Republic of the Philippines

SHARIA DISTRICT COURT

Branch 2, Sharia Judicial District
Zamboanga City

MOHAMMAD ABUSABAYA,
Plaintiff,

-versus- CIVIL CASE NO. 012458
DAYANG GIRLIE AWADA, For: CUSTODY OF MINOR
Defendant,

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

COMPLAINT

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

1. That plaintiff is of legal age, Filipino Muslim, and a resident of Walled City, Jolo, Sulu, while
defendant is also of legal age, Filipino Muslim and a resident of Takut-Takut, Jolo, Sulu
where she may be served with summons.
2. That plaintiff and defendant were married on 15 October 1986 in accordance with Islamic
law, and stayed married, living as husband and wife, until 18 September 1989 when plaintiff
divorced defendant by repudiating the latter in accordance with Presidential Decree No.
1083;
3. That, during the marriage, plaintiff and defendant begot two (2) children all of whom are
now living, namely RAYHAN aged 9, and AL-MUJIB aged 8, al surnamed ABUSABAYA;
4. That, on 27 September 1992, defendant entered into a new contract of marriage named AL-
BARIS SIBIH;
5. That, said children are now all above seven (7) years of age and still under the care and
custody of the defendant;
6. That, defendant has no means of income and relies entirely upon her husband AL-BARIS
SIBIH for support and consequently, lacks financial ability to raise and educate said children
properly;
7. That, on several occasions, plaintiff demanded of the plaintiff to deliver the care and
custody of said children to plaintiff but defendant refused and continues to refuse to do so
without just and lawful cause; and
8. That plaintiff is the father of said children and is fully interested in their well-being, and is
financially morally and socially n a much better position than defendant to raise and
educate said children.

WHEREFORE, it is most respectfully prayed that judgement be rendered:
1. Awarding the care and custody of the two (2) children, namely, RAYHAN, aged 9; and AL-
MUJIB aged 8, all surnamed ABUSABAYA, to plaintiff without prejudice to defendant visiting
and seeing said children during such period as this Honorable Court deems proper; and
2. Adjudging defendant to pay the costs of this suit.
Plaintiff further prays for such other reliefs deemed just and equitable under the premises.

7 JUNE 2014, Zamboanga City, Philippines.



GIOVANNI P. GUEVARA
Counsel for Plaintiff
2/F, Sawa Building
Mayor Jaldon Street
Zamboanga City
IBP O.R. 00356 6/10/2000
PTR No. 2000-6/10/2000



Republic of the Philippines
SHARIA DISTRICT COURT
Branch 2, Sharia Judicial District
Zamboanga City

MOHAMMAD ABUSABAYA,
Plaintiff,

-versus- CIVIL CASE NO. 012458
DAYANG GIRLIE AWADA, For: CUSTODY OF MINOR
Defendant,

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

ANSWER

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

1. That defendant admits the allegations of paragraph 1, 2, 3 and 5 of the complaint;
2. That defendant specifically denies the allegations of paragraph 4 of the complaint the
truth being that her proposed marriage with AL-BARIS SIBIH was not pushed through
and, defendant is at present still a divorce;
3. That defendant specifically denies the allegations of paragraph 6 of the complaint the
truth being that after divorce from plaintiff, defendant was appointed as public school
teacher and, therefore, is earning income and does not depend upon anybody for the
support of herself and their children;
4. That defendant denies the allegations of paragraph 7 of the complaint for want of
knowledge and information sufficient to form a belief thereof.
5. That defendant admits paragraph 8 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.

17 June 2014, Zamboanga City, Philippines.



KERWIN ILANO
Counsel for Defendant
2/F, Mount Building
Veterans Avenue
Zamboanga City
IBP O.R. 00356 6/10/2000
PTR No. 2000-6/10/2000

Copy received:
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SUBMITTED BY:

GIOVANNI P. GUEVARA
LLB II-A