Page seven paragraph two: Here is further proof that the court was not proper. It says in this paragraph: "Respondent's bringing the child out of the country was contrary to their agreement and as ordered by the court". Which court? this custody case was not filed until November 25, 2009 and Michael and me were in a hotel room in Guam, an USA territory. The only agreement Mechelle and me had at that time was that we were annulled and I had custody of our son and SHE was having every other weekend visitation with our son and, not me. On page nine of the decision it shows my departure on November 20, 2009 and arrival on November 28, 2009 as well as the same for Michael.
Page seven paragraph three: We talked by yahoo instant messenger and I asked her to sign the agreement that she had already agreed to sign. She waited until the last moment to tell me that she would not sign it. I believe that she had planned to file the custody case and get Michael. While, I was gone to Guam because she knew that I had already paid for the trip and I would go no matter what. There was $3,000usd at stake and she was right. She did not think that I would take our son with me.
Page seven paragraph four to the end of page seven: This is the court restating what my wife's Attorney had stated in my wife's complaint. This is also untrue. I believe that my wife knew or she was told that the best way to get the court to move quickly and to be in her favor. She had to make these claims. I was told by many people that, in the Philippines the court always favors the Filipino.
Page eight paragraph one: According to her Facebook page they were having a lot of party's and having a good time. She also had a boyfriend whom she had a child with him while she was still married to me. She was also hiding from everybody because of the pregnancy (I have a copy of the child's birth certificate).
Page eight paragraph two: I did not testify because I was not there. I could not get in hold of my Attorney at all to know what was happening. I had filed a copy of the annulment to the court and this is confirmation of that.
Page eight paragraph three: 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 immigration office in Mandaue, Cebu to do this. I was told that he did not need a "I" card because his mother was Filipino. It was almost five at that time and the court was closed and it was closed the next day for a holiday (Friday). So, 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 (Doctors consul attached). I did it because it was "In the best interest of the child".
Page eight paragraph four: They show the Immigration report for this starting in the last paragraph on page eight to page nine paragraph one and two. Incehon, South Korea is a transit point to the US as are many other international airports.
Page eight paragraph Five: This is true.
Paragraph six: I do not know a person by the name Berlinda Bulatag. My contracted yaya was my live in care giver for Michael, and myself when I needed help because of my disabilities. She also kept my house cleaned. We both shared the cooking duties. When I picked up our son for my visitation weekend. I was by myself.
Page eight paragraph seven: I was not there and I have no knowledge of this filing.
Page eight paragraph eight: No comment because I never received the order.
Page eight paragraph nine to page nine paragraph four: This is the report that they received from immigrations about Michael and me going to Guam and back.
Page nine paragraph five to end of page nine: This is the request and points of the petitioner. I was not there so I can not comment on this.
Page ten paragraph one: I was not there so I can not comment on this.
Page ten paragraph two: This seems to be out of order but I was not there and I did not receive notice of this court order.
Page ten paragraph three: I think that the court is just trying to cover itself for not making the first notice to immigration for Michael and me at the proper time.
Page ten paragraph four: I did not get a notice of the court order.
Page ten paragraph five: From what I can tell from this paragraph. The court ordered social worker only showed the court two pieces of all the pictures and medical records and receipts that I gave her (There were many items. Enough to show Mechelle unfit for Michael for long term custody. The complaint I filed with the court of the five months since she had Michael before I left the Philippines with him shows that). Another reason I left besides all the other things is. Because, on the weekend before I left (Easter) Mechelle would not talk to me. She would only mouth her words with her lips and shake her head yes or no. This was a obvious indication that the court ordered Social Worker had shown all my evidence that I had given to her to my wife. I had recorded every time on video (For my protection) when I was in the presents of my wife.
The court ordered Social Worker would not tell me, my Attorney, or the court where my wife had moved to after she went to my wife's new house to interview her. She said that she could not because of confidentiality. But it seems at least to me that she showed all my evidence to my wife jeopardizing my defense and giving her a major advantage over me.
Page ten paragraph six: I tried to call my Attorney and also did my yaya who found him for me for the case tried to call him to contact him. We could not get in contact with him so I could pay him and he would know what to do so he could do his job. I found out later from my new Attorney who knew of him that, He was hiding from another court and nobody could find him.
Page ten paragraph seven: This was understandable because he was not being paid for his service at that time.
Page ten paragraph eight (Last) to page eleven all paragraphs "Discussion": This is the findings of the court as I had fore mention in this letter.
Page eleven paragraph one: I had filed with the court a copy of the uncontested Mexican annulment that we had done giving me sole custody of Michael. He was born in Victorville California. I do not know when this comment was made but he was two years four months old when I left. This was ordered on October of 2011 which means that Michael was three years eleven months old when it was made.
Page eleven paragraph two: This is true.
Page eleven paragraph three: They showed the Immigration report for this. Incehon, South Korea is a transit point to the US as are many other international airports. Yes I am a citizen of the USA and so is Michael our son.
Page eleven paragraph four to the end of page eleven: This is common knowledge as the law states it. But I did not leave Mechelle financially dependent Because she was living with her mother in her mother's house. She had everything that was given to her as part of our agreement in our separation until she violated the terms of our agreement. Aika her sister who married an US citizen as well, was also supporting them and still is currently today.
Page twelve paragraph one to the end of page twelve: More quotes from the Philippine Laws. The most important ones are about "IN THE BEST INTEREST OF THE CHILD. Which I believe sanction's and exonerates me from any wrong doings with removing Michael from the Philippines. Within two weeks of taking our son from the Philippines. All of his health problems cleared up and he was feeling better. I saved our son's health (And possibly his life) and nobody is going to take that away from me.
Page thirteen paragraph one to the end of page thirteen: The continuation of the quotes from the Philippine Laws.
Page fourteen paragraph one: The court was missed informed about how My wife took care of our child. Because the court ordered Social Worker did not do her job properly and, did not show the court all the massive evidence that I had given her. As, she only showed the court two pieces of all that I gave her. (I think she showed all to the petitioner).
Page fourteen paragraph two: This is true.
Page fourteen paragraph three: I had no knowledge of this until I received a copy from my new Cebu Attorney on July 3, 2012.
Page fourteen paragraph four: When the case was filed by my wife. Michael and me were in Guam to file an agreement that My wife had asked me for. I decided that I was going to make it legal by filing it with an US Family Law court for her. I was Never personally served with a summons and My wife's Attorney tried to serve me with the summons while Michael and me were in Guam. The Sheriff was with her But in violation of the "RULES OF COURT" she handle the papers herself and did all the talking. she left the papers on a chair in the yard. She talked to me on my yaya's phone (Not the Sheriff) The Sheriff was just there (Reference photos in "page two paragraph one" right side on page 11 on this website).
When the Decision was decided. Michael and me had been gone for one year and six months and the court did not have Jurisdiction over Michael or me. ("LACK OF JURISDICTION" as the Supreme Court Rules says it).