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1) Prohibited from threatening to commit or committing, personally or through another, acts of violence against the offended party; 2) Prohibited from harassing, annoying, telephoning, contacting or otherwise communicating in any form with the offended party, either directly or indirectly; 3) Required to stay away, personally or through his friends, relatives, employees or agents, from all the Petitioners Rosalie J. Garcia and her children, Rosalie J. Garcia's three brothers, her mother Primitiva Jaype, cook Novelita Caranzo, driver Romeo Hontiveros, laundrywoman Mercedita Bornales, security guard Darwin Gayona and the petitioner's other household helpers from a distance of 1,000 meters, and shall not enter the gate of the subdivision where the Petitioners are temporarily residing, as well as from the schools of the three children; Furthermore, that respondent shall not contact the schools of the children directly or indirectly in any manner including, ostensibly to pay for their tuition or other fees directly, otherwise he will have access to the children through the schools and the TPO will be rendered nugatory; 4) Directed to surrender all his firearms including .9MM caliber firearm and a Walther PPK to the Court; 5) Directed to deliver in full financial support of Php200,000.00 a month and Php50,000.00 for rental for the period from August 6 to September 6, 2006; and support in arrears from March 2006 to August 2006 the total amount of Php1,312,000.00; 6) Directed to deliver educational expenses for 2006-2007 the amount of Php75,000.00 and Php25,000.00; 7) Directed to allow the continued use of a Nissan Patrol with Plate No. FEW 508 and a Starex van with Plate No. FFD 991 and should the respondent fail to deliver said vehicles, respondent is ordered to provide the petitioner another vehicle which is the one taken by J Bros Tading; 8) Ordered not to dissipate, encumber, alienate, sell, lease or otherwise dispose of the conjugal assets, or those real properties in the name of Jesus Chua Garcia only and those in which the conjugal partnership of gains of the Petitioner Rosalie J. Garcia and respondent have an interest in, especially the conjugal home located in No. 14, Pitimini St., Capitolville Subdivision, Bacolod City, and other properties which are conjugal assets or those in which the conjugal partnership of gains of Petitioner Rosalie J. Garcia and the respondent have an interest in and listed in Annexes "I," "I-1," and "I-2," including properties covered by TCT Nos. T-186325 and T-168814; 9) Ordered that the Register of Deeds of Bacolod City and E.B. Magalona shall be served a copy of this TEMPORARY PROTECTION ORDER and are ordered not to allow the transfer, sale, encumbrance or disposition of these above-cited properties to any person, entity or corporation without the personal presence of petitioner Rosalie J. Garcia, who shall affix her signature in the presence of the Register of Deeds, due to the fear of petitioner Rosalie that her signature will be forged in order to effect the encumbrance or sale of these properties to defraud her or the conjugal partnership of gains. In its Order29 dated September 26, 2006, the trial court extended the aforequoted TPO for another ten (10) days, and gave petitioner a period of five (5) days within which to show cause why the TPO should not be renewed, extended, or modified. Upon petitioner's manifestation,30 however, that he

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Garcia v. Drilon

Jurisprudence

Case number: G.R. No. 179267

Date of decision: Hun 25, 2013

Year of decision: 2013

GBV Case Type

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

Nature of the case: A married woman, 45 years of age who belongs to the middle-class women, together with her 17 years old girl child, 6 years old and 3 years old boy children were abused by the accused who is the husband and the father of the victims respectively, physically, emotionally, psychological and economically and thus the private complainant for herself and in behalf of her children filed a verified petition before the RTC of Bacolod for the issuance of a Temporary Protection Order (TPO) against her husband as result of marital infidelity on the part of the accused with threats of deprivation of custody of her children and of financial support. Meanwhile, the accused belatedly questioned the constitutionality of RA 9262 or the Anti-Violence Against Women and Children Act of 2004 of which the Supreme Court outrightly denied for the reason that the said law does not violate the equal protection clause of Article III of the Constitution nor is violative of the due process clause of the Constitution. Therefore, the TPO was then renewed and extended for 30 days and the Petition for Review on Certiorari filed by the accused challenging the validity / constitutionality of RA 9262 was denied for lack of merit.

Summary of outcome: Re: Temporary Protection Order: The same is renewed and extended for thirty (30) days. Re: Review on Certiorari (Challenging the validty / constitutionality of RA 9262: Denied for lack of merit.

Ration: No concrete evidence and convincing arguments were presented by petitioner to warrant a declaration of the unconstitutionality of R.A. 9262. In reiteration of Justice Puno's obsevation that "the history of the women's movement against domestic violence shows that one of its most difficult struggles was the fight against the violence of law itself. If we keep that in mind, law will not again be a hindrance to the struggle of women for equality but will be its fulfillment." Hence, the constitutionality of RA 9262 is sustained.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: PERLAS-BERNABE, J.

Long title: JESUS C. GARCIA, Petitioner, vs. THE HONORABLE RAY ALAN T. DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH EDUARD, JESSE ANTHONE, all surnamed GARCIA, Respondents.

Geolocation 1

Latitude: 10.65916

Longitude: 122.967445

: Geolocation 1

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GARCIA V. DRILON.pdf
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Garcia v. Drilon

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