CRIMINAL COMPLAINT. Ma. Luisa Angel Peralta shows copy of the criminal complaint she filed against Gentle Hands Inc. (GHI) executive director Charity Heppner-Graff before the Quezon City Prosecutor’s Office on Wednesday (Aug. 23, 2023). The 28-year-old mother accused Heppner-Graff and several Jane and John Does of the GHI for allegedly conniving and conspiring in trying to get her consent to give up her 9-year-old daughter for adoption through "coercion, undue influence and fraud," (Photo courtesy of Atty. Myreen Raginio)
MANILA – A fourth criminal case was filed Wednesday against the executive director of the private childcare facility Gentle Hands Inc. (GHI), this time for alleged violation of Section 54(a)(1) of Republic Act 11642 or the Domestic Administrative Adoption and Alternative Child Care Act of 1998.
Ma. Luisa Angel Peralta, assisted by lawyer Myreen Raginio, filed the complaint before the Quezon City Prosecutor’s Office against GHI executive director Charity Heppner-Graff, and several Jane and John Does of the GHI.
The fourth criminal case against Heppner-Graff stemmed from the GHI's refusal to hand over to Peralta her 9-year-old daughter, despite knowing fully well that the minor child was forcibly taken by the complainant’s mother in June 2018 and placed her under the custody of the GHI facility located at No. 27 F. Castillo St, Project 4 in Cubao, Quezon City.
In her affidavit complaint, the 28-year-old mother accused Heppner-Graff and all Jane and John Does of the GHI for allegedly conniving and conspiring in trying to get her consent to give up her minor child for adoption through “coercion, undue influence and fraud.”
Peralta narrated it took her several months to learn that her daughter is with the GHI Quezon City facility, but when she tried to take back her child, the complainant was told by Heppner-Graff to first produce the necessary documents such as the child’s birth certificate and the Parental Capability Assessment Report (PCAR).
Whenever Peralta tried to visit her daughter at the GHI facility, the mother was always made to wait for three hours before she could see her daughter, and would be then allowed to talk to her for only an hour, and only under the watchful eye of a GHI staff.
Peralta’s visits to her daughter in GHI momentarily stopped when she became pregnant and gave birth to another child in 2019. When she was ready to visit her daughter again in early 2020, the Covid-19 pandemic has caused a nationwide lockdown and it was only in 2021 that Peralta was able to visit her daughter again.
She said during her earlier visits from 2020 up to mid-2021, her daughter looked happy to see her. However, starting in 2022 to the present, she started to notice significant changes in the behavior and attitude of her child toward her.
“Ingles na siya mag-salita at ramdam kong kapag magkausap kami, wala na sa loob niyang kausapin pa ako (She was already English-speaking and I felt that whenever we talk, she is no longer interested in talking to me),” Peralta said.
In April 2023, Peralta was able to talk to Heppner-Graff who told her that her daughter would never be returned to her since GHI cannot do anything if the child no longer wants to be reunited with her mother.
Heppner-Graff even told Peralta that her daughter would be better off if she gets adopted by foster parents.
“Pinilit ni Ms. Heppner-Graff na kunin ang consent o pagpayag ko sa pag-papa adopt (sa anak ko) at nung hindi ako pumayag, tinakot niya ako at sinabihan na kahit hindi ako pumayag, sila (GHI) na ang gagawa ng paraan para mapa-adopt (ang anak ko) (Heppner-Graff forced me to give my consent for my daughter’s adoption, and when I refused, she threatened me and told me that they could find ways for my daughter to be adopted even without my consent),” Peralta recalled.
“Nanghina ako at sobrang naramdaman ko na wala akong laban. Ang daming sinabi ni Ms. Heppner-Graff na hindi ko maintindihan kasi tuloy-tuloy siyang nag-Iingles at nagsasalita siya nang mabilis, pero kung may naintindihan man ako, eto ay ang katotohanan na kinukuha na nila nang tuluyan ang anak na nawalay sakin ng limang taon para ipamigay sa iba sa pamamagitan ng adoption na labag sa aking loob bilang kanyang ina (I felt helpless and that I can’t fight them. Heppner-Graff said a lot of things that I can’t understand because she was talking rapidly in English. But if there was something I understood, it was the truth that they are completely taking my child away from me, to be adopted by somebody else, which is against my will as her mother),” she said,
The incident prompted Peralta to seek legal counsel, and her lawyer advised her to file criminal charges against Heppner-Graff and other unidentified personnel of the GHI’s Quezon City facility who have something to do with the planned adoption of the complainant’s daughter.
The latest criminal complaint against the GHI exec carries the penalty of imprisonment ranging from six years to twelve years, or a fine of not less than PHP50,000 but not more than PHP200,000, or both, at the discretion of the court.
Three complaints of kidnapping and failure to return a minor under Article 270 of the Revised Penal Code have earlier been filed against Heppner-Graff in her capacity as executive director of GHI.
In filing their separate complaints, Karizza Joyce Torcatos (July 19), Monina Espinosa Roxas (June 23) and Melanie Marzan (June 9) also narrated similar painful experiences in trying to take back their children from the GHI’s Quezon City childcare facility.
The three mothers were able to take back custody of their children with the help of the Department of Social Welfare and Development (DSWD).
The DSWD maintained that Philippine laws are very clear that it is in the best interest of the child to be with his or her mother, unless declared otherwise by a court of law.
The Department is closely monitoring the kidnapping cases filed by the three mothers against GHI. (PNA)
