Republic of the Philippines National Capital Judicial Region

REGIONAL TRIAL COURTPasay City Branch 113

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

SPOUSES BENJAMIN M. CLARIZA and ISABELITA C. CLARIZA, Petitioners.x------------------------------------------------------x

Spec. Proc. No. R-PSAY-10-03902-CV

MOTION FOR LEAVE TO TAKE DEPOSITION OF PETITIONERS

UPON ORAL EXAMINATION

Petitioners, by counsel, respectfully state:

1. In early part of 2010, the petitioners, who migrated to the United

States in 1998, arrived in the Philippines for their yearly visit and to file and

prosecute the instant Petition for the Adoption of minor Julie Ann Clarizza,

which they filed with this Honorable Court on 24 June 2010.

2. On 12 July 2010, this Honorable Court issued an Order setting

the initial hearing of this case on 23 September 2010 at 8:30 a.m..

3. Petitioners respectfully manifest that they could not possibly

attend the hearing on 23 September 2010 and the subsequent hearings that

may be scheduled by the Honorable Court for the reception of their

testimony because they are already scheduled to leave the Philippines for

the United States on 5 AUGUST 2010.

4. Due to their predicament, the petitioners pray of this Honorable

Court that they be granted leave to take their deposition upon oral

examination pursuant to Section 1, Rule 23 of the 1997 Rules of Civil

Procedure, to wit:

“SECTION 1. Depositions pending action, when may be taken. – By leave of court after jurisdiction has been obtained over any defendant or over property which is the subject of the action, or without such leave after an answer has been served, the testimony of any person, whether a party or not, may be taken, at the instance of any party, by deposition upon oral examination or written interrogatories. The attendance of witnesses may be compelled by the use of subpoena as provided in Rule 21. Depositions shall be taken only in accordance with these Rules. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes.”

5. Section 10 and 14, Rule 23 of the 1997 Rules of Civil Procedure

provide that within the Philippines, the said deposition may be taken before

any judge, notary public, or any person authorized to administer oaths.

6. Since the Honorable Court had already obtained jurisdiction over

the person of the petitioners upon their filing of their instant Petition, they

are within their right to request for leave of court to take their testimony by

deposition upon oral examination.

PRAYER

WHEREFORE, in the interest of justice, it is most respectfully prayed

that an Order be issued by this Honorable Court allowing the petitioners to

take their testimony by deposition upon oral examination before this

Honorable Court on 29 JULY 2010 at 8:30 a.m.

Other measures of relief, just and equitable in the premises, are

likewise prayed for.

Makati City for Pasay City, 21 July 2010.

QUIAL GINEZ & BELTRAN 5/F M.G. Building, 150 Amorsolo St.

Legaspi Village, Makati City

By:

WINSTON M. GINEZRoll No. 41114

PTR No. 2118835/01-15-10/MakatiIBP No. 810214/01-08-10/Zambales

MCLE No. III-0015506/ 05-04-10/Pasig City

JOEL RAYMOND R. ARCINUERoll No. 54631

PTR No. 2118834/01-15-10/Makati CityIBP No. 810212/01-08-10/Makati City

MCLE No. III-0015410, issued on 05-04-10/ Pasig City

NOTICE OF HEARING

THE CLERK OF COURT RTC, Branch 113, Pasay CityHall of Justice, Pasay City

Greetings!

Due to the urgency of the instant Motion and it being a non-litigious motion, please submit the same for consideration and approval of the Honorable Court immediately upon receipt hereof.

JOEL RAYMOND R. ARCINUE

HON. TERESA BUENO-CABALUMTrial Prosecutor Office of the Pasay City ProsecutorHall of Justice, Pasay City

OFFICE OF THE SOLICITOR GENERAL 150 Amorsolo St., Legaspi VillageMakati City

Gentlemen:

Due to the urgency of the instant Motion and it being a non-litigious motion, please take notice that the same will be submitted for consideration and approval of the Honorable Court immediately upon receipt hereof.

JOEL RAYMOND R. ARCINUE

Copy furnished:

HON. TERESA BUENO-CABALUMTrial Prosecutor Office of the Pasay City ProsecutorHall of Justice, Pasay City

OFFICE OF THE SOLICITOR GENERAL 150 Amorsolo St., Legaspi VillageMakati City