Republic of the Philippines

SUPREME COURT
Judicial Region
REGIONAL TRIAL COURT
BRANCH (FAMILY COURT)
Bulwagan ng Katarungan
City

EMERLINDA G. SP. PROC. NO. R- -

Petitioner, 19-01075-SP

-versus- FOR:
PROTECTION
ROLANDO M., ORDER UNDER RA
Respondents. 9262
x- - - - - - - - - - - - - - - - - - - - - - -x

POSITION PAPER
(for the Petitioner)

Petitioner, through the xxx, by the undersigned counsel,

unto this Honorable Court, respectfully submits this Position
Paper and in support thereof allege as follows:

BRIEF STATEMENT OF THE CASE

This a case for the issuance of a Protection Order filed by

the petitioner against the respondent on 04 September 2018.

STATEMENT OF THE CASE

The parties got married on December 30, 2004 in

Diliman, Quezon City. Out of their marriage were born two
children: Romer G. who was born March 17, 2000 and John
Paul G. who was born on April 2, 2004. Copies of the
Certificate of Marriage between parties, Certificate of Live Birth
of Romer G. and Certificate of Live Birth of John Paul G. were
attached to the Petition, which are Exhibits “A”, “B” and “C”,
respectively for the Petitioner.

Parties’ frequented fights is over the fact that respondent

has an illicit affair with another woman. On March 21, 2017,
respondent inflicted physical violence on the petitioner and
their children. Respondent slapped their youngest child.

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 Respondent verbally abused petitioner and her children
to the point of telling them that he wished for their death. His
mistress would also berate petitioner and tell her that she’s
crazy and shameless. The mistress would also curse at her
and say that petitioner and her children are pests to her
relationship with the respondent.

After their separation on the year 2018, the children were

left under the sole care and custody of the petitioner who is
working as a dressmaker with a meager income of more or less
Three Thousand Pesos (Php3,000.00) in a month. The
respondent, on the other hand, is earning income as a driver.

The Petitioner demanded from the respondent for a

consistent, regular and higher amount of monthly support as
Petitioner’s income is gravely insufficient to cover even the
basic needs of their children especially that both are in school,
yet the plea of the Petitioner fell on deaf ears, attached to the
Petition is a Certification from the Rizal National High School
as Exhibit “D”, a summary of the expenses for the child John
Paul G. as Exhibit “E” and summary of the expenses for the
child Romer G. as Exhibit “F”.

At present the expenses incurred by the petitioner for the

education of the children has increased as Romer G. is
already attending school at the State University as a freshman
student taking up BS Criminology while John Paul G. is
attending school in National High School as Grade 11 student.

The respondent did not file his answer despite receipt of

summons.

ISSUES

Considering the factual background attending the case at

bar, the following are the issues to be resolved by this
Honorable Court:

Whether or not the petitioner is entitled to the

issuance of a Permanent Protection Order.

ARGUMENTS/DISCUSSIONS

I. As defined under the law, "[a] protection order is an

order issued x x x for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of
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this Act and granting other necessary relief. The relief granted
under a protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in the
victim’s daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life.1

The scope of reliefs in protection orders is broadened to

ensure that the victim or offended party is afforded all the
remedies necessary to curtail access by a perpetrator to the
victim. This serves to safeguard the victim from greater risk of
violence; to accord the victim and any designated family or
household member safety in the family residence, and to
prevent the perpetrator from committing acts that jeopardize
the employment and support of the victim. It also enables the
court to award temporary custody of minor children to protect
the children from violence, to prevent their abduction by the
perpetrator and to ensure their financial support.2

Section 5 of Republic Act No. 9262 enumerated several

acts which are considered acts of violence against women and
children, applicable provisions of which are as follows:

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

(d) Placing the woman or her child in fear of imminent physical

harm; xxx

(h) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes substantial
emotional or psychological distress to the woman or her child. This
shall include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in public or
private places;
(2) Peering in the window or lingering outside the residence
of the woman or her child;
(3) Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;

(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

1
Section 8 of R.A. 9262
2
Garcia v. Drilon, G. R. No. 179267, 25 June 2013.
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 support or custody of minor children of access to the woman's
child/children.

The act of respondent of hurting petitioner and her

children constitutes as physical violence under the law. His
act of throwing abusive words to the petitioner and allowing
his mistress to maltreat his family caused psychological
trauma not only to the petitioner but also to their children.

Moreover, petitioner, being the wife of respondent and

their legitimate children are entitled to be supported by the
respondent. The act of respondent in failing to provide
financial support to petitioner and their children constitutes
as an economic abuse.

Aforesaid acts of respondents causing emotional pain

and mental distress mental to the petitioner call for the
protection of the Honorable Court. The petitioner is therefore
entitled to be issued a permanent protection order to be
protected from the foregoing acts.

PRAYER

WHEREFORE, premises considered, it is most

respectfully moved that:

1. The respondent be enjoined from threatening to

commit or committing further acts of violence against
petitioner and their children;

2. Petitioner be granted custody and charge of the minor

children until further orders from this court;

3. The respondents be ordered to desist and refrain from

imposing any form of restraint on the personal liberty
of the petitioner;

4. Respondent be ordered to provide sufficient financial

support to the petitioner and children in the amount of
P3,000.00 every week or a total of P12,000.00 monthly
for their sustenance, dwelling, clothing, education of
the minor children even after attaining the age of
majority, and transportation; and

5. A Permanent Protection Order be issued on the

foregoing prayers.
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 Such other relief and remedies which are just and
equitable under the premises are equally prayed for.

RESPECTFULLY SUBMITTED.

14 September 2020, City.

DEPARTMENT OF JUSTICE

By:

xxx
IBP Lifetime No.
Roll of Attorneys No.
MCLE Compliance No.
Valid until April 14, 2022

Copy furnished:
(by registered mail)

ROLANDO M.
c/o Residence
Compound
Marulas, Valenzuela,

EXPLANATION

A copy of the foregoing POSITION PAPER is furnished to

the respondent by registered mail in lieu of the preferred mode
of personal service due to time constraint and lack of
personnel to effect personal service.

xxx

Republic of the Philippines )

Tacloban City ) S.C.

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 VERIFICATION
I, EMERLINDA G. , of legal age, Filipino, residing at
Brgy., , sworn to in accordance with law, hereby depose and
say that:

1. That I am the petitioner in the above-cited case and I am

the same person who caused the preparation and filing of
the foregoing POSITION PAPER;

2. That I have read and understood all the allegations

contained in the POSITION PAPER and all are true and
correct based on my personal knowledge, or based on
authentic documents;

3. The POSITION PAPER is not filed to harass, cause

unnecessary delay, or needlessly increase the cost of
litigation; and

4. The factual allegations therein have evidentiary support

or, if specifically so identified, will likewise have
evidentiary support after a reasonable opportunity for
discovery.

IN WITNESS WHEREOF, I have hereunto set my hand

this 14th day of September 2020 at City, Philippines.

EMERLINDA G.
Affiant/Petitioner
COMELEC ID with VIN:

SUBSCRIBED AND SWORN to before me this 14th day of

September 2020 at City, Philippines.

xxx

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