Republic of the Philippines
Fourth Judicial Region
Regional Trial
Court
Branch XVI
Cavite City
MICHELLE
A. VALE CRUZ
Petitioner,
Special Proceeding No. 14344
IN RE: PETITION FOR HABEAS
CORPUS OF THE MINOR
AVELINE OLIVES
LANZ
AIDAN L. OLIVES
Respondent.
x-------------------------------x
PETITION
PETITIONER, by counsel, respectfully
submits that:
1.
Petitioner
is the mother of the minor Aveline Olives who was born out of the valid
marriage between petitioner and respondent Lanz Aidan L. Olives;
2.
The
petitioner and respondent have been separated de facto since 2014;
3.
The
minor has been living with the petitioner in the house of the latter’s mother
and the minor’s maternal grandmother since the petitioner and the respondent separated;
4.
Sometime
in January 2016, the respondent, unknown to the petitioner, went to the house
where the minor was residing and abducted the latter and has kept her
incommunicado and out of petitioner’s reach;
5.
Being
below seven (7) years of age, custody of the minor is naturally presumed to
belong to the petitioner, as her mother. Consequently, respondent’s refusal to
allow petitioner to regain custody over the minor is unlawful and unjustified.
WHEREFORE, petitioner respectfully prays
that a Writ of Habeas Corpus be issued directing respondent to make a return
showing his legal authority to detain the minor child, subject of this
petition, and thereafter, present the minor child personally before the Court
on a date and time it chooses.
Cavite City, Philippines, April 21,
2016.
ATTY. GRACE
MARIELLE CRUZ
Counsel for
Petitioner
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
VERIFICATION AND
CERTIFICATION OF NON-FORUM SHOPPING
Republic
of the Philippines
(City
of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age,
after having been duly sworn in accordance with law, depose and state that:
1.
I am the petitioner in the above-stated case;
2.
I caused the preparation of the foregoing petition;
3.
I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents and
records in my possession;
4.
I have not commenced any other action or proceeding involving the same issue in
the Supreme Court, the Court of Appeals, or any other tribunal or agency;
5.
To the best of my knowledge and belief, no such action or proceeding is pending
in the Supreme Court, the Court of Appeals, or any other tribunal or agency;
6.
If I should thereafter learn that a similar action or proceeding has been filed
or is pending before the Supreme Court, the Court of Appeals, or any other
tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.
Cavite City, Philippines, April 21, 2016
__________________
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