Republic of the Philippines Regional Trial Court Petition Sample

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ___, Mandaluyong City

IN RE: PETITION FOR INVOLUNTARY COMMITMENT TO THE DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT OF MINOR MALKOLM KENETTHE SAMSON

SP.PROC. NO.______________

DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT –

NATIONAL CAPITAL REGION, represented by
(Name of Petitioner), Regional Director – NCR, Petitioner

KATHLEEN NORDSTROM, Respondent x-------------------------------------------------------------------------------x P E T I T I O N

Petitioner, unto this Honorable Court most respectfully alleges that:

1. Petitioner is the (Name of Office) , herein represented by the (Designation), (Name of petitioner), with office address at No. 389 San Rafael Street corner Legarda, Sampaloc, Manila.

2. Subject minor, MALKOLM KENETTHE SAMSON, 14 years old, born on March 31, 1995 in Lingsat, La Union[i], has been under the care and protective custody of Nayon ng Kabataan (hereinafter referred to as NK), a residential facility under the DSWD - NCR located at Addition Hills, Welfareville Compound, Mandaluyong City, since 26 October 2009.

3. The minor is allegedly the victim of physical, emotional and verbal maltreatment perpetrated by Respondent, KATHLEEN NORDSTROM, the minor’s biological mother, a resident of 28-B Matipid Street, Sikatuna Village, Quezon City, based on the information given by Juliet Alair, Social Welfare Officer II of DSWD-NCR, Community Based Services Unit (CBSU), who referred the minor to NK[ii].

4. Subject minor was residing with Respondent at their residence at 28-B Matipid Street, Sikatuna Village, Quezon City, before he was referred to NK for protective custody. He divulged a series of abusive incidents[iii] that he suffered at the hands of Respondent, his own mother, the worst of which includes, among others:

4.a. In 2003, when he was 8 years old, his mother locked him in his room for five hours or more, after she accused him of stealing a Rolex watch, something which he denied repeatedly.

4.b. In 2006, when he was 11 years old, his mother left him behind at the Mall of Asia, after she scolded him. He waited for several hours for his mother to return to the Mall of Asia, in the hope that his mother would take pity on him. When it became clear to him that his mother had already abandoned him, he asked the help of the security staff of the Mall of Asia who brought him to the residence of Rowena Eusebio, the grandmother of his half-sisters at White Plains, Quezon City, which they reached at about 12:00 midnight.

4.c. In 2007, when he was 12 years old, his mother hit him on the head with a metal piggy bank that was full of coins, breaking the bank and causing a head wound that bled profusely. His mother sent him to the clinic near their house where the wound was treated and he was prescribed antibiotics and pain reliever which he took for a week. The reason for his mother’s outburst was Ebecause he failed to do his household chores to her satisfaction and he accidentally broke his mother’s glass cup.

4.d. In 2008, when he was 13 years old, his mother hit him with a plastic dipper which caused another deep head wound. She chased him with a screwdriver and an ice pick when his mother got angry with him because he forgot to clean the ice skates of his sisters. He was treated at the school clinic of De La Salle Greenhills. Ms. Eusebio later brought him to the Emergency Room of the Cardinal Santos Hospital.

4.e. On 13 September 2009, the minor and his mother had another argument, wherein she hit him with a broom and a piece of plywood, punched him, kicked him and pulled his hair, and burned his clothes and books and again chased him with a knife and a screwdriver. His mother drove him out of their house.

4.f. His mother would always hit him with a broom whenever she was not satisfied with how he washed the dishes, swept the floor and did other household chores, unmindful of the physical or psychological effects on him.

5. On 13 September 2009, after his mother drove him out of their house, he went to the house of the maternal grandparents of his half-sisters in White Plains, Quezon City, where he stayed for two (2) weeks.

6. The minor then sought the assistance of La Salle Greenhills, where he is a high freshman school. He stayed temporarily at the school athlete’s dormitory.

7. Upon the referral of the school, the minor was initially turned-over to the DSWD-NCR, Community Based Service Unit (CBSU) who then referred him to NK for protective custody and case management.

8. As proof of his being subjected to physical and psychological harm, attached are the school medical reports/records of his several consultations with the school clinic, the guidance counselor’s reports and initial psychological findings of the NK resident psychologist.

9. Based upon the aforementioned grounds and to protect the said minor from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to his development, this instant petition for the involuntary commitment of the subject minor with the petitioner is filed pursuant to of Presidential Decree 603 otherwise known as the “Child and Youth Welfare Code” and A.M. No. 02-1-19-SC, Re: The Proposed Rule on Commitment of Children.

10. Article 142 of PD 603 provides: “The Department of Social Welfare Secretary or his authorized representative or any duly licensed child placement agency having knowledge of a child who appears to be dependent, abandoned, or neglected may file a verified petition for involuntary commitment of said child to the care of duly licensed child placement agency or individual.

The petition shall be filed with the Juvenile and Domestic Relations Court, if any, or with the Court of First Instance, of the province or city in which the parents or guardians reside or the child is found.”

11. Section 4, A.M. No. 02 – 1 – 19 – SC, Re: Rule on Commitment of Children, which took effect on 15 April 2002, is an almost verbatim reiteration of the aforementioned provision: “(a) Who may file. - The Secretary of the Department or his authorized representative or any duly licensed child-placement or child-caring agency having knowledge of a child who appears to be dependent, abandoned, or neglected, may file a verified petition for involuntary commitment of said child to the care of any duly licensed child-placement or child-caring agency or individual.

(b) Venue. - The petition shall be filed with the Family Court of the province or city in which the parent or guardian resides or the child is found.”

12. Section 28 of Republic Act 7610, otherwise known as the Child Abuse Act, provides that: “The offended party shall be immediately placed under the protective custody of the Department of Social Welfare and Development pursuant to Executive Order No. 56, series of 1986. In the regular performance of this function, the officer of the Department of Social Welfare and Development shall be free from any administrative, civil or criminal liability. Custody proceedings shall be in accordance with the provisions of Presidential Decree No. 603.

13. It is the policy[iv] of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development. The State shall intervene on behalf of the child when the parents, guardians, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation, and discrimination, or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same, as is clearly demonstrated in the case of MALKOLM and his mother, herein Respondent.

14. The best interests of the child, which is the paramount consideration in all actions concerning her, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities and legislative bodies, consistent with the United Nations Convention on the Rights of the Child[v], dictate that he be declared an emotionally neglected and abused child within the ambit of Article 141(3)(b) of P.D. 603 and Article VI, Section 10(a) of RA 7610 and committed to the care and custody of the DSWD until such time that the DSWD has completed its study and investigation and submitted its report as to the most suitable arrangement for the temporary and/or permanent care and custody of MALKOLM.

PRAYER

WHEREFORE, premises considered, it is hereby prayed of this Honorable Court that, after hearing, a judgment be rendered:
1. Declaring minor MALKOLM KENETTHE SAMSOM to be a neglected and abused child;
2. Committing minor MALKOLM KENETTHE SAMSOM to the care and custody of the Department of Social Welfare and Development. 3. Granting such other relief that is just and equitable under the premises. 05 November 2009 Mandaluyong City DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT By:

(NAME of Petitioner) Designation office adress

VERIFICATION AND

CERTIFICATE of NON – FORUM SHOPPING

I, (Name of Petioner), Filipino, and with office address at 389 San Rafael Street corner Legarda Street, Sampaloc, Manila, after having been sworn in accordance with law, depose and state that: 1. I am the duly authorized representative of petitioner; 2. I have caused the preparation of the foregoing petition; 3. I have read the allegations thereof and the same are true and correct of my personal knowledge or based on authentic records; 4. I have not commenced any other action or proceedings against the respondent involving the same issues in any other court or tribunal, 5. To the best of my knowledge and belief, there is no such action pending with the Supreme Court, Court of Appeals, or any other court against herein respondent for the same cause. 6. In the event that I learn that there is a similar action pending before any court or tribunal involving the same issue, that I shall report the said fact to this court within five (5) days thereof. IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of November 2009 in the City of Manila. (Name of Petitioner) Affiant

SUBSCRIBED AND SWORN to before me this ____ November 2009 in the City of Manila, Philippines, affiant exhibiting to me her CTC No ___________ issued on _____________ in ________________. Notary Public
Doc. No.____;
Page No.____:
Book No.____;
Series of 2009

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[i] Annex “A” – Certificate of Live Birth
[ii]Annex “B” - Referral letter
[iii]Annexes “C” and “C-1” - Minor’s statement of incident of abuses
[iv] RA 7610, Article I, Section 2
[v] Rule on Commitment of Children, Section 2