Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch ___, Quezon City

REYNALDO B. GAGNON, JR.

Plaintiff,

- versus - Civil Case No. ____________

ANGILETTE S. DELA CRUZ

Defendant.
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PETITION FOR VISITATION RIGHTS

COMES NOW, petitioner REYNALDO B. GAGNON, JR.

through counsel, unto this Honorable Court, respectfully alleges:

1. That petitioner is of legal age, residing at No. 20, 10th Avenue,

Cubao, Quezon City and the father of CHLOE RYSSE DELA CRUZ
GAGNO who was born on 03 July 2011, now is six (6) years old, the
subject of this petition. Copy of Certificate of Live Birth is hereto attached
as Annex “A”.

2. That ANGILETTE S. DELA CRUZ, herein Respondent, is the

mother and the person in custody of the abovementioned child with a
residence at No. 32-A, 10th Avenue, Cubao, Quezon City.

3. That both parties had been, for several years, conducting themselves
as common law husband and wife and thereafter in 2011 begot a child
named CHOLE RYSSE DELA CRUZ GAGNO.

4. That because of persistent jealousy and malicious accusations of

Respondent against Plaintiff, the relationship between parties became sour
that resulted to constant disagreements and fights which the child cannot
avoid to witness. As a consequence, the fall out of their relationship.

5. That under a Police Blotter report on 22 May 2015, Petitioner inquired

for custody of the child on the ground that Respondent had no job to sustain
the basic needs of the child. However Petitioner was referred to the Public
Attorney’s Office. Copy of Police Blotter Report dated 22 May 2015 hereto
attached as Annex “B”.

6. That since their bitter separation sometime in 2015 due to constant

misunderstandings and frequent quarrels, the Petitioner was forced to leave
their conjugal home for the well-being of the child thus leaving the latter in
custody of the Respondent.
7. Petitioner’s effort to visit his daughter proved to be difficult and if
not, was made impossible on the part of the petitioner due to parties’
personal differences which prevented him to see nor talked to his daughter.

8. That since then, Petitioner did not fail and continued to support his
daughter by sending money to Respondent after their separation.

9. In consequence thereof, Petitioner had no other recourse but to seek

the intervention of this Honorable Court and respectfully asks for the
exercise of his visitation rights over his daughter.

10. It is a moral and legal duty of a parent to support, care and rear his
children for civic consciousness, efficiency and the development of their
moral, mental and physical character and well-being as stated in Article 209
in relation to Article 220 of the Family Code. This includes love, affection,
companionship and understanding that can only be exercised under parental
authority each of the child’s parent.

11. Although it is provided under Article 176 of the Family Code, that an
illegitimate child is under the exclusive parental supervision of the mother
and shall be entitled for support. In this case, Chloe was born out of wedlock
therefore considered as an illegitimate child of the parties. There being only
six (6) years old, the custody of the child belongs to Respondent. However,
Article 49 of the Family Code provides for appropriate visitation rights to
the parent not given custody of his children, which in this case is the
Petitioner.

12. According to Silva v. Court of Appeals (G.R. No. 114742. July 17,
1997) the court held that visitorial right of a father over his illegitimate
children is constitutionally protected and recognized to be a natural and
inherent right of the father. Therefore, prohibition and unreasonable
prevention to exercise this right should not be warranted that the relationship
of father and his child will suffer due to individual differences of his
estranged parents. In this case, the interest and welfare of the child should
always be the paramount interest of all parties concerned.

13. Hence, petitioner hope to exercise his visitation rights over his
daughter. Petitioner proposed to pick up her daughter every other Saturday
twice a month in the residence of the respondent or any other place
designated or agreed upon by herein parties to be returned on the same day
or the next day as agreed upon by both parties.

PRAYER
 WHEREFORE, it is respectfully prayed that after due notice and
hearing, an order by this Honorable Court enforcing the visitation right over
his daughter be issued in favor of the Plaintiff.

Other and further relief as may be just and equitable with law and
justice are likewise most sought for.

24 July 2017 Quezon City.

ALAINE ARNOLF A. PALOMO

Roll of Attorneys No. 56507
IBP Lifetime Member No. 08874
PTR No. 6043605/01.03.2012/Quezon City
MCLE Compliance No. III-0008312
Republic of the Philippines)
Quezon City ) S.S

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, REYNALDO B. GAGNO, of legal age, under oath, hereby depose

and states:

1. That I am the plaintiff in the above-entitled case.

2. That I have caused the preparation of the foregoing

Petition.

3. That I have read and understood the same and that all the
allegations of facts contained therein are true and correct
of my own personal knowledge and/or based on authentic
records;

4. That I have executed this verification/certification to

attest to the truth of the foregoing.

REYNALDO B. GAGNO
Plaintiff

SUBSCRIBED AND SWORN to before me this ___day of July

2017, affiant exhibiting to me his ___________________________ as
evidence of identity.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2017.