Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 5, Bacolod City

ROSALIE JAYPE-GARCIA
Petitioner, CIVIL CASE NO: 06-797
FOR: Application for Temporary
Protection Order under R.A.
9262 (Anti-Violence against
Women and their Children Act of
2004)
-versus-

JESUS GARCIA y CHUA

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

PETITION FOR TEMPORARY PROTECTION ORDER

(With Prayer for Child Support)

Petitioner, Rosalie-Jaype Garcia, of legal age, through the undersigned Counsel

and unto this Honorable Court most respectfully states and alleges:

Prefatory Statement

When a man and a woman decided to get married, they commit to honor and
respect each other for the rest of their lives. To live with fellowship, companionship, and
mutual help and comfort.

When they become parents, they should be the first role model for their children.
Because children behave, react, and imitate same as their parents. They play important
role in supporting, encouraging and motivating their children to have a positive, healthy,
happy and peaceful life ahead of them.

Marriage should be eternal. It involves spiritual, physical and emotional closeness.

It should be founded on love, but choosing to maintain and grow that love can be the
challenge. That is where commitment comes in. It can require hard work, but
remembering that it is founded on love, it gives the couple the right direction.

Unfortunately, this is not the case with Rosalie and the herein respondent. The
respondent treated his wife as if she is his enemy, his rival, his slave. The husband and
the father who is expected to be the family’s shield and protector, was the one who picked
and shot an arrow and shattered their family’s relationship into pieces.

Nature of the Petition

1. This is an application for Temporary Protection Order with Prayer for Child Support
for violation of Republic Act 9262 otherwise known as “An Act Defining Violence
against Women and their Children, Providing for Protective Measures for Victims,
Prescribing Penalties Therefore, and for other Purposes."
2. By reason of the Respondent’s repeated and complete disregard of the Petitioner’s
rights and dignity as a woman and for the violence committed by the respondent
with the issuance of temporary protection order.

The Parties and their Relationship

3. Petitioner is a Filipino, of legal age, married to the respondent and a resident

of Mandalagan, Bacolod City.

4. Respondent is a Filipino, of legal age, married to the petitioner and a resident of

Mandalagan, Bacolod City.

5. Petitioner is determined to leave herein respondent since 2005, but afraid that
respondent would take her children from her and deprive them of financial support.

The Relevant Antecedent Facts

6. Sometime in the year 2002, respondent and petitioner married each other when
herein petitioner is 34 years old and respondent is eleven years her senior.
(Attached hereto is the PSA Copy of the Marriage Contract of Rosalie-Jaype
Garcia and Jesus C. Garcia as Annex “A”.)

6. 1 Their marriage blessed them with two (2) children namely,

Jessie Anthone J. Garcia, 6 years old and Joseph Eduard J.
Garcia, 3 years old, and herein respondent adopted Jo-Ann
J. Garcia, 17 years old, who is the natural child of the
petitioner. (Attached hereto are the Birth Certificates of
Jessie Anthone J. Garcia and Joseph Eduard J. Garcia, and
the Amended Certificate of Live Birth of Jo-Ann J. Garcia as
Annex “B”.)

6.2 Despite the petitioner’s being dutiful and faithful wife, whose
life revolved around her husband, respondent, who is of
Filipino-Chinese descent, is dominant, controlling, and
demands absolute obedience from his wife and children.

6.3 Respondent forbidden herein plaintiff to pray, deliberately

isolated her from her friends, trivialized her ambitions, was
often jealous of the fact that his attractive wife still catches
the eye of some men and threatened her that he would have
any man eyeing her killed.

7. In the year 2004, petitioner confronted herein respondent regarding his affair with
a bank manager of Robinson's Bank, Bacolod City, who is the godmother of one
of their sons, and respondent admitted to it and even boasted to the household
help about his sexual relations with said bank manager. However, respondent told
herein petitioner that he was just using the woman because of their accounts with
the bank.

7.1 Respondent’s infidelity spawned a series of fights, which left

herein petitioner physically and emotionally wounded.
Respondent, in one of their quarrels, grabbed herein
petitioner on both arms and shook her with such force that
caused bruises and hematoma. At another time, respondent
hit petitioner forcefully on the lips that caused some bleeding.
 (Attached hereto are the Medico-Legal Certificates of Rosalie
Jaype-Garcia for those instances as Annex “C”.)

7.2 Respondent had beaten Jo-Ann (petitioner’s natural child) on

the chest and slapped her many times when the latter had
seen the text messages the former sent to his paramour and
whom he blamed for squealing on him.

7.3 Petitioner decided to leave the respondent but her daughter

Jo-Ann begged her to stay for fear that if the petitioner
leaves, respondent would beat her up. Even their two (2)
sons are aware of the petitioner’s sufferings and their 6-year-
old son is beginning to develop hatred with the herein
respondent. The boy even thought of beating up his father
when he grows up because of his cruelty to the herein
plaintiff.

8. On December 17, 2005, petitioner attempted suicide by cutting her wrist because
of all the emotional and psychological turmoil, which drove her to the brink of
despair. Her son found her bleeding on the floor.

8.1 Respondent simply fled the house instead of taking her to the
hospital and never bothered to visit, nor apologized or
showed pity on her during her entire seven days of
hospitalization.

8.2 Since then, petitioner has been undergoing therapy almost

every week and is taking anti-depressant medications.
(Attached hereto is the Medical and Therapy Records of
Rosalie Jaype-Garcia as Annex “D”.)

9. Respondent got angry with the herein petitioner for jeopardizing the manager’s job
when the latter informed the management of Robinson's Bank that she intends to
file charges against the bank manager.

9.1 Petitioner is determined to separate from respondent but she

is afraid that he would take her children from her and deprive
her of financial support because of his previous warning to her
that if she goes on a legal battle with him, she would not get
a single centavo.

10. Respondent as the President of three corporations – 326 Realty Holdings,

Inc., Negros Rotadrill Corporation, and J-Bros Trading Corporation controls
the family businesses involving mostly the construction of deep wells.
(Attached hereto is the Articles of Incorporation of 326 Realty Holdings, Inc.,
Negros Rotadrill Corporation, and J-Bros Trading Corporation as Annex “E”.)

10.1 Petitioner and respondent are both stockholders of the three

corporations but in contrast to the absolute control of
respondent over said corporations, petitioner merely draws a
monthly salary of ₱20,000.00 from one corporation only, the
Negros Rotadrill Corporation.

10.2 Household expenses amounting to not less than ₱200,000.00

a month are paid for by petitioner with credit cards, which, in
turn, are paid by the same corporation together with the bills
for utilities.
 10.3 Respondent on the other hand, receives a monthly salary of
₱60,000.00 from Negros Rotadrill Corporation, and enjoys
unlimited cash advances and other benefits in hundreds of
thousands of pesos from the corporations.

10.4 After petitioner confronted him about the affair, respondent

forbade her to hold office at JBTC Building, Mandalagan,
where all the businesses of the corporations are conducted,
thereby depriving her of access to full information about said
businesses.

Causes of Action

11. The petitioner pleads the foregoing allegations by reference.

First Cause of Action

(Violation of Section 5 (a) (d) (i) of R.A. 9262)

12. The respondent with deliberate intent violated the following provisions of the
Anti-Violence against Women and their Children Act:

a) Causing physical harm to the woman or her child;

d.) Placing the woman or her child in fear of imminent physical harm;
i.) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child, including, but not limited to, repeated verbal and
emotional abuse and denial of financial support or custody of minor children
of access to the woman's child/children.

13. The respondent on several instances inflicted physical harm on the herein
petitioner and her child. Likewise, the respondent through his violent actions
repeatedly place the petitioner and her children in fear of imminent physical harm
which caused herein petitioner and her children to suffer mental and emotional
anguish. Moreover, they experienced public ridicule and humiliation, repeated
verbal and emotional abuse, even denied financial support, and threatened to
take custody of her minor children.

14. The relationship of the herein respondent and petitioner began to be tainted with
violence and fear in the year 2004 when herein petitioner discovered the infidelity
of the herein respondent.

14.1 Respondent’s infidelity spawned a series of fights, which left

herein plaintiff physically and emotionally wounded.
Respondent, in one of their quarrels, grabbed herein plaintiff
on both arms and shook her with such force that caused
bruises and hematoma. At another time, respondent hit plaintiff
forcefully on the lips that caused some bleeding;

14.2 Respondent had beaten the petitioner’s natural child when the
child had seen the text messages the respondent had sent to
his paramour, and blamed her for squealing on him.

15. The violence perpetrated by herein respondent subjected the petitioner in mental
and emotional anguish which deprived the petitioner a reason to continue her
precious life.

15.1 On December 17, 2005, plaintiff attempted suicide by cutting

her wrist because of all the emotional and psychological
 turmoil, which drove her to the brink of despair. She was found
bleeding on the floor by her son. Respondent simply fled the
house instead of taking her to the hospital and never bothered
to visit, nor apologized or showed pity on her during her entire
seven days of hospitalization. Since then, private respondent
has been undergoing therapy almost every week and is taking
anti-depressant medications.

15.2 Respondent got angry with the herein plaintiff for jeopardizing
the manager’s job when the latter informed the management
of Robinson's Bank that she intends to file charges against the
bank manager. After which, he told herein plaintiff that he was
leaving her for good, and told her mother, who lives with them
in the family home, that plaintiff should just accept his
extramarital affair since he is not cohabiting with his paramour
and has not sired a child with her.

15.3 Plaintiff is determined to separate from respondent but she is

afraid that he would take her children from her and deprive her
of financial support because of his previous warning to her that
if she goes on a legal battle with him, she would not get a single
centavo.

Second Cause of Action

(Violation of Section 5 e (4) of R.A. 9262)

16. Respondent further committed acts in violation of Section 5 e (4) of R.A.

9262, which provides:

16.1 (4) Preventing the woman in engaging in any legitimate

profession, occupation, business or activity or controlling the
victim's own money or properties, or solely controlling the
conjugal or common money or properties.

17. Considering the fact that he has capacity to support the financial needs of his
family, he deliberately deprived them the financial needs necessary to sustain
their everyday life.

17.1 Respondent as the President of three corporations – 326

Realty Holdings, Inc., Negros Rotadrill Corporation, and J-Bros
Trading Corporation controls the family businesses involving
mostly the construction of deep wells. Petitioner and
respondent are both stockholders of the three corporations but
in contrast to the absolute control of respondent over said
corporations, petitioner merely draws a monthly salary of
₱20,000.00 from one corporation only, the Negros Rotadrill
Corporation. Household expenses amounting to not less than
₱200,000.00 a month are paid for by petitioner with credit
cards, which, in turn, are paid by the same corporation together
with the bills for utilities.

17.2 Respondent on the other hand, receives a monthly salary of

₱60,000.00 from Negros Rotadrill Corporation, and enjoys
unlimited cash advances and other benefits in hundreds of
thousands of pesos from the corporations. After petitioner
confronted him about the affair, respondent forbade her to hold
office at JBTC Building, Mandalagan, where all the businesses
 of the corporations are conducted, thereby depriving her of
access to full information about said businesses.

Allegations in support of the Application for Temporary Protection Order

18. Petitioner since year 2004 up to the present is continuously suffering mental.
emotional, psychological abuse and financial deprivation from herein
respondent. This pattern of abusive behaviors inflicted trauma, anger, fear and
terror to the herein petitioner and her children.

19. During the commission of these violent acts by the respondent, their children had
witnessed how a father who is supposed to protect and safeguard his family from
imminent danger and prevent them from being victims of abusive environment,
was the one who subjected them to physical and psychological turmoil.

20. Children who experienced abuse are at increased risk to of inflicting pain on
others and developing aggressive and violent behaviors. As stated by the herein
petitioner, even their six (6) year old son is already thinking of hurting his father
when he grow up, which is a clear indication that the abuse done by the herein
respondent is already manifesting in the behavior of their son.

21. A father’s role to the family especially to his children is very crucial to their
development as an individual. But, if the very presence of the person who is
supposed to be the protector of the family, is the one who is causing pain, danger
and damage to the well-being of his family, then it is to the best interest of the
parties, especially the child, to prohibit the offending parent from again becoming
a part of and taking control of their lives.

22. If the prayer of Temporary Protection Order is not granted by this Honorable
Court, it is unlikely that the Petitioner and their children will ever experience a
peaceful life. The constant threats and physical abuses being inflicted by the
Respondent to the Petitioner will never stop unless and until this Honorable Court
intervenes.

PRAYER
WHEREFORE, it is most respectfully prayed of this Honorable Court, that:

1. Upon approval of this Petition, Respondent be ordered to:

a) To remove all his personal belongings and leave their conjugal dwelling
or family home;
b) To stay away from the petitioner and her children, mother and all her
household help and driver from a distance of 1,000 meters, and shall not
enter the gate of the subdivision where the Petitioner may be temporarily
residing;
c) Not to harass, annoy, telephone, contact or otherwise communicate with
the Petitioner, directly or indirectly, or through other persons, or contact
directly or indirectly her children, mother and household help, nor send
gifts, cards, flowers, letters and the like.
d) To surrender all his firearms and any unlicensed firearms in his
possession or control.
e) To pay full financial support for the Petitioner and the children, including
rental of a house for them, and educational and medical expenses.
 f) To render an accounting of all advances, benefits, bonuses and other
cash he received from all the corporations from 1 January 2006 up to 31
March 2006.

Petitioner and the undersigned Counsel prays for such other relief, just and
equitable under the premises.

Bacolod City, Philippines, March 15, 2022.

IN WITNESS whereof, I hereby affixed my signature this 15th day of March 2022
at Bacolod City.

Rosalie Jaype-Garcia
Petitioner/Affiant

SUBSCRIBED AND SWORN to before me this 15th day of March 2022 at Bacolod
City with affiant exhibiting to me her Driver’s License with Nos. 456-979-580KQ as
competent proof of her identity.

Michelle C. Llaneta-Villamora
UNTIL DECEMBER 31, 2025
MCLE V24032
PTR No. 52401224: 3-27-24: N.C.
IBP No. 270427: 3-27-24:N.C.
Roll No. 030611: 1-14-24: Manila

Doc. No.: 1050

Page No.: 346
Book No.: 5
Series of 2022