Arrest warrant out for woman charged with kidnapping son

MANILA, Philippines - A Quezon City court has issued a warrant of arrest against a woman charged with kidnapping and failing to return her son to his father after she did not appear before the court and answer the charges against her.

Judge Maria Elisa Sempio Diy of the National Capital Judicial Region Branch 225 set the bail at P6,000 for Mary Pauline Javier, who is facing charges for her failure to return her eight-year-old son to her former husband, violating a court-approved agreement.

In a resolution dated Jan. 16, 2009, Quezon City Assistant Prosecutor Alfredo Agcaoili said Javier had committed the crime charged by deliberately refusing to hand back the boy to his father. Assistant City Prosecutor Wilfredo Andres approved the resolution on the same day.

In his complaint, Arnell Cruz said he and Mary Pauline signed a compromise agreement for the support and custody of their son on Nov. 25, 2003, which the court approved on March 9, 2004.

They entered into the agreement before the Quezon City Regional Trial Court voided their marriage on June 28, 2005, according to the complaint.

The resolution said under Article 271 of the Revised Penal Code, when the father and the mother are living separately, and the custody of the child has been given to one of them, the other parent who takes the minor from the one having lawful custody of the child or induces him or her to leave his or her home is liable of the crime of kidnapping and failure to return a minor.

The resolution said Mary Pauline’s parents confirmed that their grandson has been with their daughter “for several months now, despite the subsisting judgment.”

The resolution said based on a court-approved 2004 compromise agreement, Arnell and Mary Pauline have joint custody of their son, alternately spending one week with each parent.

The resolution said Arnell had filed a petition for a writ of habeas corpus to compel the family of Mary Pauline to produce their son. – Nestor Etolle