motion for ppo

8/6/2019 Motion for PPO

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motion for PPOTO: You + 1 MoreShow DetailsMessage bodyMotion for the Issuance of a Protection Order PDF Print E-mailRepublic of the PhilippinesREGIONAL TRIAL COURT7th Judicial RegionBranch No. ______

__________City

xxxxxxxxxxxxx,Petitioner,

- versus -CIVIL CASE _____________FOR : NULLITY OF MARRIAGE, CHILD SUPPORT AND/OR CUSTODYxxxxxxxxxxxxxxxxxxxxx,Respondent,

X - - - - - - - - - - - - - - - - - - - - - - - XMOTION FOR THE ISSUANCE OF AN EX PARTE TEMPORARYPROTECTIVE ORDER AND PERMANENT PROTECTION ORDERPETITIONER, through undersigned counsel, most respectfully states that:

At 10 p.m. on ___________, respondent _________, forced himself inside petitioners house in_____________ by destroying the kitchen door.Once inside, respondent _____ pushed petitioner in the chest causing her to suffer slight physicalinjury.Respondent ___________then ordered petitioner to get out of the house.Petitioner has executed an affidavit marked as Annex A.She has filed an application for barangay protection order and was issued a barangay protection

order dated ______________. Attached is a copy marked as Annex B of the application formand the barangay protection order marked as Annex C.Petitioner also reported the incident to the police. Attached is a copy of the police report markedas Annex D.Petitioner also had the break in reported to the Barangay Hall. Attached is a copy of the barangayblotter marked as Annex E.That by reason of respondents act, he has violated Sec. 5 of R.A. 9262SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence againstwomen and their children is committed through any of the following acts:(a) Causing physical harm to the woman or her child;(b) Threatening to cause the woman or her child physical harm;(c) Attempting to cause the woman or her child physical harm;(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which thewoman or her child has the right to desist from or desist from conduct which the woman or herchild has the right to engage in, or attempting to restrict or restricting the woman's or her child'sfreedom of movement or conduct by force or threat of force, physical or other harm or threat ofphysical or other harm, or intimidation directed against the woman or child.This shall include, but not limited to, the following acts committed with the purpose or effect ofcontrolling or restricting the woman's or her child's movement or conduct:(1) Threatening to deprive or actually depriving the woman or her child of custody to her/hisfamily;(2) Depriving or threatening to deprive the woman or her children of financial support legally due


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her or her family, or deliberately providing the woman's children insufficient financial support;(3) Depriving or threatening to deprive the woman or her child of a legal right;(4) Preventing the woman in engaging in any legitimate profession, occupation, business oractivity or controlling the victim's own money or properties, or solely controlling the conjugal orcommon money, or properties;(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling heractions or decisions;(g) Causing or attempting to cause the woman or her child to engage in any sexual activity whichdoes not constitute rape, by force or threat of force, physical harm, or through intimidationdirected against the woman or her child or her/his immediate family;(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, thatalarms 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 againsther/his will;(4) Destroying the property and personal belongings or inflicting harm to animals or pets of thewoman 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 supportor custody of minor children of access to the woman's child/children.That previously, _____________, respondent suddenly appeared in their house in

_____________ and argued with petitioner about why _________________l.Respondent then got mad and uttered some threatening words _____________.Respondent then entered the room of the petitioner and boxed the door thereby causing fear andemotional distress on the part of petitioner. Attached is a copy of the police report marked as

Annex F.Petitioner is currently living with their children _____________ and she is worried not only abouther welfare but also that of her children since the same event might recur and respondent willfurther harm them.Hence, petitioner is constrained to file this Motion for the issuance of the Protection Order as

provided in Sec. 7 of the Rule on Provisional Orders (A.M. NO. 02-11-12-SC) and Sec. 8 of RA9262 otherwise known as Anti-Violence Against Women and their Children Act of 2004, to wit:A.M. No. 02-11-12-SCSec. 7. Order of Protection.The court may issue an Order of Protection requiring any person:(a) to stay away from the home, school, business, or place of employment of the child, otherparent or any other party, and to stay away from any other specific place designated by the court;(b) to refrain from harassing, intimidating, or threatening such child or the other parent or anyperson to whom custody of the child is awarded;(c) to refrain from acts of commission or omission that create an unreasonable risk to the. health,safety, or welfare of the child;(d) to permit a parent, or a person entitled to visitation by a court order or a separationagreement, to visit the child at stated periods;(e) to permit a designated party to enter the residence during a specified period of time in order to

take personal belongings not contested in a proceeding pending with the Family Court;(f) to comply with such other orders as are necessary for the protection of the child.R.A. 9262Sec. 8. Protection Orders.- A protection order is an order issued under this act for the purpose ofpreventing further acts of violence against a woman or her child specified in Sec. 5 of this Act andgranting other necessary relief. The relief granted under a protection order serve the purpose ofsafeguarding the victim from further harm, minimizing any disruption in the victim's daily life, andfacilitating the opportunity and ability of the victim to independently regain control over her life.The provisions of the protection order shall be enforced by law enforcement agencies. Theprotection orders that may be issued under this Act are the barangay protection order (BPO),temporary protection order (TPO) and permanent protection order (PPO). The protection orders


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that may be issued under this Act shall include any, some or all of the following reliefs:(a) Prohibition of the respondent from threatening to commit or committing, personally or throughanother, any of the acts mentioned in Sec. 5 of this Act;(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwisecommunicating with the petitioner, directly or indirectly;(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless ofownership of the residence, either temporarily for the purpose of protecting the petitioner, orpermanently where no property rights are violated, and if respondent must remove personaleffects from the residence, the court shall direct a law enforcement agent to accompany therespondent has gathered his things and escort respondent from the residence;(d) Directing the respondent to stay away from petitioner and designated family or householdmember at a distance specified by the court, and to stay away from the residence, school, placeof employment, or any specified place frequented by the petitioner and any designated family orhousehold member;(e) Directing lawful possession and use by petitioner of an automobile and other essentialpersonal effects, regardless of ownership, and directing the appropriate law enforcement officerto accompany the petitioner to the residence of the parties to ensure that the petitioner is safelyrestored to the possession of the automobile and other essential personal effects, or to supervisethe petitioner's or respondent's removal of personal belongings;(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legalsupport. Notwithstanding other laws to the contrary, the court shall order an appropriatepercentage of the income or salary of the respondent to be withheld regularly by the respondent'semployer for the same to be automatically remitted directly to the woman. Failure to remit and/orwithhold or any delay in the remittance of support to the woman and/or her child without justifiablecause shall render the respondent or his employer liable for indirect contempt of court;(h) Prohibition of the respondent from any use or possession of any firearm or deadly weaponand order him to surrender the same to the court for appropriate disposition by the court,including revocation of license and disqualification to apply for any license to use or possess afirearm. If the offender is a law enforcement agent, the court shall order the offender to surrenderhis firearm and shall direct the appropriate authority to investigate on the offender and takeappropriate action on matter;(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to,

property damage, medical expenses, childcare expenses and loss of income;(j) Directing theDSWD or any appropriate agency to provide petitioner may need; and(k) Provision of such otherforms of relief as the court deems necessary to protect and provide for the safety of the petitionerand any designated family or household member, provided petitioner and any designated familyor household member consents to such relief.

Any of the reliefs provided under this Sec. shall be granted even in the absence of a decree oflegal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitionerfrom applying for, or the court from granting a TPO or PPO.

There is a need to issue an order directed to the defendant directing him to refrain from goingnear petitioners house and committing acts of violence as provided under Sec. 5 of R.A. 9262

which causes undue physical, emotional or psychological harm on petitioner and her children.

The barangay protection order will expire on ____________.

Petitioner attests that there is no pending application for a protection order in another court.WHEREFORE, above premises considered, it is respectfully prayed that:1. An ex parte temporary protection order be issued by the court:

Prohibiting respondent from threatening to commit or committing, personally or through anotherany of the acts of violence against women and children as provided any of the acts mentioned in


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Sec. 5 of R.A. 9262.

To prohibit the respondent from harassing, annoying, telephoning, contacting or otherwisecommunicating with the petitioner, directly or indirectly;

To direct the respondent to stay away from petitioner and designated family or householdmember at a distance specified by the court, and to stay away from the residence, and place ofemployment, or any specified place frequented by the petitioner and any designated family orhousehold member.

Prohibition of the respondent from any use or possession of any f irearm or deadly weapon andorder him to surrender the same to the court for appropriate disposition by the court, includingrevocation of license and disqualification to apply for any license.

Providing for such other forms of relief as the court may deem necessary to protect and providefor the safety of petitioner and her children.2. To make the protection order permanent.Cebu City, Philippines, _______________________LEPITEN AND BOJOS LAW OFFICECounsels for the Petitioner

21-F Don Pedro Rodriguez St.,Capitol Site, Cebu City, Philippines

ATTY. ANNA FIONAH L. BOJOS

Copy furnished:Atty. __________Counsel for Respondent

Address _________The Solicitor GeneralOffice of the Solicitor General134 Amorsolo St.,Legaspi Village

1229 Makati CityRegistry Receipt No. ________Date: ____________________

Office of the Prosecutor____________________Received by: ____________Date: __________________

_____________Barangay Captain

Address_______________Received by: _________Date: ___________________

NOTICE OF HEARINGThe Clerk of Court

Atty.______________Office of the Provincial ProsecutorPlease submit the motion for ex parte temporary protection order for consideration of the courtwithout need for further hearing as provided in Sec. 15 of R.A. 9262 and the hearing forpermanent protection order on _____________ if convenient with the courts calendar.

Atty. Anna Fionah L. Bojos


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EXPLANATION

A copy of this motion was served via registered mail to the Office of the Solicitor General due tothe distance of the Office of the Solicitor General from the undersigned counsels office.

Atty. Anna Fionah L. Bojos

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