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Republic of the Philippines

SHARIA DISTRICT COURT


Branch 2, Sharia Judicial District
Zamboanga City

Mohammed Alih,
Plaintiff,

versus CIVIL CASE NO. 00143

Fatima Yusop, For: CUSTODY OF MINOR


CHILDREN
Defendant.

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

COMPLAINT

COMES NOW the plaintiff, by the undersigned counsel, unto this Honorable Court, most
respectfully avers:

1. That plaintiff is of legal age, Filipino Muslim, and a resident of No.065 Sunset Drive,
Tugbungan, this City;

2. That defendant is of legal age, Filipino Muslim, and a resident of No. 143 Sunrise Drive,
Mampang, this City, where she may be served with summons and other processes of the
court;

3. That the plaintiff and defendant married on August 14, 2002 in accordance with Islamic law,
and lived as husband and wife until January 16, 2014 when plaintiff divorced defendant by
repudiating the latter in accordance with the Muslim Code of the Philippines (Presidential
Decree No. 1083);

4. That during the marriage the plaintiff and defendant begot two (2) children, namely, Jamil
aged 9 years old and Jamila aged 8 years old, all surnamed Alih;

5. That on February 14, 2014 defendant entered into a new contract of marriage with Almar
Misa;

6. That said children are all under the care and custody of the defendant;

7. That defendant has no means of income and rely entirely upon her husband Almar Misa for
support and, hence, lacks the financial capacity to raise and educate said children properly;

8. That on several occasions plaintiff demanded that defendant bestow the care and custody of
said children to the former but the latter failed to heed to the demand and continues to do so
without just and lawful cause; and

9. That plaintiff is fully interested in their well-being as their biological father and is financially,
morally, and socially in a much better position than the defendant to raise and educate the
children.

WHEREFORE, foregoing considered, plaintiff most respectfully prays that judgment be


rendered ordering defendant:

a. To submit the care and custody of the two (2) children, namely, Jamil and Jamila, all
surnamed Alih to plaintiff without prejudice to defendants visitation rights as the mother
during such period as the Honorable Court deems proper;

b. To pay the costs of the suit.

Plaintiff further prays for such other reliefs deemed just and equitable under the premises.

12 June 2014, Zamboanga City, Philippines.


LEIZEL L. LUZON
Counsel for Plaintiff
69TH/F, Tall Building
Mayaman Street
Zamboanga City
IBP O.R. 014344 6/11/2012
PTR No. 2014-6/11/2

REPUBLIC OF THE PHILIPPINES


CITY OF ZAMBOANGA
x-----------------------------------------x

Mohammed Alih, after being sworn to in accordance with law, depose and say: That he is the
plaintiff in the above-entitled case; That he has caused the above-complaint to be prepared and has read
and knows the contents thereof; and, That the allegations therein are true based on his own knowledge.

That he has not therefore commenced any action, filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency and to the best of his knowledge, no such other action or claim is
pending therein; if there is such other pending action or claim, a complete statement of the present status
thereof shall be filed; and if he should thereafter learn that the same or similar action or claim has been
filed or is pending, he shall report that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
Mohammed Alih
Affiant

SUBSCRIBED AND SWORN to before me this 12 th day of June 2014 at Zamboanga City,
Philippines. Affiant exhibiting his residence certificate no. 145569 issued at Zamboanga City on January
4, 2014.

ATTY. FATMA UCKU


Notary Public
Until 12/4/16
PTR No. 3917-1/1/14

Republic of the Philippines


SHARIA DISTRICT COURT
Branch 2, Sharia Judicial District
Zamboanga City

Mohammed Alih,
Plaintiff,

versus CIVIL CASE NO. 00143

Fatima Yusop, For: CUSTODY OF MINOR


CHILDREN
Defendant.

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

ANSWER

DEFENDANT, by counsel, unto this Honorable Court, respectfully alleges:

1. That defendant admits the allegations of paragraphs 1, 2, 3, 4 and 6 of the complaint;

2. That defendant specifically denies the allegation of paragraph 5 of the complaint the truth
being that her supposed marriage with Almar Misa did not materialize and defendant is still a
divorcee at present;

3. That defendant specifically denies the allegation of paragraph 7 of the complaint the truth
being that after the divorce the defendant was hired as a manager of a government owned and
controlled bank and, therefore, is earning income and does not depend upon anybody for the
support of herself and the children;
4. That defendant denies the allegations of paragraph 8 of the complaint for want of knowledge
and information sufficient to form a belief thereof; and

5. That defendant admits paragraph 9 of the complaint insofar as it alleges that plaintiff is the
father of said children but denies all the other parts thereof for want of knowledge and
information sufficient to form a belief thereof.

WHEREFORE, it is respectfully prayed of this Honorable Court that the complaint be dismissed
for lack of merit.

Other reliefs deemed just and equitable under the premise are also prayed for.

26 June 2014, Zamboanga City, Philippines.

ZEL L. ZON
Counsel for Defendant
1/F, Panalo Building
Talosila Street
Zamboanga City
IBP O.R. 00101 1/16/2012
PTR No. 2014-1/16/2012
Copy received:
______________
______________

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