Petition for Habes Corpus (sample)

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.

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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

__________________

Michelle A. Vale Cruz