REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

REGIONAL TRIAL COURT
MALOLOS CITY, BULACAN
BRANCH _______

PETITION FOR THE LEGAL

CUSTODY OF MINORS
JAMES JR. and JACK BERNARD,
both surnamed FAGER,

JAMES W. FAGER, SP. PROC. NO. ______

Petitioner,

-versus-

ARLENE C. MARTINEZ,
Respondent.
x. . . . . . . . . . . . . . . . . . . . . . . . . . . . . x

PETITION

Petitioner JAMES W. FAGER, through the undersigned counsel, unto this

Honorable Court, most respectfully states: THAT

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PARTIES

1. Petitioner JAMES W. FAGER is of legal age, U.S. citizen, married and

presently residing in the Philippines at Block 12, Lot 3. Rosal Street, Milflora
Homes, Brgy. Sabang, Baliuag, Bulacan. He may be served with notices, orders,
summons and other court processes through the undersigned counsel.

2. Respondent ARLENE CABRAL MARTINEZ is likewise of legal age,

single, Filipino citizen and reportedly staying in Abha, Saudi Arabia. However, her
last known address in the Philippines is at No. 2 Teodoro Street, Brgy. Tangos,
Baliuag, Bulacan where she may be served with summons, notices, orders and
other court processes.

3. Minors JAMES JR. and JACK BERNARD, both surnamed FAGER

are the natural and biological children of petitioner with the respondent. The
minors have been living with the petitioner since birth and are currently under his
custody. In support hereof, copies of the Certificates of Live Birth of minors
JAMES JR. and JACK BERNARD, both surnamed FAGER, hereto attached
and marked as Annexes A and B, respectively, and made integral parts of this
petition

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 II
ALLEGATIONS IN SUPPORTOF THE PETITION

4. Petitioner first arrived in the Philippines in year 2006. During his early
sojourn in the country, he met respondent in one of the night bars in Angeles City,
Pampanga where the latter was a regular dancer. Petitioner was, thus, enticed to
frequent the bar and would fondly watch respondent perform her dancing skills on
stage. Petitioner would then spend the night drinking with respondent inside the
bar. It was during these occasions that he had the chance to make amorous
advances unto her. After two (2) weeks, their intimacy blossomed into a love
affair. They became sweethearts and their carnal affair resulted into respondent
getting impregnated.

5. Thereafter, petitioner asked respondent if she is willing to live with him.

Respondent accepted the proposal but with the reservation that she is obliging
solely for the sake of money. She the resigned from her job as a bar dancer and the
two (2) of them lived together as husband and wife without the benefit of
marriage.

6. From Angeles City, they first moved to Manila and subsequently

transferred to Bustos, Bulacan where the parents of respondent reside. They finally
settled in Brgy. Tangos, Baliuag, Bulacan where their first child JAMES JR.
was born on November 6, 2008.

7. At the start, the relationship seemed to be alright whereby petitioner

would take full responsibility of providing food, groceries, clothing, medicines,
utilities and other necessities of the household. On the other hand, respondent
would attend to the needs of minor JAMES JR.. The supposed harmonious
relationship between the two (2), however, was attended by occasional squabbles.
Respondent started to manifest erratic behavior with emotional flare-ups. True to
her word, she would always demand for money even when the need does not arise.
If not satisfied, she would become impulsive and impatient and would vent her ire
and frustrations against petitioner for no apparent reason. Notwithstanding
respondents afore-quoted imperfections, however, petitioner remained calm and
continued to act like a good father of a family by always providing financial needs
to respondent and their minor child JAMES JR..

8. On February 20, 2011, respondent gave birth to their second child who
was later christened as JACK BERNARD. Petitioner continued displaying his
sense of responsibility by looking at the welfare of the family, not only from the
standpoint of financial needs but emotional affection as well. On the contrary,
respondent went on with her careless and irresponsible ways and continued with
her antics of always asking money for no apparent reason.

9. In short, the common-law relationship between petitioner and

respondent was rendered shortlived. Discord eventually took place as respondents
true color re-surfaced. Her penchant for a happy-go-lucky way of life and sense of
irresponsibility were again demonstrated, in that:

a. She went back to her old ways of drinking liquor heavily. She would go
out with friends at night and when she returns home, she would be carried and

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brought inside the house during the wee hours the next morning completely
passed-out or dead-drunk.
b. Instead of attending to the necessary household chores, she prefers to
sleep all day and when she wakes up, she would drink liquor again until she
passes out. Neither would she look for a decent job to be able to earn money
because as already repeatedly said, she would simply ask money from petitioner.

c. She always go to her parents place in Bustos, Bulacan and comes home
during wee hours the next morning dead-drunk. She also would just leave
petitioner to take charge of the necessary expenses for the care and welfare of
their minor sons James Jr. and Jack Bernard.

d. She always play card game known as (tong-hits) with friends the whole
day and would not care about the needs of their minor children. She is totally
irresponsible rendering her unfit to be considered a typical/caring mother.

10. Sometime in 2015, petitioner had to go back to the United States due to
heart illness. As earlier diagnosed, he had to undergo an open-heart surgery in
the United States. During that year, he was finally subjected to surgical operation
at the HONOR HEALTH DEEP VALLEY 19829 N 27 th Avenue, Phoenix,
Arizona 85027.

11. Before going abroad, however, petitioner was not remised in his duty of
leaving substantial amount of money for the sustenance of his family. While in the
United States, he would regularly send an allowance of P7,500.00 per week to
respondent and their two (2) minor children.

12. Meanwhile, respondent continued her unwarranted traits of drinking,

going out with friends at night till the next morning, thus, totally abandoning and
depriving their two (2) minor kids of the needed affection, care and custody of a
loving mother.

13. Worse, she started having an affair with another man. She even allowed
the man to stay with them, i.e., in the same house/roof where they lived. This
scenario further sent the two (2) minors into a state oblivion or limbo. At times,
petitioner and her lover would have sexual intercourse in full view of the minors.
They would perform sexual acts that are inimical to the innocent minds of the
minors, thus, prejudicing their mental and psychological development.

14. The scandalous circumstances blatantly displayed by the respondent

and her lover, being occasionally witnessed by the minors, compelled them to
report the matter to their father, the petitioner herein. Every time that they are
caught under scandalous circumstances, respondents lover would resort to hitting
the minors in the face and other parts of their bodies causing fear and fright on
their fresh minds.

15. As the relationship between the petitioner and respondent has already
reached a point of irreconcilable differences, respondent had the temerity of telling
the petitioner to better call it quits as she is now resolved to sever her relationship
with him. On the contrary, petitioner kept on reminding her about the
consequences of separation as well as its impact on their minor children but to no

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avail. Separation was, thus, inevitable. Their separation took place when petitioner
was still recuperating from his surgical operation in the United States.

16. The severance, notwithstanding, petitioner nevertheless, continued with

his bounden duty of regularly providing allowances to his minor children and
respondent as well until he finally returned to the Philippines sometime in 2017.
Petitioner stayed with his two (2) minor sons and continued to perform his duties
as a caring father. He did the functions left by respondent. He became the minors
father and mother at the same time. On the other hand, respondent clung to her
patented ways of drinking heavily with friends every night, maintaining a lover
and such other similar vices.

17. In March 2017, respondent totally abandoned the petitioner and the two
(2) minors when she unexpectedly and unceremoniously left for Saudi Arabia
where she stays up to the present. Regrettably, petitioner came to know of this
scenario only from a friend.

18. Presumably bothered by her conscience and possibly afraid of the loss
of the two (2) minor in favor of the petitioner, respondent warned the petitioner
not to take/bring away James Jr. and Jack Bernard from their place in Brgy.
Tangos, Baliuag, Bulacan, otherwise, she would do everything to take them back
upon her return to the Philippines. Worse, she even threatened that something will
happen to petitioner if he take/bring away the minors with him.

19. Having known the true character of respondent in the past, petitioner
was compelled to bring the minors into a safe and more conducive place to reside,
with their physical and psychological development as the primordial concern.
Petitioner then brought the minors to Baguio City in May 2017 where they now
temporarily stay. As the minors are already in their school ages, petitioner enrolled
them at the Camp 7 Young Land Elementary school. The minors are now
temporarily staying with petitioners daughter. Meanwhile, petitioner would
frequent his trips from Baguio City to Baliuag, Bulacan, and vice-versa.

III
GROUNDS IN SUPPORT OF THE PETITION

21. As may be gleaned from the foregoing recitals, there are compelling
reasons for respondent to be denied the privilege or right to custody over the two
2) minors namely James Jr. (8 years old) and Jack Bernard (6 years old). The
evidence obtaining shows that respondent is unfit to take the care and custody of
the minors. Her immorality is readily apparent, in that, while petitioner was still
recuperating in the United States, she already had a lover in the Philippines.
Worse, she had the temerity to regularly ask money from the petitioner despite her
infidelity.

22. The illicit and immoral activities of respondent have already caused
emotional disturbances, personality conflicts and exposure to immoral values to
the minors. She likewise neglected and abandoned them by choosing to overstay
in the Middle East thereby displaying her sense of irresponsibility in fulfilling her
duties as a mother to the two (2) minors. She lived a care-free life choosing not to
be burdened by the maternal responsibilities.

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 23. While respondent has time and again shown her incapacity and
unsuitability to take care of the two (2) minors, petitioner, on the other hand, has
always taken on the full parental duties and responsibilities for the welfare and
well-being of his minor sons.

24. To deny petitioner of this privilege would have negative psychological

effects on the minors. It would be painful and traumatic on their part to be
separated from love and affection that their father had exemplified upon them.

25. Further, there can be no dispute that in the determination of custodial

issue, the paramount consideration would be the respective resources of the
parents. In the instant case, respondent has no visible means of income as she is
totally dependent upon the petitioner for money. On the contrary, petitioner is
more in a position to provide the financial needs of the minor, he being the Chief
Finance Officer (CFO) of a US firm known as 360 TECH LLC IT WEB
DEVELOPER with address at 1331 Third Floor, Chicago, Illinois 60640. He owns
15% of the firms capital, the other 85% belonging to his partner named Charles
Famer who is the firms Chief Executive Officer (CEO).

26. In a similar vein, petitioner has taken on the challenge and has fulfilled
his parental duties and obligations from the start up to the present. He has nurtured
his two (2) minor sons and is willing to continue doing so, taking into
consideration their physical, emotional, psychological, mental, social and spiritual
needs.

27. Premised on the foregoing submissions, petitioner humbly seeks to be

given the legal custody of minors JAMES JR. and JACK BERNARD, both
surnamed FAGER.

IV
PRAYER

WHEREFORE, foregoing premises considered, it is most respectfully

prayed of this Honorable Court that an Order be issued:

1. Recognizing, confirming and awarding sole legal parental custody over

minors JAMES JR. and JACK BERNARD, both surnamed FAGER, in favor of
the Petitioner.

Other reliefs that may be just and equitable under the premises are equally
prayed for.

Malolos City, Bulacan, August _____, 2017.

ATTY, MELVIN J. ABAD

Counsel for the Petitioner
No. 9 Electron St., Meralco Village
Brgy. Lias, Marilao, Bulacan

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 ROLL NO. 30747
IBP LIFE MEMBER NO. 01191
MCLE Compliance No. V-0025179-05-25-17
VERIFICATION AND CERTIFICATION
OF NON-FORUM SHOPPPING

I, JAMES FAGER, of legal age, single, with residence and postal address
at Block 12, Lot 3, Rosal Street, Milflora Homes, Sabang, Baliuag, Bulacan, after
having been duly sworn to in accordance with law hereby voluntarily depose and
state that:

1. I am the Petitioner in the above-captioned case;

2. I have caused the preparation of the said petition;

3. I have read all the allegations contained therein and that they are true and
correct to my personal knowledge and based on authentic documents and
records;

4. I have not commenced any action or proceeding involving the same

issues in the Supreme Court, the Court of Appeals, The Regional Trial
Court, or any other judicial or quasi-judicial tribunal or agency in the
Republic of the Philippines;

5. To the best of my knowledge, no such action or proceeding is pending in

the Supreme court, the Court of Appeals, or different Divisions thereof, or
any other tribunal or agency;

6. If I should learn that a similar action or proceeding has been filed or is

pending before the Supreme Court, Court of Appeals or any other tribunal
or agency, I undertake to promptly inform the aforesaid courts and such
other tribunal or agency of such fact within five (5) days therefrom.

FURTHER AFFIANT SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this

________ day of August 2017 at Baliuag, Bulacan, Philippines.

JAMES W.FAGER
Affiant

SUBSCRIBED AND SWORN to before me this _______ day of

August 2017, at Baliuag, Bulacan, Philippines by affiant who exhibited to
me his US Passport Card No. C13073381 as his competent evidence of
identity.

DOC NO. _______;

PAGE NO. ______;
BOOK NO. ______;

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SERIES OF 2017.