REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
PASAY CITY, BRANCH _____

JOCELYN Y. MOLINA,
Petitioner,

- versus - SP.PROC.No. ______________

For: Petition for Custody with Habeas
Corpus

NIÑO DOMINGO,
Respondent.
x-----------------------------------------------x

PETITION FOR CUSTODY

WITH HABEAS CORPUS

PETITIONER, by counsel respectfully alleges that:

1. Petitioner JOCELYN Y. MOLINA (hereafter referred to as

“Petitioner” for brevity) is of legal age, Filipino and with residence address
at 2850 ESDA Ext. cor. F.B. Harrison St., Brgy. 75, Pasay City where she
may be served with summons and other court processes.

2. Respondent NIÑO DOMINGO (hereafter referred to as the

“Respondent”) is likewise Filipino, of legal age and with residence address
at #0333 Cadena de Amor St., Blk. 3, Brgy. 192, Pildera 1, Pasay City,
Metro Manila, where he may be served with summons and processes from
the Honorable Court.

3. Petitioner and respondent met each other thru mobile gaming

app, where their relationship started. They decided to live together as
husband and wife in 2016 and resided at respondent’s house at #0333
Cadena de Amor St., Pildera 1, Pasay City. Few months after living
together, petitioner got pregnant, and thereafter gave birth on February 15,
2017 to a baby boy named Prince Nathan Molina Domingo. A copy of his
Certificate of Live Birth is hereto attached as Annex “A”, and made
integral part hereof.

4. In August 2020, the parties had a quarrel and respondent

forced petitioner to leave their house without her child. Unfortunately,
despite her repeated demands, respondent refuses and continues to refuse to
give her the custody of their three-year old child.

5. Petitioner currently works as a service crew in Minute Burger

and a sales agent in Pure Wax.
 6. Under Article 209 of the Family Code, pursuant to the natural
right and duty of parents over the person and property of their
unemancipated children, parental authority and responsibility shall include
the caring for and rearing of such children for civic consciousness and
efficiency and the development of their moral, mental and physical character
and well-being. Relatively, illegitimate children shall use the surname and
shall be under the parental authority of the mother and shall be entitled to
support in conformity with the Code.1

7. An illegitimate child is under the sole parental authority of the

mother. In the exercise of that authority, she is entitled to keep the child in
her company. The Court will not deprive her of custody, absent any
imperative cause showing her unfitness to exercise such authority and care.2

8. Only the most compelling of reasons, such as the mother’s

unfitness to exercise sole parental authority, shall justify her deprivation of
parental authority and the award of custody to someone else. In the past, the
following grounds have been considered ample justification to deprive a
mother of custody and parental authority: neglect or
abandonment, unemployment, immorality, habitual drunkenness, drug
addiction, maltreatment of the child, insanity, and affliction with a
communicable disease.3

9. No compelling reason, however, would justify her the

deprivation of custody of her three (3) year old child.

10. Thus, parental authority and responsibility are inalienable and

may not be transferred or renounced except in cases authorized by law.  The
right attached to parental authority, being purely personal, the law allows a
waiver of parental authority only in cases of adoption, guardianship and
surrender to a children’s home or an orphan institution.4 

11. In the absence of any compelling reason to deprive petitioner

of her right to the custody of her minor child, and in the absence of any right
in favor of the respondent to grant him custody of the said child, such
custody must remain in favor of herein petitioner.
PRAYER

WHEREFORE, premises considered, Petitioner respectfully prays

that the Honorable Court:

1
Article 176, Family Code as amended by Republic Act no. 9255
2
Briones vs. Miguel, G.R. No. 156343, October 18, 2004
3
Supra
4
Tonog vs. Court of Appeals, G.R. No. 122906, February 7, 2002.

2
 1. Issue a writ of Habeas Corpus against the re-
spondent Niño Domingo directing him to appear and make a return to this
Honorable Court and to show cause of withholding of the custody of the mi-
nor Prince Nathan Molina Domingo.

2. Issue an Order to the Respondent to bring

their three-year old child Prince Nathan Molina Domingo to this Honorable
Court at the hour and date to be set by this Honorable Court and, that imme-
diately thereafter, order that the custody of the minor be turned over to
herein Petitioner.

3. Issue an Order, restoring the full custody of

the minor Prince Nathan Molina Domingo to petitioner.

Other reliefs, just and equitable under the premises, are likewise
prayed for.

PUBLIC ATTORNEY’S OFFICE

Counsel for Petitioner
Room 401 Hall of Justice
F.B. Harrison St., Pasay City

By:

ATTY. KAREN J. DEL ROSARIO

Public Attorney II
Roll No. 53994
Lifetime IBP No. LRN-09685/PPLM/01/19/11
MCLE Compliance No. VI-0005801 /01/24/18

ATTY. RODWIL L. LAMAC

Public Attorney II
IBP Lifetime Receipt No. 1047464; Marinduque
Roll No. 63098
MCLE Compliance No. VI – 0005804 valid until April 14, 2022
Email Address: rodwillamac@gmail.com

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 VERIFICATION AND CERTIFICATION

I, JOCELYN Y. MOLINA, Filipino, of legal age, and a resident of

2850 ESDA Ext. cor. F.B. Harrison St., Brgy. 75, Pasay City, after being
duly sworn in accordance with law, hereby depose and state that:

1. I am the Petitioner in the above-mentioned case;

2. I have caused the preparation of the foregoing Petition and the allega-
tions contained therein are true and correct based on my personal
knowledge and based on authentic records and documents at hand;

3. I have not commenced any action or proceeding involving the same

issues in the Supreme Court, Court of Appeals, or different divisions
thereof, or any other court, tribunal or agency.

4. If I should thereafter learn that a similar action or proceeding is pend-

ing before the Supreme Court, Court of Appeals, or different divisions
thereof, or any other court, tribunal or agency, I undertake to promptly
inform this Honorable Court and other above-mentioned courts, tri-
bunal or agency within five [5] days therefrom.

IN WITNESS WHEREOF, I have hereunto set may hand this ___

day of _____________ 2020 at Pasay City, Philippines.

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 JOCELYN Y. MOLINA
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

SEPTEMBER 2020 at Pasay City, Philippines, affiant exhibiting to me his
valid identification card ______________________________
________________.

EXPLANATION

A copy of the foregoing PETITION was sent to the respondents

through registered mail due to lack of messenger/process server to effect
personal service.

RODWIL L. LAMAC

Copy furnished:

NIÑO DOMINGO
Respondent
#0333 Cadena de Amor St., Pildera 1
Pasay City, Metro Manila

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo Street
Legaspi Village, Makati City

OFFICE OF THE CITY PROSECUTOR

Pasay City
Ground Flr., Hall of Justice
F.B. Harrison St., Pasay City