Republic of the Philippines

National Capital Region

REGIONAL TRIAL COURT OF MANILA
Branch ___

ANDREA DE GUIA,
Petitioner,
- Versus- For: Writ of Habeas Corpus
Case No. _____
REYNALDO CRUZ,
Respondent.
x-------------------------------------------------x

PETITION
COMES NOW, the Petitioner and to this Honorable Court, by the undersigned

counsel, most respectfully alleges:

1. Petitioner ANDREA DE GUIA is a Filipina, of legal age, and a resident of Brgy.

Sinala, Bauan, Batangas.

2. Respondent REYNALDO CRUZ is a Filipino, of legal age, and a resident of

_________________ where he may be served summons and other processes.

3. Petitioner and the respondent are not married but they are the natural parents of

SHEILA MAY DE GUIA who was born on March 7, 2018. A copy of her

Certificate of Live Birth is hereby attached as ANNEX “A” and forms an integral

part of this petition.

4. On or about January 3, 2019, petitioner allowed the respondent to visit minor

child Sheila May. From the time she was born up until that point, petitioner had

custody of the minor with the full consent of the respondent.

5. Unfortunately, respondent, since then, has not returned the child to petitioner’s

custody. She asked respondent several times to return the child to her custody,

but to no avail. The last was made by a demand letter through counsel;

demanding him to return the child to her custody. A copy of his letter is attached

as ANNEX “B” and forms an integral part of this petition.

6. Recently, respondent has stopped communicating with the petitioner. He refused

to answer petitioner’s phone calls neither responded to her text messages. To

date, he failed and refused, and continues to fail and refuse, to return the minor

child to her custody.

7. Petitioner, under the law, has the rightful custody over her illegitimate child based

on Article 176 of the Family Code where it expressly declares that an illegitimate

child shall be under the parental authority of their mother. Considering the fact

respondent is withholding the rightful custody of the child from herein petitioner,

the latter is entitled to seek remedy by way of a petition for the issuance of writ of

habeas corpus.

WHEREFORE, premises considered, petitioner humbly prays for the following:

1. Immediately upon filing of this PETITION, direct respondent and all other persons

acting on his behalf to –

 a.) Produce the person of minor child Sheila May De Guia before this court at

such time and place that this court may specify; and

b.) Show cause for withholding from Andrea De Guia her rightful custody over

the child Sheila My De Guia; and

2. After hearing, a WRIT OF HABEAS CORPUS be issued ordering petitioner

Reynaldo Cruz to immediately return the custody of Sheila May De Guia to

petitioner.

Petitioner also prays for such other relief just and equitable under the

circumstances.

May ___, 2020, ____________.

NOTARY PUBLIC
 VERIFICATION/CERTIFICATION

OF NON-FORUM SHOPPING

I, ANDREA DE GUIA, of legal age, single, and with address at Barangay

Sinala, Bauan, Batangas, after having been duly sworn to in accordance with
law, do hereby depose that:

1. I am the petitioner in the above-entitled case;

2. I have caused the preparation of the foregoing Petition for Habeas

Corpus filed before this Honorable Court;

3. I have read and understood the same and all allegations therein are
true, correct, and of my own personal knowledge and/or based on authentic
documents;

4. I hereby certify that: (a) I have not commenced any other action or
proceeding involving the same issues thereto with the Supreme Court, the Court
of Appeals, or different divisions thereof, or any other tribunal or agency (b) if
there is any action or proceeding involving the same issues which is pending
before the Supreme Court, the Court of Appeals, or any tribunal or agency, we
will state the status thereof; (d) should we learn hereafter that a similar action or
proceeding involving the same issues is filed or is pending before the Supreme
Court, Court of Appeals, or any tribunal or agency, I will report that fact within
five (5) days from knowledge thereof to this Honorable Court and to the court
where the original pleading had been filed.

IN WITNESS WHEREOF, I hereunto set my hand this May _____,

2020, _____________.

ANDREA DE GUIA

Affiant
 SUBSCRIBED and SWORN to before me this May __, 2020, in the City of
____, affiant personally appearing before me and having been identified by their
competent evidence
of.identity:_________________________;________________________ bearing
her name, photograph, and signature.