Republic of the Philippines

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
Branch ___
Iba, Zambales

IN RE: PETITION FOR HABEAS CORPUS OF

RONIEL M. ORTALEZA, MARIEL M.
ORTALEZA, AND JONELL M. ORTALEZA.

X……………………………………………X

GINA O. MENDOZA, SP. PROC. CASE

PETITIONER, NO.
_______________
- VERSUS -

LARRY B. ORTALEZA, JR,

RESPONDENT.
X------------------------------------------------------
--X

PETITION FOR HABEAS CORPUS

Petitioner, through the undersigned Public Attorney, unto this
Honorable Court, most respectfully alleges that:

1.) Petitioner, Gina O. Mendoza is of legal age, Filipino Citizen, single,

and a resident of Purok 8, Brgy. Palanginan, Iba, Zambales,
Philippines. For purposes of this action, copies of notices and orders
of the Honorable Court may be served at the office address of the
undersigned Public Attorney indicated below;

2.) Respondent, Larry B. Ortaleza, Jr. is of legal age, Filipino Citizen,

single, and a resident of Purok 3, Brgy. Sta. Barbara, Iba, Zambales,
Philippines. For purposes of this action, copies of notices and orders
of the Honorable Court may be served at the home address of the
respondent;

3.) Petitioner is the mother of Roniel Mendoza Ortaleza, 13 years old,1

Mariell Mendoza Ortaleza, 10 years old,2 and Jonell Mendoza

1
Machine copy of Roniel Mendoza Ortaleza Certificate of Live Birth from NSO is
hereto attached and marked as ANNEX “A” and made an integral part hereof.
IN RE: PETITION FOR HABEAS CORPUS OF RONIEL M. ORTALEZA,
MARIEL M. ORTALEZA, AND JONELL M. ORTALEZA.

Ortaleza, 7 years old3 while respondent is the father of the three

children;

4.) Petitioner and respondent started living together in 2004 in Manila.

When they decided to start a family, they returned in Sta. Barbara,
Iba, Zambales, the hometown of the respondent;

5.) During their cohabitation, the respondent is the one who is earning
for living for the whole family while the Petitioner takes care of their
children;

6.) During their cohabitation, the respondent manifested unacceptable

behaviour. Such as when respondent worked in Manila and Petitioner
was pregnant, he failed to send money or groceries for his family.
Also, when Petitioner asked for respondent’s earnings and he could
not give it to her, he would abuse her physically and verbally to the
point that physical abused extended to their son Roniel;

7.) Sometime in March 2017, Petitioner and Respondent had a heated

argument because respondent deliberately failed to deposit the
monthly instalment of payment of their tricycle which led to its
confiscation by the motorcycle company. The situation worsen when
she knew that the supposed monthly instalment has spent by the
respondent for gambling and womanizing. During their argument,
respondent mauled, strangled, and stripped her in the presence of
their three children;

8.) She was physically, psychologically, and economically abused but

the incident on March 2017 prompted Petitioner to leave their home
as she could no longer tolerate the abused of respondent. She found a
job as a waitress in a canteen located in front the Pres. Ramon
Magsaysay Memorial Hospital, Brgy. Palanginan, Iba, Zambales;

9.) When Petitioner tried to return to their home in Brgy. Sta. Barbara,
Iba, Zambales, she was informed by the family and relatives of the
respondent that he has another woman;

10.)Although she left their home and she could no longer return, she tried
to communicate and visit her children. But, she was denied access to
them;

2
Machine copy of Mariell Mendoza Ortaleza Certificate of Live Birth from NSO is
hereto attached and marked as ANNEX “B” and made an integral part hereof.
3
Machine copy of Jonell Mendoza Ortaleza Certificate of Live Birth from NSO is
hereto attached and marked as ANNEX “C” and made an integral part hereof.

PETITION : Page 2 of 5
IN RE: PETITION FOR HABEAS CORPUS OF RONIEL M. ORTALEZA,
MARIEL M. ORTALEZA, AND JONELL M. ORTALEZA.

11.) Even when she was denied visitation to her children, she tried to
give support to them by sending groceries and rice. But respondent
send them back to her.

12.)Feeling frustrated for lack of access on her children, she sought the
help of Police of Iba, Zambales and Barangay Officials of Sta.
Barbara, Iba, Zambales. However, respondent ignored the invitation
for confrontation sent by the said offices;

13.)On May 10, 2019, she went to the Public Attorney’s Office to seek
the advice of the office. As a result, a notice of pre-litigation
conference was issued to the respondent for mediation on May 15,
2019.4 However, respondent did not attend the conference despite
notice;

14.)The Public Attorney’s Office sent a second notice of pre-litigation on

May 24, 2019. 5Respondent attended the mediation. However, he
refused to give even a visitation right to the Petitioner;

15.)Article 176 of the Family Code specifically provides that

“illegitimate children shall use the surname and SHALL UNDER
THE PARENTAL AUTHORITY OF THEIR MOTHER, and
shall be entitled to support in conformity with this Code”;

16.)Petitioner being the mother of their minor children Roniel Mendoza

Ortaleza, Mariell Mendoza Ortaleza, and Jonell Mendoza Ortaleza
has better right over respondent;

17.)The petitioner has no other better recourse except for the filing of this
petition to immediately secure the custody of their child from the
respondent.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed for

unto this Honorable Court that after due notice and hearing, minor
RONIEL MENDOZA ORTALEZA, MARIELL MENDOZA
ORTALEZA, JONELL MENDOZA ORTALEZA be returned to herein
Petitioner.

4
Machine copy of Notice of Pre- Litigation Conference dated May 10, 2019 is hereto
attached and marked as ANNEX “D” and made an integral part hereof.
5
Machine copy of Notice of Pre- Litigation Conference dated May 14, 2019 is hereto
attached and marked as ANNEX “E” and made an integral part hereof.

PETITION : Page 3 of 5
IN RE: PETITION FOR HABEAS CORPUS OF RONIEL M. ORTALEZA,
MARIEL M. ORTALEZA, AND JONELL M. ORTALEZA.

Other reliefs, just and equitable, under the premise are likewise
prayed for unto this Honorable Court.

Respectfully submitted.
Iba, Zambales, this 04th day of June 2019.

By:

Department of Justice
PUBLIC ATTORNEY’S OFFICE
Bulwagan ng Katarungan
Balili, Brgy. Palanginan, Iba, Zambales
Tel. No. (047) 611-1918

Atty. CHARNETTE C. LEMMAO

Public Attorney II
Roll No. 68979
IBP No. 108667
MCLE Compliance No. VI-0023614; 04/14/2022

Atty. LALAINE Y. CHAO-AYAN

OIC-District Public Attorney
Public Attorney III
Roll No. 56761
MCLE Compliance No. III - 0003625 / 06-04-09
MCLE Compliance No. IV - 0009545 / 11-19-12
MCLE Compliance No. V – 0009149 / 07-16-15
Republic of the Philippines )
Province of Zambales ) S.c.
Municipality of Iba )
x-------------------------------------------------x
VERIFICATION & CERTIFICATION AGAINST FORUM SHOPPING
I, GINA O. MENDOZA, of legal age, Filipino Citizen, single, and a
resident of Brgy. Palanginan, Iba, Zambales, Philippines after having been duly
sworn in accordance with law, depose and say that:
1) I am the petitioner in the above entitled Petition and have caused the
preparation of the same;
2) I have read the Petition and the allegations therein, and the same are true
and correct of my own personal knowledge and based on authentic
records;
3) I further certify that:

PETITION : Page 4 of 5
IN RE: PETITION FOR HABEAS CORPUS OF RONIEL M. ORTALEZA,
MARIEL M. ORTALEZA, AND JONELL M. ORTALEZA.

a. I have not theretofore commenced any other action or proceeding or

filed any claim involving the same issues or matter in any court,
tribunal, or quasi-judicial agency and, to the best of my knowledge,
no such action or proceeding is pending therein;
b. If I should thereafter learn that the same or similar action or
proceeding has been filed or is pending before the Supreme Court,
the Court of Appeals, or any other tribunal or quasi-judicial agency,
I undertake to report such fact within five (5) days therefrom to the
court or agency wherein the original pleading and sworn
certification contemplated herein have been filed.
IN WITNESS WHEREOF, I have hereunto set my hand this 04 th day of
June 2019 at Iba, Zambales, Philippines.

GINA O. MENDOZA
Affiant / Petitioner
COMELEC ID
VIN: 7105-0116A-G2386GMH20000

SUBSCRIBED AND SWORN TO BEFORE ME, on the same date and

place above-written, by the Affiant, personally known to me to be the same persons
who executed this document, after exhibiting his valid identification appearing
below her name, and who avowed that this is his free voluntary act and deed.

Atty. RUBY JOYCE S. TABBU

Public Attorney
Administering Officer
(Pursuant to PAO Law RA 9406)

Copy Furnished:

Office of The Provincial Prosecutor

Bulwagan ng Katarungan, Balili,
Brgy. Palanginan, Iba, Zambales

Larry B. Ortaleza, Jr.

Purok 3, Brgy. Santa Barbara, Iba, Zambales

PETITION : Page 5 of 5