FORM: PETITION FOR HABEAS CORPUS

Republic of the Philippines

National Capital Judicial Region
Regional Trial Court of Manila
Branch

JANE DELA CRUZ

Petitioner,

-versus- For: Writ of Habeas Corpus

Case No.
MARIO MALUNGKOT,
Respondent.

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PETITION

COMES NOW, the Petitioner and to this Honorable Court, by the undersigned counsel, most respectfully
alleges:

1. Petitioner JANE DELA CRUZ is a Filipina, of legal age, and a resident of ________________.
2. Respondent MARIO MALUNGKOT is a Filipino, of legal age, and a resident of _____________
where he may be served summons and other processes.
3. Petitioner and the respondent are not married but they are the natural parents of MARIA DELA CRUZ,
which was born on April 1, 2008. A copy of her certificate of live birth is hereby attached as ANNEX
“A” and forms an integral part of this petition.
4. On or about March 20, 2010, petitioner allowed the respondent to visit minor child Maria. From the
time she was born up until that point, petitioner had custody of the minor with the full consent of
respondent.
5. Unfortunately, respondent, since the has not returned the child to petitioner’s custody. She asked
respondent several times to return the child to her custody, but to no avail. The last was made by a
demand letter thru counsel demanding him to return the child to her custody. A copy of this Letter is
attached as ANNEX “B” and forms as an integral part of this petition.
6. Recently, respondent has stopped communicating with the petitioner. She refused to answer
petitioner’s phone calls neither responded to her text messages. To date, he failed and refused, and
continues to fail and refuse, to return the minor child to her custody.
7. Petitioner, under the law, has the rightful custody over her illegitimate child based on Article 176 of
the Family Code where it expressly declares that an illegitimate children shall be under the parental
authority of their mother. Considering the fact that respondent is withholding the rightful custody of
the child from herein petitioner, the latter is entitled to seek remedy by way of a petitioner for the
issuance of writ of habeas corpus.

WHEREFORE, premises considered, petitioner humbly prays for the following:

1. Immediately upon filing of this PETITION, direct respondent and all other persons acting on
his behalf to –
 a. Produce the person of minor child Maria dela Cruz before this court at such time and place
that this court may specify; and
b. Show cause form withholding from Jane dela Cruz her rightful custody over the child Maria
dela Cruz; and

2. After hearing, a WRIT OF HABEAS CORPUS be issued ordering petitioner Mario Malungkot
to immediately return the custody of Maria dela Cruz to petitioner.

Petitioner also prays for such reliefs just and equitable under the circumstances.

September 4, 2014, Quezon City

JUAN DELA CRUZ

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