QC orphanage exec faces another kidnapping complaint

MANILA – The executive director of the childcare facility Gentle Hands Inc. (GHI) is now being charged with another case of kidnapping under Article 270 of the Revised Penal Code, this time over her alleged failure to return a one-year-old boy to her mother.

The second kidnapping complaint was filed against Charity Heppner Graff by Melanie Marzan, a single mother, before the Quezon City Prosecutor’s Office on Friday.

Based on her complaint affidavit, Marzan entrusted the temporary custody of Marcus with GHI, through respondent Graff, on Jan. 23 this year with a clear agreement based on the Admission Form and Consent for Admission that the facility will “only have temporary custody” of the baby boy.

“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,” she said.

She said as early as her first two visits to her son in February, she started having problems with regard to accessing Marcus, including an instance when she was allowed to access her son for only 10 minutes.

Subsequently, despite Marzan’s requests to see him more often and for longer periods, she said Graff would vehemently prevent her and would order the employees of GHI to restrict the mother from getting to Marcus and started making unreasonable demands as well.

Despite all her pleas and the receipt of her Parental Capability Assessment Report (PCAR) issued by the Department of Social Welfare and Development (DSWD), Graff “willfully, maliciously, and feloniously withheld the return of Marcus for no cogent and valid reason,” Marzan said.

“Worse, respondent Graff started accusing me of being a worthless mother and even drove me away from GHI on several occasions. I would plead to her and to GHI’s social workers for me to see Marcus but to no avail. It came to a point where I would go to GHI in the hopes of seeing my son, only to be totally denied access to him and forcefully sent home by respondent Graff,” she said.

In March, the DSWD came to Marzan’s assistance and wrote demand letters to Graff so that she would be reunited with Marcus, but these letters were ignored.

Baby Marcus was among the more than 140 children who were taken into custody by the DSWD from GHI after the Department issued a Cease-and-Desist Order (CDO) on May 22, based on a complaint that the private orphanage has committed a violation of Republic Act 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination.

Melanie was reunited with Baby Marcus last May 26 after almost four months of separation. The tearful reunion happened at the DSWD Reception and Study Center for Children (RSCC) in Bago Bantay, Quezon City.

In fling her case, Marzan’s lawyer, Mark Vinluan, cited the Supreme Court case People vs. Marquez where it was stated therein that “the crime of Kidnapping and failure to return a minor, as defined in Article 270 of the Revised Penal Code, has two essential elements, namely: the offender is entrusted with the custody of a minor person; and the offender deliberately fails to restore the said minor to his parents or guardians.”

The first kidnapping complaint against Graff was filed by Monina Espinosa Roxas last June 9 over the GHI executive director’s failure to return her three minor children.

Roxas entrusted her three children to GHI in November 2019, but, like Marzan, was prevented from gaining free access to her children through unreasonable demands and reasons only known to Graff.

Roxas’ children were also among the more than 140 children who were taken into custody by the DSWD from GHI in May. (PNA)