Republic of the Philippines

FIRST JUDICIAL REGION

Family Court
Baguio City

Miranda Dela Cruz and Janet Dela Cruz,

Petitioners,
Civil Case No. 17-ABCD
FOR:
-versus- Suspension of Parental Authority

Spouses Michael and Amanda Dela Cruz,

Respondents.
X - - - - - - - - - - - - - - - - - - - - - - - - - - - -X

PETITION

Petitioners, thru undersigned counsel, respectfully alleges:

1. Petitioner Miranda is Filipino, 15 years old, single and a resident of Vinewood,

Baguio City, Philippines while petitioner Janet is Filipino, 45 years old, single and a
resident of the same address.

2. Respondent Spouses are both Filipinos, of legal age, and residents of Vespucci
Beach, La Union, Philippines. Summons and other court processes to them may be
served to at their aforementioned address.

3. Petitioner Miranda is the eldest daughter of the respondents. She has two
younger siblings: Lamar, age 10 and Tanya, age 8. Photocopies of the respective
Certificates of Live Birth of the petitioner and her siblings are hereto attached as Annexes
A, B and C, respectively and made integral parts hereof.

4. Respondents are full time youtubers who post videos on Youtube and derive
income from affiliations and sponsorship from different firms who placed ads on their
video. They manage two channels: (1) CrusingwiththeDelaCruz (hereinafter referred to
as the vlog channel) which is a travel and vlog channel; and (2) Perfectly You with
Amanda which is devoted for beauty and make-up products wherein respondent Amanda
conducts make-up tutorials and reviews make-up products. Screenshots of the channels
are hereto attached as Annexes D and D-1 and made integral parts hereof.

5. When respondents started posting videos on Youtube, petitioner was only 9

years old.

1
 6. In the vlog channel, respondents documented their travels as a family. They
also documented their entire lives via a video camera for 24 hours which will be
condensed and edited by the respondents into 10 to 15-minute videos and eventually
uploaded to their channel.

7. The videos have over 4,600,000.00 views and the two channels have a
collective 800,000 subscribers which come from the Philippines, in the United States and
across Asia.

8. The videos have Youtube affiliations and get money from sponsorship. Trips
abroad were sponsored, and some products used on camera were sent to them.

9. Subscribers to the vlog channel are fascinated by petitioner Miranda and how
she grew up before their eyes. The demand for her to be included in the vlogs became
more insistent as the years passed.

10. When petitioner Miranda was 12 years old, she stared getting teased about
the videos. One of the videos posted was of her mother sharing her first menstruation
experience and detailed the changes in her body because of puberty. In May 2014, her
family went shopping when they passed by a store selling lingerie. The complainant
wanted to go inside but her mother exclaimed bakit ka pupunta diyan e wala ka namang
boobs. This exchange was recorded and included in the video posted on Youtube.

11. After the video was published, her classmates and her teachers were teasing
her about her mothers exclamation that she had no breasts. Some were good natured
ribbing, but others were mean and malicious.

12. Her grades suffered because she refused to go to school. She was depressed
all the time. She started losing weight and when the depression got really bad she would
start cutting herself.

13. She told no one, not even her aunt and especially not her parents. She avoided
the camera and sometimes would make up reasons to delay going home and instead
stayed with petitioner Janet. She would also avoid going on trips with her family claiming
that she had too much school work and would prefer staying with her aunt.

14. At the start of 2017, she told her parents that she does not want to be on
camera anymore. She explained what happened to her and how she was being bullied in
her school.

15. Her parents balked at the idea of her not being on camera and on the vlog but
they eventually succumbed. From January to March she was not shown on the vlogs.

2
 16. Certain subscribers noticed and wondered in the comments section where she
was. Eventually, respondent Amanda made a 10-minute vlog detailing the reasons why
her daughter is no longer included in the vlog. She explained that the complainant was
being bullied by her classmates. And as a concerned mother she did not want to expose
her daughter to that kind of environment. She also narrated the names she was being
called by her classmates. She exclaimed that her daughters teachers did not stop the
bullying but tolerated and sometimes contributed to it.

17. Within hours after the video was uploaded, petitioner was again being bullied
by her classmates. The school got wind of the bullying and called her to explain herself.
She denied it.

18. In June 2017, her parents started talking about her again on the vlog. They
mentioned her desires, their complaints about her, how she sleeps late and never helps
in the chores. Her mother shared an argument they had about how petitioner refuses to
go to church because petitioner kept on insisting that she is an Atheist. All vlogs
mentioned have been reduced into mp4s and have been stored in the DVD-R which is
hereto attached as Annex E and made an integral part hereof.

19. Petitioner Miranda noticed that in the comments section of videos she appears
on there were a handful of perverted comments about her from foreigners. These
comments will then be parroted by her classmates and whispered behind her back. A
screenshot of the comments are hereto attached as Annexes F, F-1 to F-26 and
made integral parts hereof.

20. Petitioner reported the incident to her aunt. She told her aunt how videos of her
were being uploaded and how she was still being discussed and recorded by respondent
despite her objection to it.

21. Her inclusion in videos since she was 10 years old, without her consent, has
caused her mental anguish and anxiety. With the assistance of her aunt, she has started
treatment with a psychiatrist for her trauma. Photocopies of the psychiatric evaluation
report on petitioner Miranda is hereto attached as Annex G and G-1 and made an
integral part hereof.

WHEREFORE, for the neglect and violation of petitioners rights, petitioner prays
for the:
1. Suspension of respondents parental rights.
2. For the appointment of aunt as the guardian of the petitioner until the age of
majority

3
 3. For the award Php.1,000,000 as moral damages, Php. 100,000 as actual
damages and the payment of exemplary damages in the amount of Php.
100,000.
4. For the removal of all videos which discuss her directly.

Finally, petitioners, pray for all other measures just and equitable under the
circumstances.

4
INSTRUCTION:
1. Your clients are the respondents in this case. Prepare an internal memorandum
addressed to Atty. Delos Santos, the lead counsel of this case. Identify the authorities
that can support your case, as defense or attack.
2. Your clients consideration:
a. Is the consent of the Miranda and her siblings necessary before they post the
videos on Youtube?
b. How may this affect the parental authority over their two other children who are
featured heavily on the vlog.
c. Is there a way by which they can proceed with vlogging without endangering
their children?
3. Identify the weaknesses of your case. Weigh the strength of your case against its
weakness and in a section marked as Recommendation, explain your
recommendation as how to attack the case.
4. Observe proper citation under the Manual for Judicial Writing.
5. Your Internal Memorandum shall be collected the day of your examinations on
December 9, 2017.
6. Your internal memorandum should not be longer than 10 pages in short coupon bond.
Single spaced with proper margins. Do not use comic sans as font. No cover pages
please. Write your name and section at the dorsal side of the last page of your internal
memorandum.