Professional Documents
Culture Documents
SP.PROC.No. ______________
For: HABEAS CORPUS WITH
PRAYER FOR CUSTODY AND
JOINT PARENTAL AUTHORITY;
ANDREA C. GOLINGAY,
Respondent.
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PETITION
PETITIONER, by counsel respectfully alleges that:
1
Petitioner and Respondent are spouses, having been married under Catholic
rites on December 23, 2005 at the St. Clements Church, Lapaz, Iloilo City.
A copy of the parties Certificate of Marriage is hereto attached as
Annex A and made an integral part hereof.
provider in the family, the Respondent still sees to it that he spends the
necessary quality time with their children, There was even a time that the
Petitioner braved heavy storm and flood just to come home in time to have
dinner with the children and spend quality time with them.
6.
The Respondent on the other hand, struggled to adjust to
married life. She unforgivingly maintains a carefree disposition and
prioritizes her friends and social life over her family. In the process,
Respondent has failed to take good care of their children. Worse,
Respondent has neglected the childrens health and well-being and even
exposed the children to life-threatening situations.
7.
The Respondent often leaves the children alone with little and
at times without adult supervision.
a.
Sometime in 2013, the Respondent went to Hongkong for
a one-week vacation leaving her daughter to the care to her mother,
Mrs. Leticia C. Golingay. On September 3, 2013, while the
respondent was on vacation, Rizalee was hit by a passenger car in fron
of her grandmothers house. Petitoner then, received a call from her
mother, Mrs. Maricar Mercado, that his daughter was confined at
Iloilo Mission Hospital, suffering from serious physical injuries.
Immediately the petioner filed a leave of absence and attended to his
child.
b.
On another occasion, when the Petitioner visited his
daughter at the Respondents house, Rizalee was swimming alone in
the swimming pool without somebody to look after her.
8.
The Respondent does not care if the child sleep or eat on time
or if they are getting enough sleep or proper nutrition. She spends so much
time chatting in the internet or watching television or hanging out with her
friends that she neglects to perform her obligations to her daugter.
a.
Respondent would always keep to her room, in front of
the computer, chatting with her friends. This has been Respondents
routine, so much so, that she often neglects feeding their children on
time. The children would always eat past meal times because she is
too busy to be bothered.
b.
Respondent never picks her daughter at school and leaves
everything on the maid to attend latters school affairs and meetings.
9.
The Respondent also refuses to give the children the proper
medical attention necessary to ensure their proper development. She
rationalizes that any sickness or injury that the children may have will heal
naturally.
a.
The Respondent was so much a believer of natural
methods of healing that she refuses to apply even common medication
when the children would get sick, not even when the child is burning
with fever. In fact the Respondent refused to get the children vaccine
for immunization and it was only when the Petitioner and the
Respondent had a huge fight over it that the Respondent was forced to
have the children vaccinated.
10. Finally, the Respondents lack of love and care for her children
is manifested by her failure to take time out to teach and educate her
children during their cognitive years. She would lock herself inside the
office room in the third floor so that the children could not bother her.
a.
Respondent would delegate the task of teaching the chil
basic lessons and skills to the maids even though the maids
themselves lacked training.
11. What is apparent is that, since the marriage, the Respondent
refuses to change her lifestyle for the children, or for family life for that
matter. She expects the children to adjust to her lifestyle even if it means
sleep deprivation, undernourishment and poor mental and psychological
growth. The environment that the Respondent has created for her children is
overly inimical to their health and well-being that the best interests of both
children are best served if they stay with the Petitioner, with temporary
visitational rights from the Respondent.
12. The Petitioner and the Respondent admittedly married in haste.
But while the Petitioner has taught himself to accept the situation and adjust
to married life and to being a family man, the Respondent continued to
maintain a single and carefreelife, prioritizing mostly her personal and
selfish interests, instead those of her child. It is as if, she refuses to recognize
and perform her responsibilities as a mother.
13. Due to Respondents extreme obsession for chatting over the
internet, Petitioner suspected that Respondent was engaging in extra-marital
affairs. He would often get jealous and they often fight about it. While the
Petitioner is adamant that they should not fight in front of the children,
Respondent would most of the time start a fight for the children to see,
which, needless to say, causes emotional scars on the children.
14. Respondent, on many occasions, threatened to leave the house
because of their constant fights over Respondents extra-marital activities
and on how to raise their children properly. Then, on October 3, 2013, while
the Petitioner was at the cemetery, the Respondent decided to leave the
household for good, bringing the two children with her.
GEOVANNI M. MERCADO
Affiant
Doc. No. :
Page No. ;
Book No. ;
Series of 2015.