Republic of the Philippines

Regional Trial Court

7th Judicial Region
Branch _______, Cebu City

Spouses Ian Jude Lopez Sr. and Julie Lopez,

Petitioners,

- versus - SP Proc. No. _________

For: Writ of Habeas Corpus

Isis Baghdadi
Respondent.

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PETITION FOR HABEAS CORPUS

PETITIONERS, by counsel respectfully state:

Prefatory Statement

The Parties

1. Petitioner Spouses Ian Jude Lopez and Julie Lopez are both
Filipino, married, and a resident of 163 Urgello St., Cebu
City.
 2. Respondent Isis Baghdadi is Filipino, of legal age and a
resident of Tambis St., Barangay Cambinocot, Cebu City,
where she could be served with summons or any order of
the court or court process.

Statement of Facts

3. Petitioner Spouses Ian Jude Lopez and Julie Lopez were

married on January 26, 2010.

3.1. A copy of the marriage certificate is hereby

attached as Annex A.

4. Petitioner Spouses begot their eldest child named Ian Jude

Lopez Jr. last June 6, 2011.

4.1. A copy of the birth certificate of Ian Jude Lopez

Jr is hereby attached as Annex B.

5. From the years 2010 until 2011, Petitioner Spouses and

respondent Isis Baghdadi were neighbors in Urgello St.,
Cebu City. Julie Lopez worked as a laundry woman of Isis
Baghdadi from January 2009, up until October 26, 2011.

6. Julie became pregnant with their first child which prompted

her to stop working as a laundrywoman. Two months after
giving birth to Ian Jude Jr., she continued to work as laundry
woman of Isis Baghdadi.

7. While doing the laundry, it has become customary for her

to entrust the baby under the care of respondent Isis.
8. In the morning of October 26, 2011, Julie was doing her
laundry work at her own house. While she was doing so,
respondent volunteered to bring the infant Ian Jude Jr. (who
was then four months old) for a stroll at the nearby Urgello
Childrens Park which was only a walking distance from the
house of petitioner Julie.

9. Evening came but respondent did not return with the baby.
Spouse Julie Lopez went to the house of the respondent to
check but nobody was home.

10. The spouses Lopez exerted earnest efforts to locate the

baby and even filed a police blotter at Fuente Police Station
2 but the search proved to be futile.

10.1.A copy of the police blotter is hereby attached

as Annex C.

11. Five years after the incident, or on November 25, 2016,

petitioner Ian Jude Lopez Sr. saw in Super Balita
newspapers obituary section that Danrey Jones, the
common-law husband of the respondents Isis Baghdadi,
had died. His wake was indicated to be at Tambis St.,
Cambinocot, Cebu City.

12. Petitioner Spouses wasted no time in going to said

address. Spouse Julies maternal instincts kicked in when
she saw a boy running about who was around five years
old. Tears rolled down her face as she felt that the boy in
front of her was the same who was stolen from her when he
was only four months old.
13. Spouse Ian Jude noted that the boy who was his exact
replica when he was at about the same age.

13.1.Attached as Annex D is the picture of the

spouse Ian Jude and the child.

14. The child, when asked for his name, told the spouses in
an innocent tone that he was Florence June Jones and he
was five years of age. The age of Florence corresponded to
the age of the child of the spouses and this led the spouses
to conclude that Florence June Jones and Ian Jude Lopez Jr.
is one and the same person.

15. This circumstance was buttressed by the declaration of

Thomas Jones who was actually the brother of the deceased
Danrey Jones. He confided to Spouses Lopez that Florence
June cannot possibly be his brothers child because Danrey
was rendered impotent in an accident way back in 2010.
He mentioned further that respondent Isis and Danrey
suddenly came to live with them in the mountainous
Barangay of Cambinocot, Cebu City sometime in October
2011, while bringing a baby who was about four or five
months old.

16. When confronted by the spouses about the

circumstances surrounding the birth of Florence June,
respondent Isis Baghdadi was firm in her conviction when
she said that she gave birth to the child Florence June.
However, being neighbors way back in 2010, the spouses
were certain that they never saw Isis becoming pregnant.

17. The spouses demanded several times from the

respondent the return of Ian Jude Lopez Jr. or Florence June.
 There was, however, a refusal on the part of the respondent
to turn over the custody of Ian Jude Jr. or Florence June as
she claims to be the real mother of the child when in truth
and in fact she is not and she is withholding the rightful
custody of the child without any legal authority. As of now,
Ian Jude Jr. / Florence June is living with respondent Isis at
Tambis St., Barangay Cambinocot, Cebu City.

GROUND RELIED UPON

18. The writ of habeas corpus is the remedy in a case
whereby the rightful custody of any person is withheld from
the person entitled thereto.

DISCUSSION

The writ of habeas corpus is the remedy in a case whereby

the rightful custody of any person is withheld from the
person entitled thereto.

Section 1, Rule 102 of the Rules of Court provides that:

The writ of habeas corpus shall extend to all cases of illegal

confinement or detention by which any person is deprived of his
liberty, or by which the rightful custody of any person is
withheld from the person entitled thereto.

In Tijing vs CA, the Supreme Court ruled that the writ of

habeas corpus is the proper legal remedy to enable parents to
regain the custody of a minor child even if the latter be in the
custody of a third person of his own free will.
 Considering the fact that 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.

PRAYER

WHEREFORE, it is most respectfully of this Honorable Court

to:

1. Immediately upon filing of this PETITION, direct

respondent and all other persons acting on her behalf to

a) Produce the person of minor child Ian Jude Lopez Jr.,

now known as Florence June Jones before this court at such
time and place that this court may specify; and

b) Show cause for withholding from Spouses Ian Jude and

Julie Lopez their rightful custody over their child; and

2. Issue the WRIT OF HABEAS CORPUS ordering respondent

Isis Baghdadi to immediately return the custody of minor child Ian
Jude Lopez Jr., now known as Florence June Jones, after hearing.

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

Respectfully submitted.

10 February 2017, Cebu City

 BANTUGAN AND ASSOCIATES LAW OFFICE
Counsel for the Petitioners
7th Floor, MSY Tower, Cebu Business Park
Tel. No. (032) 211-6655
Email Address: bantuganandassociates@yahoo.com
Cell Phone Nos. 09224173550/09169677012

FLORENCE JUNE D. BANTUGAN

Attorneys Roll No. 46987
IBP Lifetime No. 08595, 09/02/09
MCLE Compliance No. IV-0068851, 04/25/13

ISIS JANE D. CAPANGPANGAN

Attorneys Roll No. 39542
IBP Lifetime No. 09294, 04/29/10
MCLE Compliance No. IV-0012951, 04/25/13

JULIE FE CUENCA
Attorneys Roll No. 63623
IBP Lifetime No. 09563, 04/23/10
MCLE Compliance No. IV-0018911, 04/25/13

MARMIE DYAN DENIEGA

Attorneys Roll No. 66223
IBP Lifetime No. 09565, 04/23/10
MCLE Compliance No. IV-0018281, 04/25/13
 VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPPING

I, JULIEFE C. LOPEZ, married, of legal age, Filipino and a resident

of Cebu City, after having been duly sworn to in accordance with
law, hereby, depose and say:

1. That I am the petitioner of the abovementioned case and I

have caused the preparation of the foregoing Petition for Habeas
Corpus, that I read and understood its contents which are true
and correct of my own personal knowledge and/or based on
authentic records.

2. That I have not commenced any action of proceeding

involving the same issue in the Supreme Court, the Court of
Appeals or any other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency,
and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts of
tribunal or agency, I undertake to report that the fact to the Court
within five (5) days therefrom.
 JULIEFE C. LOPEZ
Affiant

SUBSCRIBED AND SWORN TO before me this ______ day of

_______________ 2017, in Cebu City, by JULIEFE C. LOPEZ
identified by his passport ID No. of EB9876871, who personally
signed before me the foregoing Verification and Certification of
Non-Forum Shopping, and acknowledged that he executed it.

_______________________

Notary Public
 VERIFICATION AND CERTIFICATE OF
NON-FORUM SHOPPPING

I, IAN JUDE A. LOPEZ Sr., married, of legal age, Filipino and a

resident of Cebu City, after having been duly sworn to in
accordance with law, hereby, depose and say:

1. That I am the petitioner of the abovementioned case and I

have caused the preparation of the foregoing Petition for Habeas
Corpus, that I read and understood its contents which are true
and correct of my own personal knowledge and/or based on
authentic records.

2. That I have not commenced any action of proceeding

involving the same issue in the Supreme Court, the Court of
Appeals or any other tribunal or agency; that to the best of my
knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or any tribunal or agency,
and that, if I should learn thereafter that a similar action or
proceeding has been filed or is pending before these courts of
tribunal or agency, I undertake to report that the fact to the Court
within five (5) days therefrom.
 IAN JUDE A. LOPEZ Sr.
Affiant

SUBSCRIBED AND SWORN TO before me this ______ day of

_______________ 2017, in Cebu City, by IAN JUDE A. LOPEZ Sr.
identified by his passport ID No. of IT351478, who personally
signed before me the foregoing Verification and Certification of
Non-Forum Shopping, and acknowledged that he executed it.