Republic of the Philippines
Third Judicial Region
Regional Trial Court
BRANCH 26, Cabanatuan City
TERESITA T. SANGUISA,
Petitioner,
- versus - Civil Case No. 8035AF
For: TEMPORARY AND PERMANENT
PROTECTION ORDER
GENER P. SANGUISA,
Respondent.
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TEMPORARY PROTECTION ORDER
Before this Court is verified petition for Temporary and Permanent
Protection Order with prayers for the issuance of Temporary and Protection
Orders. After taking into consideration the allegations together with the
attached documents, the Court is convinced that there is reasonable
ground to believe that an imminent danger of violence against TERESITA
T. SANGUISA, Petitioner and her four adult children exists or is about to
recur; hence, a TEMPORARY PROTECTION ORDER is hereby issued
EX-PARTE against GENER P. SANGUISA, RESPONDENT, as follows;
1. PROHIBITING the RESPONDENT from
threatening to inflict or inflicting further acts of
violence whether directly or through other people
against Petitioner and the following designated
family and household members namely:
a. JASPER SANGUISA, son, 24 years
old;
b. JEZIEL SANGUISA, daughter, 23 years
old;
c. JOYCE SANGUISA, daughter, 21 years
old; and
d. JEUIO SANGUISA, son, 18 years old;
2. REQUIRING the RESPONDENT to stay away
at least one (1) kilometer from PETITIONER and
her aforementioned designated family and
household members, including the address of the
PETITIONER, all areas frequented by them such as
place of work and studies;
3. REQUIRING the RESPONDENT to absolutely
desist and refrain from imposing any restraint on the
personal liberty of the PETITIONER;
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4. PROHIBITING the RESPONDENT from
further communicating with the PETITIONER and
the aforementioned family members from
continuing, performing and doing the acts of
violence complained of, and other acts of violence
that are likely to be committed by him.
NOTICE IS HEREBY GIVEN requiring the RESPONDENT to file his
Opposition, within five (5) days from service of this ORDER, together with a
copy of the Petition and its annexes.
Set the Preliminary Conference on February 20,2019,
Wednesday at 8:30 a.m.
Let copy of this Order and the Petition be served upon the
Respondent personally and immediately by the Branch Sheriff of this Court.
The sheriff is likewise directed to coordinate with the Petitioner in order for
him to be aware of the last known address of the Respondent if there are
changes to the address mentioned in the Petition. He is also directed to
furnish copies of this Order to the following persons/offices namely:
1. Barangay Chairman of Barangay Manarog, General Natividad,
Nueva Ecija;
2. Chief of Police of General Natividad, Nueva Ecija;
3. Social Worker from the Local Social Welfare Development Office
of the Municipality of General Natividad, Nueva Ecija.
Both the Barangay Chairman of Barangay Manarog and the Chief of
Police of General Natividad are directed to submit report as to any
developments or incidents during the thirty (30) days effectivity of this
Order.
The Social Worker from LSWDO of General Natividad is directed to
comply with the provisions of section 19 of A.M. No. 04-10-11-SC such as:
(a) Preparing a case study and a program of
intervention for the offended party, including her children,
and referring them to DSWD havens, crisis intervention
centers and private entities rendering appropriate social
services;
(b) Formulating a safety plan which shall be approved
by the court; and
(c) Monitoring the measures indicated in the protection
order.
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The social worker is directed to appear during the preliminary
conference.
The Branch Clerk of Court is directed to issue the Notice of
Preliminary Conference to the parties and their respective counsels if any.
The parties shall appear in person at the preliminary conference and
submit their position papers, setting forth the law and facts relied upon
them.
ANY VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE
DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON THE
MERITS ON THE ISSUANCE OF .A PERMANENT PROTECTION
ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE THE
PRELIMINARY CONFERENCE AND HEARING BUT SHALL APPOINT A
LAWYER FOR THE RESPONDENT AND IMMEDIATELY PROCEED
WITH SAID HEARING.
IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE
PRELIMINARY CONFERENCE AND HEARING ON THE MERITS
DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX PARTE
PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER
JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE ON
RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE
SHALL BE ALLOWED.
THIS TPO SHALL BE EFFECTIVE FOR A PERIOD OF THIRTY
(30) DAYS FROM SERVICE ON RESPONDENT GENER P. SANGUISA.
SO ORDERED.
Cabanatuan, City, January 7, 2019.
MA. THERESA O. BASILIO
Assisting Judge
(Pursuant to AO 46-2018; 3/9/18)
