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MARIA CARESSA
SANTOS-DELA CRUZ
Respondent.
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PETITON
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4. Petitioner and respondent begot two children, namely Peter, now
eight (8) years old, having been born on 1 January 2011, and Paul, now three (3)
years old, having been born on 1 January 2016.
6. Sometime at the beginning of 2010, the two found out that the
respondent was pregnant. Although the petitioner realized the shame that the
respondent will endure as soon as the news that she got pregnant out of wedlock
comes out, petitioner himself was confused because he could not know for sure if
he was the father of the child, since the respondent was dating and was having
marital sex with other men at that time. Not knowing what to do, respondent
went back to the Philippines. Thereafter, petitioner, still confused by the
situation, followed and likewise came home.
8. Since the time of their marriage, the petitioner has always been a
supportive father to their children and has provided his family with a
comfortable life by working as a Vice President for Marketing of Iloilo Projects
Corporation. Although charged with the tasked of being the provider in the
family, petitioner still sees to it that he spends quality time with his children.
There was even a time that petitioner braved heavy storm and flood just to come
home in time to have dinner with the children and spend quality time with them.
10. Respondent often leaves the children alone with little and at times
without adult supervision. When the children were mere toddlers, accidents
were bound to happen when they were left alone, even for a brief period of time.
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closed and with no air-conditioning. For some reason, the maid
left the car, leaving Paul all alone inside without adult
supervision. Thus, Paul almost suffocated, so much so that the
child, who was then two (2)-years old at that time, was madly
banging the car in order to get out of it. it was then that
petitioner’s sister saw Paul, opened the car, and found the child
soaked in sweat and gasped for breath.
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11. Respondent does not care if the children sleep or eat on time, or if
they are getting enough sleep or proper nutrition. She spent so much time
chatting in the internet or watching television or hanging out with her friends
that she often neglected to perform her obligations to her children.
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a. Respondent has been a believer of natural methods of healing. As
a result, she often refuses to apply physician-prescribed
medications whenever their children would get sick. In fact,
respondent refused to get their children vaccinated, and that had
been the cause of huge fight between the petitioner and
respondent. Eventually, however, respondent acceded, and was
forced to have their children vaccinated.
13. Finally, respondent’s lack of love and care for her children are
manifested by her failure to take the time out to teach and educate her children
during their cognitive years. She would often lock herself out inside the office
room in the third floor, so that the children could not bother her.
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16. It was then clear that the Respondent wishes to deprive the
Petitioner of his right to the care and custody over the children. In fact, had he
not stood his ground and insisted on seeing his children that day, the Respondent
would not allow him see his children. Respondent even called security guards to
make sure that the Petitioner does not take the children away. The Respondent
claims that since she is the mother of the children, the latter should stay only with
her.
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GR. No. 113054, March 16, 1995.
2
Tonog vs. Court of Appeals, G.R. No. 122906, February 7, 2002.
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single and carefree life by prioritizing her personal and selfish interests instead
of those of her children. Since their marriage, respondent refuses to change her
lifestyle for the children. She expects their children to adjust to her lifestyle even
if it means that their children would suffer sleep deprivation, undernourishment
and poor mental and psychological growth. The environment that respondent
has created for their children is inimical to their health and well-being, and
consequently, the best interests of their children are better served if they stay
with the petitioner and away from the respondent.
22. The Respondent has the means and the capacity to bring the
children out of the country to the extreme prejudice of, and injustice, to herein
Petitioner. It is thus prayed that the Honorable Court immediately issue a Hold
Departure Order to prevent either of the parties from bringing the children out of
the country without the consent of the other parent and the Honorable Court.
PRAYER
WHEREFORE, petitioner respectfully prays that after due
proceedings, judgment be rendered in his favor and that the Honorable
Court:
4. Grant other reliefs that are just and equitable under the
premises.
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Iloilo City: 1 January 2019.
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CORTINA & MONTES LAW OFFICES
Counsel for the Petitioner
Block 3, Lot 2 Phase 2,
Carmen J. Ledesma Village,
Baragay Tacas, Jaro,
Iloilo City, Philippines
Tel. No. (02) 817-9222 / Fax No. (02) 887-2936
By:
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I, Juan Gregory dela Cruz, Filipino, of legal age, and residing at Zone 1,
Barangay Calahunan, Mandurriao, Iloilo City, under oath, depose and state:
2. That I have read and understood the contents thereof and that
the allegations therein are true and correct based on my own
personal knowledge and on authentic records;
___________________________
Juan Gregory dela Cruz
SUBSCRIBED AND SWORN to before me, this 1 st day of January 2019 Block
3, Lot 2, Phase 2, Carmen J. Ledesma Village, Barangay Tacas, Jaro, Iloilo City,
Philippines, by Gray Mountain who personally appeared before and exhibited to
me his Professional Driver’s License No. F04-10-000662 valid until 01/01/19,
and avows under penalty of law to the whole truth of the contents hereof.