Formal Offer of Evidence Sample Form

September 16, 2017 | Author: Rommel Tottoc | Category: Judgment (Law), Divorce, Government Information, Government, Politics
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Formal Offer...

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Tepublic of the Philippines REGIONAL TRIAL COURT 7th Judicial Region RTC Branch No. 56 Mandaue City (Mr) XXX Smith, Petitioner, - versus SP No. ____________ For Judicial Recognition and/or Enforcement of Foreign Judgment of Divorce (Mrs.) YYY Smith, and/or The Civil Registrar General represented by Carmelita N. Ericta, and/or the Local Civil Registrar of Mandaue City Respondent. x- - - - - - - - - - - - - - - - - -x FORMAL OFFER OF EXHIBITS COMES NOW, petitioner, through the undersigned counsel and unto this Honorable Court, most respectfully submits this Formal Offer of Exhibits, to wit:

Exhibit

Document

Purpose

“A”

Petition

To prove that it is the Petitioner who actually filed this in court and that he narrated the circumstances

and grounds for judicial recognition and/or enforcement of foreign judgment and the relief prayed for. To prove that this petition was commenced by the petitioner himself. “A-1”

Signature of the Petitioner

B

Order for Hearing

B-1

Copy furnished to the Mandaue City Local Civil Registrar, petitioner’s counsel, Office of the Solicitor General and the National Statistics Office

To prove that the Court issued an Order setting the case for initial hearing on _____________. To prove that a copy of the Order was furnished to the Mandaue City Local Civil Registrar, petitioner’s counsel, Office of the Solicitor General and the National Statistics Office

To prove that it was personally received by the Mandaue City Receipt by Mandaue City Local Civil Registrar Local Civil Registrar B-2 Registry receipt to petitioner’s counsel

To prove that a copy of the order was served by registered mail to the petitioner’s counsel

Registry receipt to the

To prove that a copy of the order was served by registered mail to

B-3

Office of the Solicitor General

the Office of the Solicitor General

B-4

Registry Receipt to the National Statistics Office

To prove that a copy of the order was served by registered mail to the National Statistics Office

B-5

C

C-1

C-2

Compliance dated ________________

Registry Receipt to the Office of the Solicitor General

Registry Receipt to the Civil Registrar General

To prove that a copy of the petition was served to the Office of the Solicitor General, the Mandaue City Local Civil Registrar, the Office of the Civil Registrar General and the private respondent (Mrs.) YYY Smith

To prove that the copy was duly sent by registered mail to the Office of the Solicitor General To prove that the copy was duly sent by registered mail to the Office of the Civil Registrar General To prove that the copy was duly

C-3

Personal Receipt by the Office of the Mandaue City Prosecutor

served and received by personal service the Mandaue City Prosecutor

Personal Receipt by the Mandaue City Civil Registrar

To prove that the copy was duly served and received by personal service to the Mandaue City Civil Registrar

Personal Receipt by private respondent Mrs. YYY Smith

To prove that a copy was duly served and received by personal service to private respondent Mrs. YYY Smith

Notice of Appearance from the Office of the Solicitor General

To prove that the Office of the Solicitor General entered its appearance in this instant case.

D-1

Letter of Authority

To prove that the Office of the Solicitor General authorized the Mandaue City Prosecutor’s Office to appear in its behalf.

E

Affidavit of publication executed by _________of ZZZ Daily

C-4

C-5

D

Newspaper clipping dated __________ E-1

To prove that the Order and Notice for Hearing was duly published in a newspaper of general circulation, ZZZ Daily

To prove that the Order and Notice of hearing was published on

_________ of ZZZ Daily. Newspaper clipping dated __________ E-2

Newspaper clipping dated ____________

To prove that the Order and Notice of hearing was published on ______ of ZZZ Daily. To prove that the Order and Notice of hearing was published on ___________ of ZZZ daily.

E-3 F

Judicial Affidavit of Mr. XXX Smith

To narrate the facts and circumstance regarding their marriage and the divorce between petitioner and respondent. To prove that he duly executed the affidavit.

F-1

Signature of Mr. XXX Smith

G

Marriage Certificate

To prove that Mr. XXX Smith was married to Mrs. YYY Smith on ____________ in Mandaue City

H

Birth Certificate

To prove that during their marriage, they have a child named _______________ who was born on _______________ in Mandaue City

I

DFA Manila

To prove that Department of

I-1

Authentication Certificate of the Interlocutory Judgment of Divorce

Foreign Affairs in Manila authenticated the Certificate of Authentication issued by the Philippine Consulate in ______.

Certificate of Authentication by the Philippine Consulate in ___________

To prove that the Philippine Consulate of ________ authenticated that Mr. A was the deputy clerk of the Superior Court of _________ at the time he executed the certified true copy of the Interlocutory Judgment of Divorce

I-2

J

J-1

Interlocutory Judgment of Divorce by the Superior Court of ___________

Certificate of authentication by the Philippine Consulate in __________

Certificate of the Compiler of Laws

To prove that petitioner obtained an Interlocutory Judgment of Divorce by the Superior Court of __________

To prove that the Philippine Consulate of authenticated that Ms. B was the ___ Compiler of Laws at the time she executed the Certificate attached as Exhibit J-1. To prove that the _____ Code Annotated published at the Compiler of Laws website is the official publication of the codified laws of .

________________

J-2

Title 19, Personal Relations, of the ___ Code Annotated

K

Certificate of Authentication by the Philippine Consulate in_______

To prove that Title 19, Personal Relations, of the ___ Code Annotated allows divorce and that one of the grounds is irreconciliable differences and that it provides for the proceedings on divorce. To prove that the Philippine Consulate of ____ authenticated that Mr. A was the deputy clerk of the Superior Court of _____ at the time he executed the certified true copy of the Final Judgment of Divorce of the petitioner and private respondent.

K-1

L

Final Judgment of Divorce dated ___________

US Passport of Mr. XXX Smith

To prove that a Final Judgment of Divorce between petitioner and private respondent was issued by the Superior Court of __ dated ______________on the ground of irreconcilable differences and that parties are restored to the status of single persons and that either of them are permitted to marry. To prove that the petitioner Mr. XXX Smith is an American citizen

Exhibits “A” to “E” and their sub-markings are attached to the records of the case, while Exhibits “F” to “L” and their submarkings are herein attached to the Offer for the Court. RESPECTFULLY SUBMITTED.

Cebu City, Philippines, __________________.

LEPITEN AND BOJOS LAW OFFICE Counsels for Petitioner 21-F Don Pedro Rodriguez St., Capitol Site, Cebu City, Philippines By:

ATTY. ANNA FIONAH L. BOJOS MCLE Compliance No. IV-0008105 Sept. 26, 2012 Roll No. 54798 PTR NO. 137366, January 3, 2013, Cebu City IBP No. 882818 Lifetime Cebu City Tel. No. (6332)2548005 Email: [email protected] gmail. com

Copy furnished: The Solicitor General Office of the Solicitor General 134 Amorsolo St. Legaspi Village 1229 Makati City

Registry Receipt No. ______ Date: _________

Office of the City Prosecutor Hall of Justice Mandaue City Received by: ______ Date: __________ Carmelita N. Ericta Civil Registrar General National Statistics Office Ground Floor, Solicarel Building I Ramon Magsaysay Blvd., Sta. Mesa Manila Registry Receipt No. _________ Date: ____________

Ms. Thelma Crisologo Mandaue City Civil Registrar Mandaue City Health Building Mandaue City Registry Receipt: __________ Date: _______________ Mrs. YYY Smith Mandaue City Registry Receipt: _______ Date: _____________

EXPLANATION Service of pleading is done by registered mail to the Office of the Solicitor General, the Civil Registrar General , Mandaue City Local Civil Registrar and the private respondent due to the distance and lack of office personnel to effect personal service. Atty. Anna Fionah L. Bojos

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