REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

Branch 37
Cagayan de Oro City

IN THE MATTER OF PETITION FOR CV-FMY Case No. 2017-206

GUARDIANSHIP For: Motion to Approve
Provisional Remedy for
Child
Custody (A.M. No. 02-11-12-SC)
MARIA NOVA BABIA-BAJA
Petitioner,

-versus-

SALVADOR L. BAJA
Respondent/s.
x------------------------------------------------/

MOTION TO APPROVE PROVISIONAL

REMEDY FOR CHILD CUSTODY

COMES NOW the undersigned petitioner, MARIA NOVA BABIA-BAJA

thru the undersigned counsel unto the Honorable Court, most respectfully states that:

1. That petitoner is the mother of two (2) children, namely: Steve Terence
Babia Baja who was born on April 11, 2011 in Northern Mindanao Medical Center,
Cagayan de oro City, and Aliah Grace Babia Baja who was born on April 28, 2013
in Dubai, UAE; (Copies of their Certificate of Live Birth hereto attached as Annexes
“A” and “B”, respectively, and made integral parts hereof)

2. That Steve Terence and Aliah Grace are both minors and still have no
capacity to take care of themselves;

3. That due to the minority of Steve Terence and Aliah Grace, it is necessary
and convenient that the petitioner be granted custody of the said minors;
 3. That petitioner and her husband are currently having a civil case for
declaration of Nullity of Marriage filed by herein petitioner; (Copies of the Petition
hereto attached as Annex “C”)

4. That the respondent has not filed his answer or even participated in the said
case which is safe to assume that he has no care anymore about the family.

5. That the respondent has abandoned the petitioner and their minor children
he was caught to have illicit affair with petitioner’s sister in law.

6. That the petitioner has the need to acquire full custody of their minor
children Steve Terence Babia Baja age seven (7) and Aliah Grace Babia Baja age
five (5) because she is currently living in Dubai, UAE and travels regularly.

7. That Maria Nova Babia-Baja should be given full custody of the children
because she has a stable job in Dubai thus she can fully support everything
indispensable for sustenance, dwelling, clothing, medical attendance, education and
transportation to her children.

WHEREFORE, it is most respectfully prayed of this Honorable Office that

the Provisional Remedy of Child Custody of Steve Terence Babia Baja age seven
(7) and Aliah Grace Babia Baja age five (5) be granted in favor of MARIA NOVA
BABIA-BAJA Such other reliefs and remedies, consistent with justice and equity
are likewise prayed for.

Cagayan de oro City, Misamis Oriental. 5 March 2019.

By:

BACAL NAMALATA TAMALA LLESIS BIDAD

Attorneys-at-law
#35 17th St., Nazareth, Cagayan de Oro City
9000 Cagayan de Oro City,Philippines
Telephone Number: 858-0966

ATTY. NOEL G. BACAL

PTR No. 8638461-A –December 11, 2017
IBP Lifetime Member No.08000
 Notarial Commission-2018-036
Roll No. 55156
Cagayan de Oro City
MCLE Compliance No. VI-0000699/April 15, 2016-April 14, 2019

NOTICE OF HEARING

REGIONAL TRIAL COURT

MISAMIS ORIENTAL
Branch 37
Clerk of Court

Greetings:

Please take notice that the undersigned counsel is submitting the

foregoing Motion to Approve Provisional Remedy for Child Custody to
the Honorable Office for Consideration and approval immediately
sans argument and appearance.

ATTY. NOEL G. BACAL

Copy furnished:

OFFICE OF THE CITY PROSECUTOR Personally received:________________

Cagayan de oro City Date: __________________

SALVADOR BAJA Personally received:________________

Police Chief Inspector Date: __________________
KOLAMBUGAN MUNICIPAL POLICE STATION
Austine Heights, Kolambugan, Lanao del Norte