Republic of the Philippines

REGIONAL TRIAL COURT

Branch 1
Butuan City

IN RE: IN THE MATTER OF

PETITION FOR INVOLUNTARY
COMMITMENT OF THE FOLLOWING
MINORS:

SPEC. PROC. NO. ______________

BILLY JOE J. MENDEZ;

JOSHUA J. MENDEZ;
MAXINE HRSHYS J. MENDEZ;
KSHLEY KIA J. MENDEZ;
ISABELLA MARIE M. GULTIANO

DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
FIELD OFFICE CARAGA REGION
Represented by MITA CHUCHI
GUPANA-LIM
Petitioner
X-------------------------------------------x

PETITION
Petitioner, Department of Social Welfare and Development Field Office CARAGA
Region (hereinafter referred to as DSWD CARAGA), through counsel, most respectfully
states that:

1. Petitioner DSWD CARAGA is a government agency mandated by law to look

after the best interest and welfare of the children in need of special protection.
It can be served with summons at its office located at the Capitol Site, Butuan
City. it is duly represented in this petition by MITA CHUCHI GUPANA-LIM, its
OIC-Regional Director;

2. On March 28, 2019, the LGU Social Worker informed the RRPTP Social Worker
about a possible trafficking in person case reported by Isabella Marie M.
Gultiano, a 12-year old female of Butuan City. The said minor disclosed that her
aunt, MA. ABELITA J. MENDEZ, exploited her including her own children who
are her cousins;
3. On March 29, 2019 at around 2:30 o’clock in the afternoon, a legitimate RESCUE
OPERATION for victims of child trafficking was conducted in Magdamayan,
Agusan Pequeno, Butuan City.

4. The Rescue Operation successfully save four (4) minors from further harm and
exploitation for prostitution and other sexual abuse;

5. A woman named MA. ABELITA J. MENDEZ, identified to be the aforementioned

minors’ biological mother and aunt of Marie M. Gultiano, was apprehended;

6. The four (4) minors are named; Billy Joe J. Mendez, 11 years old, Joshua J.
Mendez, 10 years old, Maxine Hrshys J. Mendez, 6 years old and Kshley Kia J.
Mendez, 3 years old;

7. The authenticated birth certificates issued by the Philippine Statistics Authority,

confirmed that the aforementioned children rescued last March 29, 2019 are
all minors;

8. The children are under the protective custody of the Petitioner DSWD CARAGA
pursuant to Sec. 28 of RA 7610, or known as “ Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act’;

9. Petitioner DSWD CARAGA, upon assessment to the paternal uncle TEMOTIO JR.
M. MENDEZ who expressed his desire to take custody of the minors, deemed it
for the best interest of the children TO REMAIN UNDER THE PROTECTIVE AND
TEMPORARY CUSTODY, specifically in the premises of the Home for Girls
managed and operated by Petitioner DSWD Caraga for female minors, Isabella
Marie M. Gultiano, Maxine Hrshys J. Mendez and Kshley Kia J. Mendez while
for male minors, Billy Joe J. Mendez and Joshua J. Mendez, in the premises of
Lingap Center of City Social Welfare and Development Office, Butuan City;

10. The Petitioner DSWD CARAGA is EMPOWERED TO PETITION FOR INVOLUNTARY

COMMITMENT under Section (4) of A. M. No. 02-1-19-SC, entitled, Proposed
Rule on Commitment of Children and the same is provided under Article 142 of
Presidential Decree 603 (PD 603) that:

“The Department of Social Welfare Secretary or his authorized

representative or any duly licensed child placement agency having
knowledge of a child who appears to be dependent, abandoned or
neglected, may file a verified petition for involuntary commitment of said
child to the care of any duly licensed child placement agency or
individual”,

11. The transfer of custody of children needing special protection is contemplated

in the earlier provision of PD 603, under Article 22 (Transfer to the Department
of Social Welfare), which states that:
 “The dependent, abandoned or NEGLECTED CHILD may be
transferred to the care of the Department of Social Welfare or a duly
licensed child-caring institution or individual…”;

12. The said minors are considered EMOTIONALLY NEGLECTED under A. M. No. 02-
1-19- SC, which defines that “Emotional neglect occurs when a child is
exploited, or when placed in moral danger, or prostitution,…” among others;

13. Another similar and related provision is stated under RA 10364, known as the
“Expanded Anti-Trafficking in Persons Act of 2012”,

“SEC. 17-A. Temporary Custody of Trafficked Victims- The rescue of

victims should be done as much as possible with the assistance of DSWD or
an accredited NGO that services trafficked victims. A law enforcement
officer, on a reasonable suspicion that a person is a victim of any offense
defined under this Act including attempted trafficking, SHALL IMMEDIATELY
PLACE THAT PERSON IN THE TEMPORARY CUSTODY of the local social
welfare and development office, or any accredited or licensed shelter
institution devoted to protecting trafficked persons after the rescue”;

14. This petition is DEEMED FOR THE BEST INTEREST OF THE MINORS; it is ALSO A
NECESSARY CONSEQUENCE of the successful Rescue Operation for victims of
trafficking in persons under the immediately preceding stipulation.

WHEREFORE, it is respectfully prayed that the protective and temporary custody

of the aforementioned minors, subject matter of this Petition, be granted to Petitioner
DSWD CARAGA.

Other just and equitable reliefs are also prayed for.

April 11, 2019, Butuan City.

SORRERA-TY SALISE-GONZAGA LAW OFFICES

Counsel for the Petitioner
2F FSUU CBE Bldg., P. Burgos corner
San Francisco STs
Butuan City
Telephone no. 0852259102
By:

JOSEFE C. SORRERA-TY
Roll no. 42064; MCLE Exemption no. V-428
PTR NO.
IBP NO.
TIN NO. 180-598-743-000