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Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


10th Judicial Region
BRANCH __
Gingoog City

MARY JOY FATIMA S. BACONG,


SPL. PROCS. NO.
________.
[for and in behalf of 8-year old For: HABEAS
CORPUS.
minor CHARLENE BACONG]
Petitioner,

- versus -

LOUIE G. CONTRERAS and all


Persons acting in his behalf,
Respondent.
x------------------------------------------------/

PETITION

COMES NOW Petitioner, by counsel, and unto this


Honorable Court most respectfully avers:

1. That Petitioner is of legal age, Filipino, with address at


51 Lugod St., Brgy. 13, Gingoog City, Misamis Oriental,
while Respondent is of legal age, Filipino and with
address at Inday Reforminas Residence, Delima Street,
Gingoog City, Misamis Oriental, and at his parents
residence in Poblacion, Catarman, Camiguin Province,
where they may respectively be served with summons
and other processes of this Honorable Court;

2. That Petitioner Mary Joy Fatima S. Bacong is the


biological mother of the herein minor child CHARLENE
BACONG, who was born on 22 November 2005.
Petitioner bore and gave birth to subject minor child
when she was still twenty (20) years old and single. A
copy of the Certificate of Live Birth of minor child
Charlene Bacong is hereto attached and marked as
Annex A of this Petition, with sub-markings;

3. That Respondent is in unlawful custody of and is


restraining the liberty of abode and movement of the
minor child subject of this petition;

4. That herein minor child was under Petitioners actual


and physical custody from birth and with effective and
social custody up to March 2014. On September 2008,
petitioner left for Canada to work but she comes home
to Gingoog City almost every year to take care of her
minor child Charlene. If she is in Canada, the minor
child was left with Petitioners sister named Quennie
Jane Bacong and her step-mother named Editha Bacong
who lives in Tuto Extension, Gingoog City and was also
taken cared of concurrently by petitioners cousin,
Juvelyn Dea, who lives in Purok 2, Lunao, Gingoog City.
Petitioner continues to provide for all the financial
support of her child as respondent do not have a stable
job;

5. That on 14 June 2011, Petitioner came home to the


Philippines and got married to Respondent Louie G.
Contreras whom she had been in a relationship with
even before she worked abroad;

6. That a month after getting married, Petitioner had to go


back to Canada for work. The minor child was thereafter
left with Petitioners sister and step-mother mentioned
above but one time petitioners husband took the minor
child with him with a promise to bring the child back
home soon. However, petitioners husband, herein
respondent, unjustly refused to return the child to
herein petitioner despite repeated demands;

7. By way of unfortunate history in this case, Petitioner


and Respondents relationship started to get awry a
little over a year ago as they had frequent quarrels
about things over the phone, often about the fact that
Respondent does not contribute reasonably in the
financial support of the family. It was also about this
time that Petitioner felt that her child was manipulated
and brain-washed by respondent and was prevented
from talking to her and was clearly being alienated from
her. Sadly, Respondent lost contact with her minor child
as of last year;

8. That on 15 April 2015, Petitioner came home to the


Philippines. The day after, Petitioner came to
Respondent looked for her minor child in Gingoog City
and looked for the child at respondents close relative in
Gingoog City but she was not able to find her child. A
determined effort was exerted to find her lost child and
she eventually came to Camiguin to see if her child is in
respondents fathers 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 Station,
where he went to with the minor child. In the course of
the discussion with petitioners insistence that she get
back custody of her child, respondent pretended to go
with the child to get food for lunch but he never came
back again and petitioner never saw again respondent
and her minor daughter Charlene up to this day. The
child was intentionally kept in custody of respondent
and kept from the custody and care of petitioner, the
minor being apparently kidnapped 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.

9. In general, Petitioner was surprised by Respondents


actuations and thereafter pleaded the latter to allow
her to be with her daughter even if their marriage
would not work out anymore. Respondent 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
Blotter of the Catarman Police Station. A copy of the
Police Blotter is hereto attached as Annex B hereof;

10. That until this day, the minor child subject of this
Petition is prohibited by Respondent to go with her
mother and is even prohibited to talk 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 akin to kidnapping as she is detained by
Petitioners husband up to the present in a place in
Gingoog City, as of the last knowledge 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.

PRAYERS

WHEREFORE, premises considered, it is most


respectfully prayed of this Honorable Court that, in view of
the extreme urgency of this petition, a Writ of Habeas Corpus
issue commanding Respondent to bring to court immediately
the living body of Charlene Bacong (eight [8] years old), and
to explain to the court the cause of her detention and to
finally order her release from unlawful confinement and unto
the custody of the petitioner.

OTHER RELIEFS just and equitable are likewise prayed


for.
22 April 2014. Cagayan de Oro City, for Gingoog City.

ALEJANDRO JOSE C. PALLUGNA


Counsel for Petitioner
PALLUGNA LAW OFFICE
Borromeo Bldg., Tomas Saco St, Cagayan de Oro City
Attorneys Roll No. 37984
IBP No. 945231 (12/23/13) Mis. Or. Chapter
PTR No. 2502409 (12/23/13)
Issued both in Cagayan de Oro City
MCLE Comp. No. III-0005378 (10/16/09)
Tel. No. (088) 857-1864
Cellphone No. 0921-326-7434