REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7th
JUDICIAL REGION
BRANCH ___, CEBU CITY

IN RE: PETITION FOR APPOINTMENT

AS LEGAL GUARDIAN OF MINOR SP. PROC. NO.
PAYEENG LECHUGAS

ABIGAIL SY,
Petitioner.
x------------------------------------------------x

PETITION

PETITIONER ABIGAIL SY, through counsel, unto this Honorable Court,

most respectfully states that:

1. Petitioner is Filipino, 35 years old, single and a resident of Room 403,

P. del Rosario Street, Cebu City, Cebu;

2. Petitioner is the sister of XANDER LECHUGAS, husband of CHARICE

LECHUGAS, hereto referred as “spouses”, who both died during a
car crash on January 2, 2018. Attached is a copy of their Certificate
of Marriage marked as Annex “A”. A copy of the Certificate of Death
of XANDER LECHUGAS and CHARICE LECHUGAS, are attached
hereto as Annex “B” and Annex “C”, respectively;

3. During their marriage, they have been living with me because my

house is in the heart of the city. They had a child named PAYEENG
LECHUGAS, who is 3 years old and currently residing with me at
Room 403, P. del Rosario Street, Cebu City, Cebu. Copy of her birth
certificate is attached hereto as Annex “D”;

4. During the lifetime of the spouses, they acquired insurance policies.

Insurance proceeds from AXA Philippines amounted to P1,000,000;

5. The abovementioned property is now owned by the minor;

6. It is necessary that a guardian be appointed over the person and

estate of the said minor;

7. Petitioner, being the aunt of the minor, is ready, willing and able to
undertake the duties of such trust, with full responsibility to
administer and utilize the proceeds solely for the benefit of this
minor child.
 PRAYER

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that, after due notice and hearing and filing of a bond in such
reasonable sum as the Honorable Court may direct, a judgment be rendered
as follows:

a. Appointing Petitioner ABIGAIL SY as the true and lawful guardian of

minor PAYEENG LECHUGAS.
b. Issuing Letters of Guardianship in favor of Petitioner ABIGAIL SY.

Other orders and reliefs as may be just and equitable within the
premises are likewise prayed for.

6th of February, 2018, Cebu City, Philippines.

By:

ATTY. NIGEL ANGELICA GONZAGA

Counsel for Petitioner
Rm. 501 C2 bldg. IT Park, Cebu City
Roll of Attorney No. 67821
IBP Lifetime No. 09162/Issued on January 3, 2010
PTR No. 6453728/Issued on January 10, 2018
MCLE Compliance Certificate No. VI-0006273/31 Jan 2018
Republic of the Philippines)
City of Cebu) S.S

VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

I, ABIGAIL SY, Filipino, of legal age, single and a resident of Room 403,
P. del Rosario Street, Cebu City, Cebu, after having been sworn in accordance
with law, hereby depose and say that:

1. I am the Petitioner in the present Petition for APPOINTMENT AS LEGAL

GUARDIAN OF MINOR PAYEENG LECHUGAS;

2. That I have caused the preparation of the foregoing Petition and I have
read the allegations therein and certify that the same is true and
correct of my own personal knowledge;

3. That I have not theretofore commenced any other action or

proceedings or filed any claim involving the same issues or matter in
any court, tribunal, or quasi-judicial agency and to the best of our
knowledge, no such action or proceeding is pending therein;

4. That if I should thereafter learn that a similar action or proceedings has

been filed or is pending before that Supreme Court, the Court of
Appeals, or any tribunal or quasi-judicial agency, I undertake to report
such fact within five (5) days therefrom to this Honorable Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 6th

of February, 2018 at Cebu City, Philippines.

ABIGAIL SY
Petitioner

SUBSCRIBED AND SWORN TO before me, this 6th of February, 2018, in

the City of Cebu by ABIGAIL SY, with Voter’s ID No. 030746283, issued on
January 17, 2001 at Cebu City, known to me as the same person who
personally signed the foregoing instrument before me and avowed under
penalty of law to the whole truth of the contents of said instrument.
WITNESS MY HAND AND SEAL this February 6, 2018 Cebu City, Philippines.

MARLOU ARIZALA
Doc. No.___ Notary Public
Page No.___ Regional Trial Court of Cebu City, San
Fernando and Carcar, Philippines
Book No.___ Commission No. 09-56 UNTIL 12/31/18
Series of 2018 RM. 501, SM Seaside, Cebu City
Roll of Attorney’s No. 87753
IBP No. 46637, Cebu City, 01/06/18
PTR No. 0097621, Cebu City, 01/06/18