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Pursuant to the provisions of R.A. 9262, otherwise known as the "Anti-Violence Against Women and their Children Act of 2004, a Temporary Protection Order (TPO) effective for thirty (30) days from date of receipt is hereby issued against respondent Ralph P. Tua. For the purpose of the implementation of the Temporary Protection Order, the respondent (herein petitioner Ralph) is hereby ordered to: 1. Enjoin from committing and threatening to commit personally or through another, physical, verbal and emotional harm or abuse against the herein petitioner (respondent) and other family and household members; 2. Restrain from harassing, annoying, texting, telephoning, contacting or otherwise communicating with the petitioner (respondent) whether directly or indirectly or engaged in any psychological form of harassment; VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW. The Sheriff of this Court, the PNP Imus, Cavite, or any Officers of the Law are hereby commanded to effect this Order immediately and to use necessary force and measures under the law to implement this Order. Let the hearing for Permanent Protection Order be set on June 9, 2005 at 2:00 o’clock in the afternoon. SO ORDERED.5 In his Comment6 to respondent's Petition with Urgent Motion to Lift TPO, petitioner denied respondent’s allegations and alleged, among others, that he had been maintaining a separate abode from petitioner since November 2004; that it was respondent who verbally abused and threatened him whenever their children's stay with him was extended; that respondent had been staying with a certain Rebendor Zuñiga despite the impropriety and moral implications of such set-up; that despite their written agreement that their minor children should stay in their conjugal home, the latter violated the same when she surreptitiously moved out of their conjugal dwelling with their minor children and stayed with said Zuñiga; and, that respondent is mentally, psychologically, spiritually and morally unfit to keep the children in her custody. Petitioner contended that the issuance of the TPO on May 23, 2005 is unconstitutional for being violative of the due process clause of the Constitution. Without awaiting for the resolution of his Comment on the petition and motion to lift TPO, petitioner filed with the CA a petition for certiorari with prayer for the issuance of a writ of preliminary injunction and/or temporary restraining order and preliminary injunction and hold departure order assailing the May 23, 2005 TPO issued by the RTC. On June 9, 2005, the CA, in order not to render the petition moot and to avoid grave and irreparable injury, issued a temporary restraining order to temporarily enjoin the parties and their agents from enforcing the assailed May 23, 2005 TPO issued in Civil Case No. 0464-05.7 Petitioner later filed an Urgent Motion for Issuance of a Writ of Preliminary Injunction with Manifestation,8 praying that the enforcement of all orders, decision to be issued by the RTC and all the proceedings therein be restrained. A hearing9 was, subsequently, conducted on the motion. On October 28, 2005, the CA issued its assailed decision, the decretal portion of which reads:

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Tua v. Judge Mangrobang

Jurisprudence

Case number: G.R. No. 170701

Division: PH Supreme Court Third Division

Date of decision: Ene 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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Commission on Human Rights

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Tua v. Judge Mangrobang

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