On this page is the Cebu City, Philippines court decision for the custody of Michael and Philip's notes as to why Philip believes the decision was false and that, Philip also believes it was bought and paid for by Mechelle and her family. Because, the court would had dismissed the case after Michael and Philip left the Philippines before the decision was rendered. Philip would have been the one who would have had to pay all the court and attorney fees (Both atty's) after the decision was rendered in Mechelle's favor (No Philippine Judge will rule against a Filipino against a foreigner!) and, as far as Philip is concerned. It was done illegally because Michael and Philip were no longer in the Philippines and the court had no Jurisdiction regardless of the case being continued after they left the Philippines.
In this letter I will give you information about what is said or claimed in the Decision and, what I know to be true about it.
Page one all: My wife filed the custody case on November 25, 2009. At that time Michael our son and me were in Guam as I was there to file for my wife in the US Family court. An agreement between my wife and me because we did not have any agreement for the uncontested Mexican annulment we did via an online divorce service (<http://www.divorcefast.com/Mexico_annulment_info.htm> WARRING Their Mexico annulment is a fraud!) other than we had agreed I had custody of our child. First she said she would sign it but then refused to sign it the night before as I was to leave for Guam. I went to Guam leaving the agreement for her to sign with my friend Barry because I had already paid for the trip. There was no refund or credit. I took Michael because I thought My wife was up to something about taking Michael while I was in Guam (later when I went to the court that the uncontested Mexican annulment was supposed to have been done at. I was told by the Judge himself who was to have signed the annulment that it was a fraud and he proved it.).
Page two paragraph one: I do not know when the Sheriff filed his "return of service of summons". If it had been done on December 1, 2009 (Our first court hearing date) and I had seen it I would have had contested it strongly. The Sheriff was not in court on December 1, 2009. My wife's Attorney along with a Sheriff came to my rented house in Banawa Cebu City on 11-26-2009 to serve the summons and to pick up our son. The Sheriff did nothing other than just being there with my wife's Attorney (According to my contracted yaya, Barry, and his wife). She did everything and held the papers herself (Illegal in the Philippines as only the Sheriff can do this which is why he lied in his report). My contracted yaya called me in Guam to tell me what was happening. I had talked to the Attorney about the fact that we were annulled and I had sole custody of our son. She said "I did not know that". After that, I talked to my yaya for a moment and I told her to call Barry my US friend to come over to talk to the Attorney and we hung up.
I did not talk to the sheriff at all on the phone and, there was nothing said to Barry from me about receiving anything because this was a complete surprise to all of us. Only my contracted yaya had called him to come there. He was to show the papers for our agreement that, I was to file in the US Family court in Guam for my wife and the money for my wife's support of November 2009 to the Attorney. I found out later that the Attorney tried to give the summons paper to my friend Barry but he refused to receive them. My wife's Attorney left the summons papers on a chair (Please see Exhibit "A" 1-2-3) in the common yard of the rented house I was living in and they left (It is a quadplex). I was never served personally with the summons papers and in the Philippines it must be served to the person in person. Latter I had received registered mail from the court and her Attorney (Nobody signed for the mail. It was just stuck ed in the gate of the common yard). It is said that Pictures were presented to the court taken of my contracted yaya on the phone but, this was not done on December 1, 2009.
Page two paragraph two: On December 1, 2009 (Michael's birthday) I had brought our son to the court and there was no court order other than the summons papers that I was never served personally. I was not allowed to be at the conference table at all. My wife was given our son at that time.
Page two paragraph three: On December 15, 2009 (My birthday) I was allowed to come to the conference table long enough to give the court Michael's passport. Then I was asked to leave the conference table and I had said nothing at all. I do not know what was said because I was not allowed to hear anything. My Attorney at that time was the only one at the table for me. I do not believe that the court had sent anything to the Bureau of Immigration and Deportation because when Michael and I left the Philippines on April 9, 2010 from Manila. There was no such notice or we would have been stopped. I had checked in March 2010 (Three and a half months after the court order) with Immigration office, Cebu about any blocks. There was none.
I think this because, I was stopped but not arrested in Manila when I was going back to the USA on July 5, 2012. It took me 8 days to be cleared to leave the Philippines. It was because of the warrant that was ordered in the Decision that was no longer valid. It took a certified copy of the Decision to get me cleared to leave. I called my new Attorney who I hired while I was there in July 1, 2012 to July 5, 2012. He was the Attorney for the notary of the parents consent letter for our marriage. My new Attorney went to the court to get a certified copy of the Decision and he air21 it to me in Manila over night on July 12, 2012.
I was there to get video testimony from all my eye witnesses and to prove that My wife had lied to the Family Court in San Diego, CA. about having difficulty getting a certified copy from the Philippine court of the Decision. You already know about the annulment. My new Attorney did it in less than a hour. Please see line #8, sec. #5. of the court order page below of what the Judge said after she ask Mechelle for a copy of the Decision (This order was done illegally and was not valid because she lied to the court in her court forms and I had the case Quashed later).
Page 2 paragraph four to page three paragraph one: This is true but it was only for two weekends. When I gave the court Michael's pass port it was changed to two days every weekend unsupervised. We were both in the court room when this happen.
Page three Paragraph two: My Attorney who was supposed to talk to my wife's Attorney during our one and only settlement conference for the custody case we had. Did nothing when my wife's Attorney started to attack me from the start with the notarized agreement that we had signed in Victorville, California for our legal separation just before she went back to the Philippines. She had violated that agreement several time making it null and void. I kept telling her that it was no good and it was not court ordered. My wife was told that by the court's clerk in Victorville, California. We were was suppose to work out the arrangements for the custody of our child. My Attorney walked out of the room and left My wife's Attorney's office. After that, my wife's Attorney ended the conference because I was not with an Attorney at that time. My Attorney was not doing anything in court either other than agreeing to everything they said.
Page three paragraph three: The only time that I saw her or talked to her was at her Attorney's office which was the only place I was allowed to pick up our son for my every weekend visitations. It was only normal conversation while she was giving Michael to me for my visits of Michael. Also, there was always someone from the Attorney's office present there so. How is it that I did what she said. She and the her family had moved out of the apartment I had rented for them and refused to tell the court and my Attorney (As per Philippine law) where they had moved to. Her sister in the USA with her husband bought a house for her mother so they could move.
She tried to have me deported because she knew that. She in the long run would, lose the case to me because I had enough evidences to show she was not fit to have our son for long time custody. I also think that is when she had found out that she was pregnant with her Philippine boyfriend. She must have went into hiding while she was pregnant after I left. Because, she could not let anybody see her pregnant. That is why she the left college she was in also.
She claimed in her court declaration in San Diego, CA. That I threatened to have her deported and I would divorce her and kick her family out of the apartment I got rented for them and that she would never see her son again. The truth is that when I found out that she was going to leave the house with Michael when her sister came to pick her up on Friday June 13, 2008 for the weekend at her sister's house and never return. I did not allow them to take Michael with them because she had no plans to return.
This is legally called Kidnapping and I had the right to stop it (Please see line #1, sec. 10 & sec. 11 on the page below. I have a eye witness as to what happen when her sister came to pick them up as well as a audio recording of it). When Mechelle knew that I knew her plan not to return because she had told our landlord and his wife (Our friends) what she was going to do and my landlord told me about it. She told me that she and Michael were leaving when her sister comes to pick them up on Friday. I said that if you take Michael you will be arrested before you get to the bottom of the mountain for kidnapping an US citizen and they may "deport you" for that (I can prove what I said). I never said that she would never see her child again!
She also said she had to stop college because of financial problems she was having with the Respondent. She said that her sister helped her go back to school (College). Her sister was supporting her and her family and for her school. She had no reason to leave school because of money. She had to leave school because they would have kicked her out because she was pregnant with another mans child and not her husband's child. Adultery is a serious crime in the Philippines (Six years in prison. Please see line #27, sec. #14 on the page below).
She had also claimed it took her two years to find an immigration attorney in San Diego to help her with her immigration papers so she could return to the USA. Why San Diego, CA. (She had a print out of my for mail only address from the VA or SS that was in San Diego, CA. Which, is a violation of the privacy act of 1974, It was not my legal primary residents. Rosarito, Mexico was. They did not confirmed the address before filing in San Diego). Her sister and her US husband was paying for everything and they lived in Riverside, CA.
She had to wait two years because she was pregnant with another man's child while in the Philippine court saying that we were married and she wanted our child. She had to hide from everybody. Her sister and her US husband aided and abetted her to help hide this from everybody and are guilty of conspiracy against the Philippine Court. I have photo proof of all of them together in the Philippines with the baby during the two years she claims it took for her to find an immigration attorney in San Diego to help her with her immigration papers so she could return to the USA. I also have the Birth certificate and late filing of birth certificate of the child and she falsified them as well. (Please see page 8, paragraph one of the Decision on the next page. Also on that page, paragraph two it mentions the uncontested Mexican annulment that I filed with the court).
Page three paragraph four: I had sole custody of our son by her own signature in our uncontested Mexican annulment. She left our son with me on December 1, 2008 when my wife moved out of my rented house in Banawa, Cebu back to her apartment. On December 5, 2008 she started her every other weekend visitations of Michael. When I left for Guam with our son I had sole custody of our son and I did not need my wife's permission to take him anywhere. My contracted yaya was with me from March 2009 until I left with Michael for Mexico April 9, 2010. She as well as many others are my eye witnesses to this (I have video statements of it). She did not have custody until the court order on December 1, 2009. The case was filed on November 25, 2009 while Our son and me were in Guam. The comment that she was "granted provisional custody of the child during the hearing on December 1, 2009" is after the court filing on November 25, 2009 and should not be here.
Page 3 paragraph five and paragraph six: This part is out of order and they did not mention that she had informed the court in her complaint for the filing of the custody case that I was a convicted of a sex offense. In my counter claims filed by my Attorney I confirmed the conviction and that the alleged sex offense was in January 1983. I told my wife about the conviction and that I had been in jail and what for before we were married and I gave her the option not to get married to me. But she did anyway. She has been using this conviction against me all the time to win her case against me.
Page 3 paragraph seven (Last) to Page four paragraph one: I had signed an agreement of legal separation so she would go back to the Philippines. She wanted to leave because I had filed an ICE investigation on her for marriage fraud. The agreement was never filed in any court and was just a agreement at that time for our separation. She had received the amount of $786.00usd from August 2008 until she with our son moved in with me in my rented house in Banawa October 6, 2008. When I came to Cebu City on September 6, 2008 she invited me into her apartment to stay until I got a house for us to live in (Her first violation of our separation agreement). Within one week she had came into my room from the other room she was staying in with her family and started and made love to me (Legal reconciliation and her second violation of our separation agreement). She changed her mind about the divorce and moved in with me after I said I was going to buy a house for us. On October 6, 2008 She & Michael moved into my house as we had agreed when she left the USA (Legal reconciliation and Third violation of our separation. agreement).
On about November 16, 2008 she said I still want a divorce (One month and ten days later). I believe she still wanted the divorce because I had told her that the house I said I was going to buy for us would be in the name of my corporation and not hers or my name. I think because it meant to her that, she could not take the house from me with her as the property owner. So she said she wanted the divorce again. I think that is why she agreed to move in with me in the first place, to get the house. (I can not own the property, only the house in the Philippines)
After we signed for an uncontested Mexican annulment and she moved out of my rented house in Banawa on December 1, 2008 and left Michael with me. I started to give her $600usd a month even though there was no court order or an agreement to do so. All there was, was that I had custody of our son (The fourth violation of our separation agreement and it voided the agreement all together real or not).
Page four paragraph two : I had went to the US embassy in Manila to beg for help because my wife and her family was destroying our son's health. They would not take Michael to a doctor or Hospital when he was sick (Which was most of the time he was with them). Most of the time I had to take him to the doctor or Hospital when I received him from my wife because they would not take him to the doctor or Hospital. This happen after she moved out and started her every other weekend visitations on December 5, 2008. I showed them all my evidence that I had collected for over 3 years. They would not do a thing because of the treaties signed with the Philippines government. They did tell me that it was a violation of that treaty to take his passport and that I was to go to the court and get it back. They did not want the mother to have the US pass port for our son (It seems the pass port was worth $100,000usd or more on the black market). They on their own contacted the court for it's return to them.
Page four paragraph three: I did not know that the court had ordered to return the pass port to the US embassy but, It seems that they were not going to return it right away as they still had it when I asked for it on April 8, 2010. It is interesting to see that the court said "the minor child outside the jurisdiction of the court". This confirms what the Philippines Supreme Court Rules say. That the case can only be dismissed due to "LACK OF JURISDICTION". Meaning that the case should had been dismissed when the child left the Philippines.
Page four paragraph four: I had asked for Michael's passport because he was still a US citizen and had to renew his visa and I knew she would not do it. I did the same on April 8, 2010 (Paragraph six page four) to get his "I" card and I went to imm to get his "I" card. I was told that he did not need an "I" card because his mother was Filipino. It was almost five pm at that time and the court was closed. So I did not return the pass port. I did it because the next day was a holiday and the court was closed (Friday April 9 2010). I used it to leave the Philippines with Michael because a doctor said his health would get worse if he did not leave the Philippines (See the Doctors consul on page below). "Atopy" is the word at line 8, 2nd word that was corrected by the doctor.
