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I attest that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. PRESBITERO J. VELASCO, JR. Associate Justice Chairperson, Third Division CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division. MARIA LOURDES P. A. SERENO Chief Justice Footnotes Penned by Associate Justice Elvi John S. Asuncion, with Associate Justices Noel G. Tijam and Arturo G. Tayag, concurring; rollo, pp. 54-58. 1 2 Rollo, pp. 129-132. 3 Id. at 133-136. 4 Id. at 60-61; per Judge Cesar A. Mangrobang. 5 Id. (Emphasis in the original) 6 Id. at 62-66. Penned by Associate Justice Elvi John S. Asuncion, with Associate Justices Hakim S. Abdulhawid and Lucenito N. Tagle, concurring; CA rollo, pp. 86-87. 7 8 Id. at 93-94. Id. at 144-177; In attendance were Associate Justices Elvi John S. Asuncion, Hakim S. Abdulhawid and Estela M. Perlas–Bernabe (now a member of the Supreme Court). 9 10 Rollo, p. 58. (Emphasis in the original) 11 Id. at 25. 12 Garcia v. Drilon, G. R. No. 179267, June 25, 2013, 699 SCRA 352, 401. 13 Supra.

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Tua v. Judge Mangrobang

Jurisprudence

Case number: G.R. No. 170701

Division: PH Supreme Court Third Division

Date of decision: Jan 22, 2014

Year of decision: 2014

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: The victim filed with the Regional Trial Court (RTC) of Imus, Cavite a Verified Petition for herself and in behalf of her minor children, for the issuance of a protection order, pursuant to Republic Act (RA) 9262 or the Anti-Violence Against Women and their Children Act of 2004, against her husband. The victim claimed that she and her children had suffered from petitioner’s abusive conduct; that petitioner had threatened to cause her and the children physical harm for the purpose of controlling her actions or decisions; that she was actually deprived of custody and access to her minor children; and, that she was threatened to be deprived of her and her children’s financial support. Accordingly, the Court affirmed the Decision of the Court of Appeals in upholding the Regional Trial Court's issuance of the Temporary Protection Order. The Regional Trial Court of Imus, Cavite is hereby ORDERED to resolve with dispatch the victim’s for a Permanent Protection Order.

Summary of outcome: The accused particularly directs his constitutional attack on Section 15 of RA 9262 contending that had there been no ex parte issuance of the TPO, he would have been afforded due process of law and had properly presented his side on the matter; that the questioned provision simply encourages arbitrary enforcement repulsive to basic constitutional rights which affects his life, liberty and property. The Court was not impressed. The Court posited that the protection order is an order issued to prevent further acts of violence against women and their children, their family or household members, and to grant other necessary reliefs. Its purpose is to safeguard the offended parties from further harm, minimize any disruption in their daily life and facilitate the opportunity and ability to regain control of their life. The accused also claimed that the CA erred in finding that the RTC did not commit grave abuse of discretion in issuing the TPO as the petition was bereft of any indication of grounds for the issuance of the same. He contends that the allegations in respondent's affidavit attached to the petition, and without admitting the same to be true, are nothing more than normal or usual quarrels between a husband and wife which are not grave or imminent enough to merit the issuance of a TPO. The Court is again not persuaded and ruled that the factual matters herein raised by him should be presented during the hearing on the merits on the issuance of the Permanent Protection Order.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERALTA, J.

Long title: RALPH P. TUA, Petitioner, vs. HON. CESAR A. MANGROBANG, Presiding Judge, Branch 22, Regional Trial Court, Imus, Cavite; and ROSSANA HONRADO-TUA, Respondents.

Geolocation 1

Latitude: 14.42893

Longitude: 120.936519

: Geolocation 1

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RALPH P. TUA.pdf
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Tua v. Judge Mangrobang

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