Republic of the Philippines REGIONAL TRIAL COURT OF MISAMIS ORIENTAL 10th u!ici"l Re#ion $RANC% && Gin#oo# Cit'
MAR( O( FATIMA S) $ACONG* SPL) SPL) PROCS) PROCS) &&&&&&&&) +fo, "n! in beh"lf beh"lf of -.'e", -.'e", ol! CORPUS) ino, C%ARLENE $ACONG Petitioner,
NO) NO)
Fo,/ %A$EAS %A$EAS
. 2e,sus . LOUIE G) CONTRERAS "n! "ll Pe,sons "ctin# in his beh"lf* Respondent. 3................................................4
PETITION
COME COMES S NO5 NO5 Pet etit itio ione ner, r, by coun counse sel, l, and and unto unto this this Honorable Court most respectfully avers: 1. That Petiti Petitioner oner is of legal legal age, Filipin Filipino, o, with address address at 1 !ugod "t., #rgy. 1$, %ingoog City, &isamis 'riental, whil while e (es espo pond nden entt is of lega legall age, age, Filip ilipin ino o and and wi with th address at )nday (eformina*s (esidence, +elima "treet, %ing %i ngoo oog g Ci City ty,, &isa &isami mis s 'rie 'rient ntal al,, and and at his his par parents ents** residence in Poblacion, Catarman, Camiguin Province, where they may respectively be served with summons and other processes of this Honorable Court -. That Petitioner &ary oy Fatima ". #acong is the biological mother of the herein minor child CH/(!00 #/C'%, who was born on -- ovember -22. Petitioner bore and gave birth to sub3ect minor child
when she was still twenty 4-25 years old and single. / copy of the Certi6cate of !ive #irth of minor child Charlene #acong is hereto attached and mar7ed as /nne8 9/ of this Petition, with sub;mar7ings $. That (espondent is in unlawful custody of and is restraining the liberty of abode and movement of the minor child sub3ect of this petition <. That herein minor child was under Petitioner*s actual and physical custody from birth and with e=ective and social custody up to &arch -21<. 'n "eptember -22>, petitioner left for Canada to wor7 but she comes home to %ingoog City almost every year to ta7e care of her minor child Charlene. )f she is in Canada, the minor child was left with Petitioner*s sister named ?uennie ane #acong and her step;mother named 0ditha #acong who lives in Tuto 08tension, %ingoog City and was also ta7en cared of concurrently by petitioner*s cousin, uvelyn +e@a, who lives in Puro7 -, !unao, %ingoog City. Petitioner continues to provide for all the 6nancial support of her child as respondent do not have a stable 3ob . That on 1< une -211, Petitioner came home to the Philippines and got married to (espondent !ouie %. Contreras whom she had been in a relationship with even before she wor7ed abroad A. That a month after getting married, Petitioner had to go bac7 to Canada for wor7. The minor child was thereafter left with Petitioner*s sister and step;mother mentioned above but one time petitioner*s husband too7 the minor child with him with a promise to bring the child bac7 home soon. However, petitioner*s husband, herein respondent, un3ustly refused to return the child to herein petitioner despite repeated demands B. #y way of unfortunate history in this case, Petitioner and (espondent*s relationship started to get awry a little over a year ago as they had freuent uarrels about things over the phone, often about the fact that (espondent does not contribute reasonably in the 6nancial support of the family. )t was also about this time that Petitioner felt that her child was manipulated and brain;washed by respondent and was prevented
from tal7ing to her and was clearly being alienated from her. "adly, (espondent lost contact with her minor child as of last year
>. That on 1 /pril -21, Petitioner came home to the Philippines. The day after, Petitioner came to (espondent loo7ed for her minor child in %ingoog City and loo7ed for the child at respondent*s close relative in %ingoog City but she was not able to 6nd her child. / determined e=ort was e8erted to 6nd her lost child and she eventually came to Camiguin to see if her child is in respondent*s father*s house in Catarman, Camiguin, and she found her child there. However, respondent refused to let Charlene to get near her mother and petitioner was forced to get the help of the police and respondent was called to the Catarman Police "tation, where he went to with the minor child. )n the course of the discussion with petitioner*s insistence that she get bac7 custody of her child, respondent pretended to go with the child to get food for lunch but he never came bac7 again and petitioner never saw again respondent and her minor daughter Charlene up to this day. The child was intentionally 7ept in custody of respondent and 7ept from the custody and care of petitioner, the minor being apparently 7idnapped and detained against her will and against the will of her biological mother, and the freedom of movement, abode and travel of the minor had been unlawfully restrained and restricted by respondent. Hence, this petition. D. )n general, Petitioner was surprised by (espondent*s actuations and thereafter pleaded the latter to allow her to be with her daughter even if their marriage would not wor7 out anymore. (espondent still unlawfully refused to return custody and care of the minor child to petitioner and petitioner was forced to record the illegal acts of respondent into the Police #lotter of the Catarman Police "tation. / copy of the Police #lotter is hereto attached as /nne8 9# hereof 12. That until this day, the minor child sub3ect of this Petition is prohibited by (espondent to go with her mother and is even prohibited to tal7 to her by phone. The liberty of travel and movement of the minor child is so restricted that she is in the nature or circumstance now a7in to 7idnapping as she is detained by
Petitioner*s husband up to the present in a place in %ingoog City, as of the last 7nowledge of petitioner, or in any other place in the Philippines, all to the detriment of the health, general well;being and nutrition of the minor child.
PRA(ERS 5%EREFORE* premises considered, it is most respectfully prayed of this Honorable Court that, in view of the e8treme urgency of this petition, a Erit of Habeas Corpus issue commanding (espondent to bring to court immediately the living body of Charlene #acong 4eight >G years old5, and to e8plain to the court the cause of her detention and to 6nally order her release from unlawful con6nement and unto the custody of the petitioner. 'TH0( (0!)0F" 3ust and euitable are li7ewise prayed for. -- /pril -21<. Cagayan de 'ro City, for %ingoog City.
ALEAN6RO OSE C) PALLUGNA Counsel for Petitioner
PALLUGNA LA5 OFFICE #orromeo #ldg., Tomas "aco "t, Cagayan de 'ro City /ttorney*s (oll o. $BD>< )#P o. D<-$1 41--$1$5 &is. 'r. Chapter PT( o. -2-<2D 41--$1$5 )ssued both in Cagayan de 'ro City &C!0 Comp. o. )));222$B> 4121A2D5 Tel. o. 42>>5 >B;1>A< Cellphone o. 2D-1;$-A;B<$<