The Department of Social Welfare and Development (DSWD) is closely monitoring the two cases of kidnapping filed separately by two single mothers against Gentle Hands Inc. (GHI) for its refusal to return the children to the custody of their respective mothers, DSWD Assistant Secretary Romel Lopez said on Tuesday (June 27).

“To blatantly deny children from the loving care of their respective mothers contravenes the essence of a Filipino family and runs counter to the policies and principles, which the DSWD protects and promotes,” said Asst. Secretary Lopez, who is also DSWD spokesperson.

Asst. Secretary Lopez was referring to the two kidnapping cases against GHI executive director Charity Graff which were filed separately by Monina Espinosa Roxas and Melanie Marzan, both single mothers.

Roxas, who is also known by the name Juvy Roxas Espinosa, was assisted by lawyers from the Department of Justice–Inter-Agency Committee Against Trafficking (IACAT) Task Force in filing her formal complaint against GHI on June 9 before the Quezon City prosecutor’s office.

The 27-year-old Marzan, on the other hand, was assisted by her lawyer Atty. Mark Vinluan in filing the kidnapping case against GHI on June 23, also at the Quezon City prosecutor’s office.

In the two kidnapping cases against GHI’s Graff, Article 270 of the Revised Penal Code was cited by the complainants’ lawyers for the kidnapping charge as well as the ‘failure to return’ the three minor children of 31-year-old Roxas and the 1-year-old son of Marzan.

Based on Roxas’ complaint-affidavit, respondent Graff refused to return her three children despite the GHI’s receipt of her Parenting Capability Assessment Report (PCAR) issued by the Pasig City social welfare office.

Roxas has also submitted to GHI the dismissal of the case involving Republic Act 7610, an anti-child abuse law pertaining to family matters, which was the reason why the complainant-mother in late 2019 initially sought the assistance of Bahay Kalinga for the temporary shelter of her three minor children.

The DSWD spokesperson maintained that Philippine laws are very clear that it is in the best interest of the child to be with his mother, unless declared otherwise by a court of law.

“Since there is no court order declaring Ms. Roxas unfit to be parent, then Gentle Hands has no right to refuse her request for the return of her three children,” Asst. Secretary Lopez said.

In the case filed by Marzan, the kidnapping case against Graff was in relation to Article 270 of the Revised Penal Code, which states that ‘the penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.”

Marzan’s lawyer advised her that the above act by respondent Graff of willfully depriving her of Marcus’ custody from February 28, 2023 to May 26, 2023 despite her lawful demand for Graff to return him (Baby Marzan) to her custody, constitutes kidnapping and failure to return a minor as defined and penalized under Article 270 of the Revised Penal Code.

“In my case, I entrusted the temporary custody of Marcus with Gentle Hands Inc., through its Executive Director, respondent Graff. It is clear from the Admission Form and Consent for Admission that Gentle Hands Inc. will only have temporary custody of Marcus. Under no circumstance did I abandon or relinquish my parental rights over Marcus. Respondent Graff cannot deny this fact because she approved of such arrangement herself. Thus, the first element is present,” complainant Marzan said.

In her affidavit, Marzan maintained that to deprive her of the custody of her son was illegal since it is in the best interest of the child to be with her mother, unless declared otherwise by a court of law.

“Since there was never a court order declaring me unfit to care for Marcus, respondent Graff did not have the authority to deprive me of my son and refuse my demand for his return,” Marzan pointed out.

Baby Marzan was among the more than 140 children who were taken into custody by the DSWD from Gentle Hands Inc. after the Department issued a cease-and-desist order (CDO) issued on May 22, based on a complaint that the private orphanage has committed a violation of Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination.

On May 23, Baby Marzan and other children, 7 years old and below, were taken to the Reception and Study Center for Children (RSCC) in Bago Bantay, Quezon City. The rest of the children from GHI were brought to Elsie Gaches Village in Alabang, Muntinlupa City and the Nayon ng Kabataan in Mandaluyong City.

“Baby Marzan was reunited with his mother Melanie last May 26 after almost four months of separation. The tearful reunion happened at the RSCC in Bago Bantay, Quezon City,” Asst. Secretary Lopez said.

Last June 13, the DSWD issued a new CDO against GHI’s Quezon City childcare facility due to the revocation of its fire safety inspection certificate (FSIC) by the Bureau of Fire Protection.

The new CDO issued by DSWD on June 13 was based on the May 25, 2023 letter of Fire Senior Supt. Aristotle Banaga of the Quezon City Fire Department wherein his office confirmed the revocation of GHI’s FSIC based on 13 violations of the Fire Code committed by GHI. #