REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
OFFICE OF THE EXECUTIVE JUDGE
CITY OF MALOLOS, BULACAN

IN THE MATTER OF THE PETITION FOR

HABEAS CORPUS OF MINORS/BABIES,
NICKNAMED BABY BOY “CRISTINA” STA.
CLARA, BABY BOY “EXCELSIE” BINGGAO,
BABY BOY “EVANGELINE” FERRER, BABY BOY
“ANNA GRACE” NAYVE, BABY BOY
“BERNADETTE” DY, BABY BOY “JHERMINE”
BARASONA,

Spouses ALAN C. STA. CLARA & CRISTINA STA.

CLARA, Spouses LEONARDO BINGGAO &
EXCELSIE BINGGAO, EVANGELINE FERRER,
Spouses SONNY BOY SANTIAGO & ANNA
GRACE SANTIAGO, Spouses ENERO DY &
BERNADETTE DY, Spouses ELTON JOHN
FAJARDO & JHERMINE FAJARDO,
Petitioners,

Special Proceeding No.

-versus- For: Writ of Habeas Corpus

CHINESE GENERAL HOSPITAL AND MEDICAL

CENTER, AND ITS PRESIDENT/ CHAIRMAN,
MEMBERS OF THE BOARD OF DIRECTORS, AND
HOSPITAL ADMINISTRATOR AND/OR MEDICAL
DIRECTOR.
Respondents.
x----------------------------------------------x

PETITION

PETITIONERS, represented by the PUBLIC ATTORNEY’S OFFICE (PAO), to

this Honorable Court, most respectfully state:

JURISDICTIONAL FACTS
1. Petitioners are Filipinos, of legal ages, and are respectively the parents

and/or relatives of the above named minors/babies. For purposes of this

petition, they may be served with judicial processes c/o “XXX” ABS-CBN,

Mo. Ignacia Avenue, Quezon City. They are represented in this proceeding

by the PUBLIC ATTORNEY’S OFFICE, with address at DOJ Agencies Bldg.,

NIA Road cor. East Avenue, Diliman, Quezon City;

2. Respondent CHINESE GENERAL HOSPITAL AND MEDICAL CENTER is a

private hospital owned and operated by the Philippine-Chinese Charitable

Association, Incorporated. It may be served summons and other legal

processes at its address at Blumentritt Street, Sta. Cruz, Manila;

3. Respondent President/Chairman, Members of the Board of Directors, and

Hospital Administrator and/or Medical Director are all officials of

CHINESE GENERAL HOSPITAL AND MEDICAL CENTER. They may be

served summons and other legal processes c/o CHINESE GENERAL

HOSPITAL AND MEDICAL CENTER, Blumentritt Street, Sta. Cruz, Manila;

STATMENT OF MATTERS INVOLVED

4. Sometime in the month of June 2007, petitioner Alan Sta. Clara’s wife

Cristina, gave birth to a baby boy, nicknamed Baby Boy “Cristina” Sta. Clara

at respondent hospital. The latter was due for discharge since June 2007.

However, in view of the fact that petitioner spouses Sta. Clara were not able
to settle the bills being assessed by respondent hospital, the latter detained

and refused to release and turn over the custody of said baby to his parents,

herein petitioner spouses Sta. Clara.

The said baby has been unlawfully detained by respondent hospital since June

2007 up to the present or a total of 8 months from the time of scheduled

discharge;

5. Sometime in August 2007, petitioner Leonardo Binggao’s wife Excelsie, gave

birth to a baby boy nicknamed Baby Boy “Excelsie” Binggao at respondent

hospital. The latter was due for discharge since November 2007. However, in

view of the fact that petitioner spouses Binggao were not able to settle

the bills being assessed by respondent hospital, the latter detained and

refused to release and turn over the custody of said baby to his parents,

herein petitioners spouses Binggao. The said baby has been unlawfully

detained by respondent hospital since November 2007 up to the present or a

total of 3 months from the time of scheduled discharge;

6. Sometime in August 2007, petitioner Evangeline Ferrer, gave birth to a

baby boy nicknamed Baby Boy “Evangeline” Ferrer at respondent hospital.

The latter was due for discharge since October 2007. However, in view of the

fact that petitioner Evangeline Ferrer was not able to settle the bills being

assessed by respondent hospital, the latter detained and refused to release

and turn over the custody of said minor to his mother, herein petitioner

Evangeline Ferrer. The said baby has been unlawfully detained by

respondent hospital since October 2007 up to the present or a total of 5

months from the time of scheduled discharge;

7. Sometime in November 2007, petitioner Sonny Boy Santiago’s wife Anna

Grace, gave birth to a baby boy nicknamed Baby Boy “Anna Grace” Nayve

at respondent hospital. The latter was due for discharge since January 2008.

However, in view of the fact that petitioner spouses Santiago were not

able to settle the bills being assessed by respondent hospital, the latter

detained and refused to release and turn over the custody of said minor to

his parents, herein petitioners spouses Santiago.

The said baby has been unlawfully detained by respondent hospital since

January 2008 up to the present or a total of more or less, 1 month from the

time of scheduled discharge;

8. Sometime in July 2007, petitioner Enero Dy’s wife Bernadette, gave birth to

a baby boy nicknamed Baby Boy “Bernadette” Dy at respondent hospital.

The latter was due for discharge since August 2007. However, in view of

the fact that petitioner spouses Dy were not able to settle the bills being

assessed by respondent hospital, the latter detained and refused to release

and turn over the custody of said minor to his parents, herein petitioner

spouses Dy. The said baby has been unlawfully detained by respondent

hospital since August 2007 up to the present or a total of 6 months from

the time of scheduled discharge;

9. Sometime in October 2007, petitioner Elton John Fajardo’s wife Jhermine,

gave birth to a baby boy nicknamed Baby Boy “Jhermine” Barasona at

respondent hospital. The latter was due for discharge since November 2007.

However, in view of the fact that petitioner spouses Fajardo were not able

to settle the bills being assessed by respondent hospital, the latter

detained and refused to release and turn over the custody of said minor

to his parents, herein petitioner spouses Fajardo. The said baby has been

unlawfully detained by respondent hospital since November 2007 up to the

present or a total of 3 months from the time of scheduled discharge;

10. Based on the foregoing, from the time when the aforesaid babies should

have been discharged, the hospital bills could not have accumulated beyond

the financial capacity of the petitioners if only the respondents allowed

the babies to be taken home by the petitioners, subject to the payment of

the hospital bills upon tender of promissory notes. Hence, the

accumulation and progressive rise in the hospital bills

from the time of scheduled discharge is due to the fault and bad faith of

respondents in maliciously and illegally detaining the said babies in its

hospital premises;

11. On January 31, 2008, petitioners, accompanied by the staf of the ABS-CBN

public service TV program “XXX” sought legal assistance from the PUBLIC

ATTORNEY’S OFFICE. Thus, on even date, the PAO sent to respondent

hospital a Demand letter to Immediately Release the Detained Babies,27 with

enclosed respective promissory notes of the petitioners regarding the

settlement of the hospital bills being assessed and claimed by respondents;

12. Despite receipt by respondent hospital of the aforesaid Demand Letter

and promissory notes, respondents refused and continue to illegally detain

and withhold custody of the subject babies from the herein respective

petitioner parents/relatives, unless the latter will fully pay their respective

assessed hospital bills, which have compounded, due to respondents’ own

doing;

13. On February 2, 2008, the public service ABS-CBN TV program “XXX”

aired on broadcast television the complaint of petitioners and the detention

of their babies by respondents;

14. On February 3, 2008, in an obvious act of retaliation, respondents

 removed the hospital baby cribs being used by the subject babies.

Petitioners were left with no choice but to lay their babies on the pieces of

cartons which served as makeshift beds on the floor;

27 A copy of the Demand letter with enclosed promissory notes is hereto attached
as Annex “A”.
 15. Attached herewith as Annex “B-1” to “B-5” are the petitioners’

certificates of indigency to form an integral part of this Petition

GROUND FOR THE ALLOWANCE AND

ISSUANCE OF THE WRIT OF HABEAS
CORPUS AGAINST THE RESPONDENTS

THE CONTINUING ACT OF THE RESPONDENTS IN ILLEGALLY

DETAINING THE SUBJECT BABIES/MINORS WHO ARE BEING
HELD CAPTIVES AND THE UNLAWFUL REFUSAL TO TURN
OVER CUSTODY OF SAID BABIES TO THE PETITIONERS
UNLESS THE LATTER WILL FULLY PAY THE ASSESSED
HOSPITAL BILLS, CONSTITUTE CRIMINAL ACTS OF SERIOUS
ILLEGAL DETENTION IN EXCHANGE FOR RANSOM, WHICH IS
PUNISHABLE UNDER ARTICLE 267 OF THE REVISED PENAL
CODE, ARTICLE 19 OF THE NEW CIVIL CODE, AS WELL AS,
VIOLATION OF THE CONSTITUTIONAL RIGHTS OF THE
PETITIONERS AND THE SUBJECT BABIES. IF NOT CORRECTED,
THIS WILL WORK GRAVE INJUSTICE TO THE PETITIONERS AND
THE SUBJECT BABIES.

DISCUSSION

Under the guise of demanding payment of the assessed hospital bills,

respondents are in reality extorting ransom in exchange for the release from

respondents’ custody and freedom of the captive babies to the petitioners herein.

As early as the case of People v. Kamad Akiran, et al.,28 the Supreme

Court has already discussed the concept of ransom as defined under Article

267 of the Revised Penal Code, thus:

“Even if the purpose is to compel the alleged payment under

Art. 267 of the Penal Code, the ofense is still kidnapping for ransom.

PAO Code Book 109 of 375

 The last paragraph of Art. 267 having been derived from
statues of the United States, particularly the Lindenbergh Law,
American Jurisprudence has application. Under American rulings
ransom is money, price or consideration paid or demanded for
redemption of a captured person or persons, a payment that releases
from captivity. x x x Now, since the accused demanded and received
money as a requisite for releasing a person from captivity,
whatever other motive may have impelled them to do so, the
money is still ransom under the law.”

28 18 SCRA 239.

PAO Code Book 119 of 375

 Petitioners have been unlawfully deprived of the custody of the subject

babies, due to the unlawful acts of respondents in continuously detaining the

subject babies.

Respondents’ pernicious practice of utilizing the living bodies of the captive

babies

as a sinister form of guarantee or collateral to compel petitioners to pay the

assessed hospital bills clearly tantamount to criminal acts of serious illegal

detention for ransom. It should be noted that the living body of a person is

outside the commerce of man, more so innocent babies who are being used as

collateral and restrained of their rightful liberty and custody from the petitioners.

Furthermore, the continued and unlawful detention of the subject babies

by the respondents are clearly anathema to the very protection accorded by

the Bill of Rights enshrined in the 1987 Constitution, specifically, the Due

Process clause and Non- imprisonment for debt clause, which are hereby

respectively quoted:

“Section 1. No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be denied
the equal protection of the laws.

xxx xxx xxx

Section 20. No person shall be imprisoned for debt or non-

payment of a poll tax.”

Likewise, the Civil Code mandates under Article 19 thereof, to wit:

 “Art. 19. Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give everyone his
due, and observe honesty and good faith.”

Petitioners come before the Court to aford adequate relief, as provided in

Article 24 of the Civil Code:

“Art. 24. In all contractual, property or other relations, when

one of the parties is at a disadvantage on account of his moral
dependence, ignorance, indigence, mental weakness, tender age or
other handicap, the courts must be vigilant for his protection.”
 Thus, under the parens patriae doctrine, the State has an obligation to

protect and rescue the petitioners and their children from respondents’ patent

illegal act of detaining the subject babies.

In view of the nature of the emergency and the fact that the subject

babies are continuously being deprived of the opportunity of being reared by

their parents outside the confines of respondents’ hospital premises, there is an

urgent need for this Honorable Court to immediately issue the writ prayed for,

to set the case for hearing at the earliest opportunity, and to eventually rescue

the subject babies from their captors, respondents herein.

RELIEF

WHEREFORE, premises considered, and in the paramount interest of the

subject babies, it is most respectfully prayed of this Honorable Court that:

1. A Writ of Habeas Corpus be immediately issued, pursuant to Rule 102 of the

Rules of Court, directing the respondents to produce the living bodies

of the subject babies before this Honorable Court at the time specified in

the writ;

2. To summon respondents before the Honorable Court to show cause of the

unlawful restraint of liberty of the subject babies and deprivation of

custody to petitioners of the said babies;

PAO Code Book 111 of 375

 3. Directing the respondents to immediately release and discharge the subject

babies to their respective parents/relatives.

Other reliefs that are just and equitable are likewise prayed for.

Quezon City for Manila, February 4, 2008.

PAO Code Book 112 of 375

 PUBLIC
ATTORNEY’S
OFFICE
'epartment of Justice
BBB DISTRICT
OFFICE
 By:

ATTY.
Public
Attorney
Roll
No.

IBP No.

MCLE Comp. No. III-

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

We the undersigned petitioners, after being sworn to in

accordance with law, do hereby depose and state, that:

1. We are the petitioners in the above-entitled case;

2. We have caused the preparation of the foregoing petition;

3. We have read and understood its contents and that the allegations
therein are true and correct to the best of our knowledge and/or
based on authentic documents;

4. No other Petition of similar nature has been filed or is pending

before any court tribunal or agency;

5. If ever we discover that a similar petition has been filed in

connection therewith, we undertake to immediately inform this
Honorable Court of such action, within five (5) days from notice.

ALAN C. STA. CLARA LEONARDO

 BINGGAO SONNY BOY SANTIAGO

ENERO DY

ELTON JOHN FAJARDO EVANGELINE FERRER

SUBSCRIBED AND SWORN to before me this 4th day of February,

2008.