Republic of the Philippines
REGIONAL TRIAL COURT
7TH Judicial Region
Branch ____
Cebu City
___________________,
Petitioner, CASE NO. ________________
-versus- For: PETITION FOR
PROTECTION ORDER
___________________,
Respondent.
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VERIFIED PETITION
COMES NOW, Petitioner ___________________, thru the
undersigned counsel and unto this Honorable Court, most respectfully files
this Petition for Protection Order and further avers THAT –
THE PARTIES
1. Petitioner ___________________is of legal age, Filipino,
married to herein Respondent and a resident of Poblacion, Samboan, Cebu,
Philippines. She may be served with legal processes coming from this
Honorable Court through the office address of the undersigned counsel
located at Don Carlos A. Gothong Port Centre (Sugbutel), S. Osmeña Blvd.,
NRA, Cebu City, Philippines;
2. Respondent ___________________ is likewise of legal age,
Filipino, married to herein Petitioner and a resident of B. Rodriguez, Cebu
City, Philippines, where he may be served with legal processes coming from
this Honorable Court;
ALLEGATIONS IN SUPPORT OF PETITIONER’S PRAYER
FOR ISSUANCE OF PROTECTION ORDER
3. Petitioner and Respondent got married on 21 December 2001 at
the Municipal Trial Court in Cities, Cebu City, Branch 1 as evidenced by
their Certificate of Marriage attached hereto and marked as Annex “A”;
4. Four (4) children were born from the relationship, namely:
___________________ on 19 October 2000, ___________________ on 7
December 2001, ___________________on 23 December 2002, and
___________________on 1 October 2006. Copies of the Certificates of Live
Birth are attached hereto and marked as Annexes “B” to “E”, respectively;
5. All was well at the start of the marriage. However, because of
the Respondent’s violent behavior and his gambling addiction, the parties
decided to part ways sometime in 2007 and have been living separately since
then. All four (4) children are currently under the custody of the Petitioner.
The Respondent, on the other hand, is currently living with another woman
and already has illegitimate children;
6. The Respondent is a seafarer with a position of Chief Mate and
is currently employed by ELMIRA TANKERS MANAGEMENT S.A. thru
its local agent EVIC HUMAN RESOURCE MANAGEMENT, INC. (FOR
MOONRISE SHPG AGENCY, CO. LTD.) and receives a monthly salary of
at least One Thousand Seven Hundred Ninety US Dollars (US$1,790.00). A
copy of the Respondent’s Overseas Filipino Worker (OFW) Information is
attached hereto and marked as Annex “F”;
7. After parting ways, the parties agreed that the Respondent will
be the one to shoulder the education of the children. However, it has been
observed by the Petitioner that the Respondent is always late in providing
money for the school fees of the children to the point that the Petitioner is
sometimes constrained to issue promissory notes. Further, the amount given
by the Respondent is usually not enough to cover the school expenses of the
children. The Petitioner verbally demanded from the Respondent several
times to make good his obligation but such have fallen on deaf ears;
8. Due to the Respondent’s unjustified refusal to provide the
necessary support, the Petitioner sent a Demand Letter, a copy of which is
attached hereto and marked as Annex “G”, addressed to the Respondent
asking the latter to provide support for the minor children. Again, the same
was not heeded by the Respondent; hence, the instant Petition;
9. Article 194 of the Family Code is explicit:
“Art. 194. Support comprises everything indispensable
for sustenance, dwelling, clothing, medical attendance,
education and transportation, in keeping with the
financial capacity of the family.
The education of the person entitled to be
supported referred to in the preceding paragraph shall
include his schooling or training for some profession,
trade or vocation, even beyond the age of majority.
Transportation shall include expenses to and from
school, or to and from place of work.”
10. Moreover, under Republic Act 9262 (Violence Against Women
and their Children Act), it is considered as an act of violence to deprive or
threaten to deprive the woman or her children of financial support legally
due her or her family, or to deliberately provide the woman’s children
insufficient support;
11. Based on the foregoing, it is evident that the Petitioner and her
minor children are entitled to support from the Respondent. The Respondent,
although highly capable of providing the necessary support, has consistently
failed to do so without any justifiable reason. The unjustified refusal of the
Respondent to give support is an act of violence contemplated under
RA9262, thus, herein Petitioner should be granted a Protection Order;
12. Considering the financial capacity of the Respondent, herein
Petitioner respectfully prays that a Protection Order be issued in her favor
directing the Respondent to provide support in the amount of One Hundred
Fifty Thousand Pesos (P150,000.00) a month or twenty-five percent (25%)
of his monthly salary if the Respondent is aboard a vessel, whichever is
higher, and Fifty Thousand Pesos (P50,000.00) per month if he is not aboard
a vessel;
13. Finally, in order to secure the remittance of the support, herein
Petitioner prays that the Protection Order direct the employer of the
Respondent to regularly withhold the above-mentioned amounts and to
automatically remit the same to the Petitioner without delay.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed that
after trial, a Protection Order be issued in favor of the Petitioner, as follows:
1. Directing the Respondent to provide support to the Petitioner
and their four (4) minor children in the amount of One Hundred Fifty
Thousand Pesos (P150,000.00) or twenty-five percent (25%) of
Respondent’s monthly salary if he is aboard a vessel, whichever is higher,
and Fifty Thousand Pesos (P50,000.00) per month if he is in the Philippines
and not aboard a vessel; and
2. Ordering the employer of the Respondent to regularly withhold
twenty-five percent (25%) of the salary of the Respondent or at least One
Hundred Fifty Thousand Pesos (P150,000.00) monthly, whichever is higher,
and to automatically remit the same without delay directly to the Petitioner;
Such other reliefs just and equitable under the circumstances are
likewise prayed for.
___________________. Cebu City, Philippines.
ATTORNEY
