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This document is a petition for a writ of habeas corpus filed in a Philippine regional trial court by Laging Iniiwan seeking custody of her 4-year old daughter Batang Iniiwan. Laging alleges that respondents Loloy Iniiwan (Batang's father) and Lola Intrimitida (Loloy's mother) have unlawfully withheld Batang from her custody since June 2017. The petition requests an order for respondents to bring Batang to court so that her custody can be transferred to Laging as the child's mother.
This document is a petition for a writ of habeas corpus filed in a Philippine regional trial court by Laging Iniiwan seeking custody of her 4-year old daughter Batang Iniiwan. Laging alleges that respondents Loloy Iniiwan (Batang's father) and Lola Intrimitida (Loloy's mother) have unlawfully withheld Batang from her custody since June 2017. The petition requests an order for respondents to bring Batang to court so that her custody can be transferred to Laging as the child's mother.
This document is a petition for a writ of habeas corpus filed in a Philippine regional trial court by Laging Iniiwan seeking custody of her 4-year old daughter Batang Iniiwan. Laging alleges that respondents Loloy Iniiwan (Batang's father) and Lola Intrimitida (Loloy's mother) have unlawfully withheld Batang from her custody since June 2017. The petition requests an order for respondents to bring Batang to court so that her custody can be transferred to Laging as the child's mother.
REGIONAL TRIAL COURT Branch 19 Bacoor City, Cavite
Laging Iniiwan y Umalis,
Petitioner, SPEC. PROC. CASE NO. For: Habeas Corpus -versus-
Loloy Iniiwan y itrimitida
and Lola Intrimitida Respondents. x-------------------------------------------------x
PETITION
COMES NOW, the Petitioner, by the undersigned
counsel, and unto this Honorable Court respectfully represents:
1. Petitioner Laging Iniiiwan is of legal age, married to
respondent, and resident of Kenssington 17 Blck 12 Lot 9, Lancaster City Brgy. Navarro, General Trias, Cavite.
2. Respondent Loloy Iniiwan is of legal age and resident
of Blk 6 Lot 5 Palermo St. Villa Lessandra Camella Homes, Bacoor City. Respondent Geldelina D. Abundo is the mother of Loy D. Abundo, of legal age and resides in the same address.
3. Petitioner is the mother and respondent Laging iniiwan
Abundo is the father of Bsatang Iniiwan, four years old. Under Article 213 of the Family Code of the Philippines no child under seven years of age shall be separated from the mother unless the court finds compelling reasons to order otherwise.
(Copies of the Marriage Certificate and Certificate of
Live Birth are hereto attached as Annexes “A” and “B”)
4. Batang Iniiwan is presently in the custody of
respondents who abducted her and until now restrains her liberty. Respondents had since 1 June 2017 concealed Batang Iniiwan and unlawfully withheld from petitioner of her rightful custody of her child.
5. Despite demands, respondents refuse and
continuously refuse to turn over the custody of the Batang Iniiwan to the petitioner.
6. WHEREFORE, it is respectfully prayed that an order be
issued to respondents to bring the minor Batang Iniiwan to this Honorable Court at the hour and date to be set by this Honorable court, and thereafter that the custody of the minor Chinchin be turned over to the petitioner as a matter of right.
Other reliefs just and equitable are likewise prayed for.
Most respectfully submitted.
Manila to Bacoor City, 11 September 2017.
Celestino Pascual and Rocha Law Firm
Counsel for Petitioner Unit No. 302, Mario Co Bldg., No 1945 M. Adriatico St., Malate, Manila
By:
Atty. Charlie DC Pascual
Roll No. 61297 IBP No. 105597 1/4/17 PTR No. 1061692 1/4/2017 MCLE Compliance No. V-0004479 Mobile No. 09988658919
VERIFICATION AND CERTIFICATION AGAINST
FORUM- SHOPPING
I, Laging Iniiwan , of legal age, married and resident of
Kessington 17 Blck 12 Lot 9, Lancaster City Bargy. Navarro, General Trias, Cavite under oath declare, that:
I am the petitioner in the above-entitled case; I have
caused the preparation of the foregoing Petition for Habeas Corpus and I have read the same and the contents of which are true and correct of our own knowledge and/or on the basis of authentic documents.
Except for the pending case before the Regional Trial
Court Branch 19 of the Province of Cavite entitled Loy Iniiwan and Lola Intirmitida, petitioners v. LAging Iniiwan, respondent,, for Custody of Minor, I have not commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of my knowledge, no such other action or claim is pending therein; that if there is such other pending action or claim pending therein, I undertake to make a complete statement of the present status thereof, and if I should thereafter learn the same or similar action or claim has been filed or is pending, I shall duly report that fact within five (5) days therefrom to the court/tribunal wherein this petition has been filed.
IN WITNESS WHEREOF, I have hereunto set my hands
this _________________, at ______________________.
Laging Iniiwan, Affiant-Petitioner
Republic of the Philippines)
____________________) SS
SUBSCRIBED AND SWORN TO BEFORE ME This __________________
at _____________________, Affiants exhibiting me their competent respective evidence of identity ___________________________________, issued on ___________________________ at __________________________.