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The Regional Trial Court in Cabanatuan City has received a Verified Petition for Custody with a request for a Temporary Protection Order (TPO) from Mary Ann Andres y Fernandez against Delfin Herrera Encabo. The Court has scheduled a hearing for the TPO on January 29, 2019, requiring the petitioner to submit her judicial affidavit and witnesses beforehand, while the respondent must file an opposition within five days. Additionally, a Preliminary Conference is set for February 20, 2019, and a Social Worker from LSWDO is directed to attend the hearing.

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0 views2 pages

Tile of The Case

The Regional Trial Court in Cabanatuan City has received a Verified Petition for Custody with a request for a Temporary Protection Order (TPO) from Mary Ann Andres y Fernandez against Delfin Herrera Encabo. The Court has scheduled a hearing for the TPO on January 29, 2019, requiring the petitioner to submit her judicial affidavit and witnesses beforehand, while the respondent must file an opposition within five days. Additionally, a Preliminary Conference is set for February 20, 2019, and a Social Worker from LSWDO is directed to attend the hearing.

Uploaded by

Hannah Victoria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Third Judicial Region


Regional Trial Court
BRANCH 26, Cabanatuan City

MARY ANN ANDRES y FERNANDEZ,


Petitioner,

- versus - Civil Case No. 8038-AF


For: CUSTODY WITH
TEMPORARY/PERMANENT
PROTECTION ORDER

DELFIN HERRERA ENCABO,


Respondent.
x----------------------------------------x

ORDER

This refers to the Verified Petition for Custody with Temporary


Protection Order (TPO) filed by Petitioner on January 9, 2019. In her
Prayer, Petitioner prays that a Temporary Protection Order be issued
directing that temporary custody of James Andres Encabo and May Ann
Andress Encabo be given to her; and directing Respondent to stay away
from her residence in Cabanatuan City, school, place of employment of the
petitioner, the children and any of the family members.

The Court resolves not to grant the Temporary Protection Order ex-
parte. The Court believes that a hearing is necessary before the Court may
grant her TPO prayer so that she can adduce her evidence including the
presentation of her witnesses if necessary. The petitioner is directed to
submit her judicial affidavit as well as of her witnesses at least three days
before the scheduled hearing.

Wherefore, hearing for TPO is set on January 29, 2019, Tuesday at


8:30 a.m.

NOTICE IS HEREBY GIVEN requiring the RESPONDENT to file his


Opposition to the TPO as well as to the action for Custody, within five (5)
days from service of this ORDER, together with a copy of the Petition and
its annexes.

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. Where the notice could
not be served personally or by substituted service despite diligent efforts,
Rule 14 of the Rules of Court shall apply as far as practicable.
The Social Worker from LSWDO of Cabanatuan City is directed to
appear on the hearing on January 29, 2019. Let a copy of this Order be
served to the Social Worker as well.

Set the Preliminary Conference on February 20,2019,


Wednesday at 8:30 a.m.

The Branch Clerk of Court is directed to issue the Notice of hearing


for TPO and the Preliminary Conference to all the parties and their
respective counsels if any.

SO ORDERED.

Cabanatuan City, January 10, 2019.

MA. THERESA O. BASILIO


Assisting Judge
(Pursuant to AO 46-2018; 3/9/18)

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