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,

-versus-

MARIA LENI ROBREDO,

FATHER ROBREDO AND
MOTHER ROBREDO,

Respondents.
x--------------------------------------------/

PETITION

PETITIONER, RODRIGO ROA DUTERTE (“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, Cebu 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 ROBREDO-

DUTERTE as his son in his Certificate of Live Birth.

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 ROBREDO-

DUTERTE, 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 exercising 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 Appeals1, 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: admin@jpgarcialaw.com

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.
3
 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