REPUBLIC OF THE PHILIPPINES Regional Trial Court 7th Judicial Region Branch ___, Cebu City
IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF PANTALEON ROBREDO-DUTERTE SPECIAL PROCEEDING NO. XXXXXXXXXX RODRIGO ROA DUTERTE, Petitioner,
-versusMARIA LENI ROBREDO, FATHER ROBREDO AND MOTHER ROBREDO,
Respondents. x--------------------------------------------/
PETITION
PETITIONER, RODRIGO ROA DUTERTE (“Petitioner (“Petitioner ”), ”), through the undersigned counsel and unto this Honorable Court most respectfully states that: PARTIES
1. Petitioner is of legal age and a resident of Barangay Duterte, Davao City. 2. Respondent MARIA LENI ROBREDO is of legal age with last known address at Great World City East Tower Singapore, Singapore 237994. 3. Respondents FATHER ROBREDO and MOTHER ROBREDO are both of legal age, spouses, with last known address at Robredo Building, N. Bacalso Avenue, Avenue, Cebu City. City.
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STATEMENT OF FACTS
4. Petitioner and MARIA LENI ROBREDO were boyfriend and girlfriend before. 5. The plan of Petitioner and MARIA LENI ROBREDO to get married did not materialize. 6. On August 8, 2014, PANTALEON ROBREDO-DUTERTE was born of out wedlock. (A copy of the certified true copy of the Certificate of Live Birth is attached hereto as Annex “A”). 7. Petitioner acknowledged PANTALEON DUTERTE as his son in his Certificate of Live Birth.
ROBREDO-
8. During the birth of PANTALEON ROBREDO-DUTERTE, Petitioner was the one who paid for the hospital expenses. 9. In fact, since the birth of PANTALEON ROBREDODUTERTE, Petitioner was supporting him until he was hidden from him. 10. Thereafter, it came to Petitioner’s knowledge and information that MARIA LENI ROBREDO left for Singapore to work there, leaving behind PANTALEON ROBREDO-DUTERTE in the custody of Respondents FATHER ROBREDO and MOTHER ROBREDO. 11. Since MARIA LENI ROBREDO is absent while Petitioner is present in the Philippines, he is the one entitled to have custody of PANTALEON ROBREDO-DUTERTE. 12.
Article 212 of the Family Code provides:
“In case of absence or death of either parent, the parent present shall continue exer cising parental authority.” 13.
Article 216 of the Family Code provides:
“In default of parents or a judicially appointed guardian, the following persons shall exercise substitute parental authority over the child in the order indicated: (1)
The surviving grandparent, as provided in Article
214. xxx”
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14. In the case of Santos, Sr. vs. Court of Appeals 1, the Supreme Court held since the mother of the minor child was working in the United States but the father was present in the Philippines, the father should constitute exercising parental authority and that the grandparents could not exercise substitute parental authority. PRAYER
WHEREFORE, in view of the foregoing, it is most respectfully prayed that: 1. A writ of Habeas Corpus be issued against Respondents FATHER ROBREDO and MOTHER ROBREDO, directing them to bring the body of PANTALEON ROBREDO-DUTERTE before this Honorable Court at the time and place specified in the Order; and 2. Judgment be rendered granting Petitioner custody and parental authority over PANTALEON ROBREDO-DUTERTE. Petitioner further prays for such other relief as may be just and equitable under the circumstances. Cebu City, Philippines. March 4, 2016. RESPECTFULLY SUBMITTED.
J.P. GARCIA AND ASSOCIATES Counsel for RODRIGO ROA DUTERTE Units 1501-1502, 15th Floor Ayala Life-FGU Center Mindanao Avenue cor. Biliran Road Cebu Business Park, Cebu City E-mail:
[email protected]
By:
JOAN A. GIDUQUIO-BARON Roll of Attorneys No.: 41829 IBP No.: 1014730; 1/4/2016; Cebu City PTR No.: 874058; 1/5/2016; Cebu City MCLE Compliance No.: V-0011654; 11/25/2015
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242 SCRA 407, 412.
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KRISBEN ZILNER P. BUOT Roll of Attorneys No.: 63880 IBP No.: 1014731; 1/4/2016; Cebu City PTR No.: 874056; 1/5/2016; Cebu City MCLE Exempt: Admitted to the Bar April 2015
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