Sample Answer To Habeas Corpus

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Republic of the Philippines

REGIONAL TRIAL COURT


Branch____ Iligan City

IN RE: PETITION FOR HABEAS CORPUS
OF THE MINOR MARIA MAKILING

JUANA MAKILING, SP No.__________
Petitioner,
-versus-

PEDRO MAKILING
Respondent.

x---------------------------------------------x

A N S W E R

COMES NOW the respondent, by undersigned counsel, and in answer to plaintiff's
petition, respectfully alleges:

1. That respondent admits paragraphs 1, 2 and 3 of the petition;

2. That respondent is without knowledge or information to form a belief as to the
truth of the averments made in paragraph 4 thereof;

3. That respondent DENIES specifically each and every material allegations made in
paragraph 5 of the petition, and alleges that there is no unlawful restraint by the respondent since
he asked permission to the petitioner if their daughter can stay at his house for one day to
celebrate the respondents birthday and pick her up from school, which the petitioner agreed and
consented to it;
4. That respondent DENIES specifically the allegation made in paragraphs 6 and 7
of the petition, and alleges that respondent refused to give custody of the child to petitioner only
because the child was sick and under the care and medication of respondents family doctor;


WHEREFORE, it is respectfully prayed that:
(a) That the Petition for Habeas Corpus be dismissed in favor of the respondent;
and
(b) And for such other reliefs as may be just and equitable, and for costs.

Iligan City, July 7, 2014.


ATTY. JUAN TOTREE
Counsel for the Respondent
Iligan City
IBP Lifetime no.______Iligan City
PTR No.___________Iligan City
Roll of Attorney No.____________
MCLE Compliance No.


VERIFICATION

I, PEDRO MAKILING, of legal age, do hereby state :

1. That I am the respondent in the above entitled Petition for Writ of Habeas Corpus
2. That I have caused the preparation by my counsel of said Answer to the Petition
3. That I have read the allegation therein contained, and that the same are true and
correct of my personal knowledge or based on authentic records
Witness my hand this 7
th
day of July 2014 at Iligan City, Philippines


PEDRO MAKILING
Affiant

SUBSCRIBED AND SWORN TO before me in the City of Iligan on the 7
th
day of
July 2014 , affiant exhibiting before me her Government Issued ID No. ___________ issued
on___________________at_________________________


Notary Public
Until ________________
PTR NO._____________
Issued at Iligan City
On July 2,2014


Doc. No.____
Page No.____
Book No.____
Series of 2014.

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