GENERAL 1;# !*orsolo St , Begaspi &illage ?a4ati City