You are on page 1of 18

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION


REGIONAL TRIAL COURT, CITY OF MANILA
BRANCH ____
Rachelle Apolinario-Sudario
Petitioner,
Civil Case No. ________________
For: Application for Protection
Order
Under (R.A. No. 9262) Violence
Against
Women and Their Children

-versus-

Jeffrey Sudario
Respondent.
x--------------------------------------------------------------x

PETITION FOR PROTECTION ORDER


(With Urgent Prayer for the Issuance of a
Temporary Protection Order)
PETITIONER,

Rachelle

Apolinario-Sudario,

of

legal

age,

through the undersigned Counsel and unto this Honorable Court


most respectfully states and alleges:
Preparatory Statement

When a man enters a married life, he commits to the


responsibility of loving, valuing and respecting his wife. Likewise,
when he becomes a father, he can make a big difference in his
children's lives. He becomes the pillar of their strength and
support. A good father shows the importance of his wife in front of
their children. He practices the values that he wants his children
to follow.
The best gift that a father can give to his children is not just
inheritance, but, more importantly, heritage. The best gift that he
can give to his wife is what she needs the most - love and
respect.
Unfortunately, this case provides the total opposite. The
respondent, instead of being the source of stability in their family
is actually the one causing its ultimate demise.

Nature of the Petition

1.

This is an application for Permanent Protection Order


with Urgent Prayer for the Issuance of Temporary Protection
Order for violation of Republic Act 9262 otherwise known as
"An Act Defining Violence against Women and their Children,
Providing for Protective Measures for Victims, Prescribing
Penalties Therefore, and for other Purposes."

2.

By reason of the Respondent's complete disregard of


the Petitioner's rights and dignity as a woman, and for the
violence committed by the Respondent with the issuance of
the necessary protection orders.

The Parties and Their Relationship

3.

The Petitioner is a Filipino, 35 years old, married to the


respondent, and a resident of 355 Bagong Silang St. Santa
Mesa, Manila.

4.

Respondent, Jeffry Sudario, is a Filipino, 38 years old,


married to petitioner, and is a resident of 53 CM Recto Ave.
Sampaloc, Manila.

5.

Both petitioner and respondent, thought married, have


been living separately since April 15, 2014;

The Relevant Antecedent Facts

6.

That sometime in the year 2000, the Petitioner and


Respondent began a hardware business located at 103
Espanya Boulevard Manila. Attached hereto is the Articles of
Incorporation with the SEC as Annex "A";

7.

The Petitioner and the Respondent got married Manila


Cathedral on Feb 14, 2003. Attached hereto is the marriage
certificate as Annex "B";

8. After the wedding, the Petitioner and the Respondent


established their family home in 53 CM Recto Ave. Sampaloc,
Manila.
7.1

In the beginning, the marriage of the Petitioner

and Respondent

was a picture of domestic bliss.

They worked more harmoniously and their business


flourished during their marriage.

9.

Shortly thereafter, the Petitioner gave birth to their only


child, Jeffery Sudario Jr. on July 3, 2005. Jeffery is currently 12
years old. Attached hereto is the birth certificate as Annex
"C";

10.

Thereafter, the marriage of the Petitioner and the

Respondent started to drift away. This is due to the fact that


the Respondent's vices started to manifest sometime in
2013. He was always away with his friends drinking and
gambling.

10.1

On December 25, 2013, the Respondent

showed up in his house very drunk reeking of


alcohol. This is when the child approached his father
asking for his Christmas gift, then the Respondent
shoved him away saying "tabi ka dyan, masakit ang
ulo ko!"
10.2

When the Petitioner saw the incident, she

immediately

confronted

him

asking

"saan

ka

nanaman nanggaling? paskong pasko wala ka at


lasing ka pang umuwi."

10.3

The Respondent furiously rebutted, while

pointing at her, saying Putang ina mo! wala kang


pakealam. Ako ang boss dito!" Then he slapped her
across the face in front of the child.
11.

On January 7, 2014, the business conducted its

annual inventory. The Petitioner discovered, through their


comptroller Mr. Jed Calizo, that there was a huge discrepancy
of the income generated by the business and the cash in
their bank account. Attached hereto is the judicial affidavit
of Mr. Jed Calizo as Annex "D";
12.

On the same day in the afternoon of January 7,

2014, the Respondent showed up in the office very drunk


and demanding P15, 000.00 from Mr. Calizo. The Petitioner

saw the incident and interfered hence verbal altercation


between them has started.
12.1.

The Petitioner questioned the Respondent

about the discovered discrepancy. The Respondent got


angry and shouted at the Petitioner "Hayop ka, bakit
mo ako pinagbibintangan? Pano mo nasabing ako ang
kumuha?" The Petitioner replied "eh kitang kita na oh
na tinatakot mo si Jed para bigay niya sayo ang pera."

12.2.

The Respondent began to get more furious. He

pointed at the Respondent then he grabbed her by the


collar of the shirt, almost choking her, then he blurted
Baka hindi mo alam kung kaninong pera din yan, kaya
wala kang karapatan para pagsabihan ako kung saan ko
gagamitin ang pera dahil akin din yan!

12.3.

Then Mr. Calizo tried to stop the Respondent

but the Respondent also shouted at him Hoy wag kang


makialam sa away naming magasawa! Then the
Respondent pushed her away which caused her to fall
and hit her head on the floor. Then as the Respondent
was leaving, he shouted said in front of the other
employees Tandaan mo tong kahihiyaan na ginawa mo
sakin! Hindi pa tayo tapos!

13.

Since then, the Respondent no longer comes to

the office to work. He will only come to the office on occasion


to force Mr. Jed Calizo to give him the money without the
knowledge of the Petitioner.
14.

The Respondent constantly beats the Petitioner for

insignificant matters especially when he asks for money and


the Petitioner refused to do so.

The Respondent would

continue to punch, slap, kick and choke the Petitioner until


she submitted to giving him the money out of fear of
becoming his human punching bag again. During those
times, the Respondent would even threaten the Petitioner
that he will kill her if she will not give him what he wants or if
she attempts to tell anyone about the domestic violence.
15.

On April 15, 2014, the Respondent came home

late again and very drunk and the Petitioner was stressed
due to the fact that she barely made it to the deadline of the
payment of the business annual income tax. Argument
started and they exchanged hurtful words with each other.

15.1.
The Respondent again asked money from the
Petitioner. Being stressed and fed up with the
Respondents behavior, she blurted out Bakit umuwi ka
pa? Bakit hinde ka nalang lumayas dito dahil wala ka
namang pakinabang sa buhay namin!

15.2.
The Respondent got so angry that he hit her
with several fist blows then held her neck choking the
petitioner. The Petitioner for the first time fought back
and was able to push the Respondent away against up
the cabinet. This is when their son showed up at their
room to check what is going on.
15.3.
When the Petitioner turned around, there was
already a .45 caliber gun pointed at her. The
Respondent shouted at her saying Ah ganon? Eh bat di
mo sinabi agad! Sige benta nalang natin ung hardware
at pag hatian natin ung nabenta para matapos natong
lahat. Dahil sawang sawa na ako sa pagbubunganga
mong gago ka! Then he pointed the gun at the child
and also shouted Anung tinitingin tingin mo diyan?
Umalis ka diyan kung ayaw mong masaktan!
15.4.
The Petitioner, shaking in fear and crying,
pleaded the Respondent Jeff ibaba mo na yan, maawa
ka sa anak mo. Sige bukas na bukas ibebenta ko na
lahat at ibibgay ko na yung hinihingi mo. Then
Respondent left the house to go somewhere else.
16.

On the same night, the Petitioner took their child

and left without bothering to pack their belongings out of


fear that the Respondent might come back. The Petitioner
went straight to the house of her parents in Santa Mesa,
Manila. She was advised by her parents to go to St. Lukes
Hospital to get a Medico Legal Certificate as well as to
blotter and report the Respondent. Attached hereto is the
Medico Legal Certificate of of Dr. John Carlo Agito as Annex

"E" and the police blotter report of SPO 1 _______ as Annex


F;
17.

For the first time since living away from the

Respondent, the Petitioner and their child experience a


peaceful life no quarreling, no shouting and no physical
abuses.

Causes of Action
18.

The Petitioner re-pleads the foregoing allegations

by reference.

First Cause of Action


(Violation of Section 5 paragraphs (a), (b) and (i) of R.A.
9262)
19.

The crime of violence against women 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;
xxx
(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

support

children

of

or

access

custody
to

the

of

minor

woman's

child/children.
20.

The Respondent has actually inflicted physical

violence

on

the

person

of

the

Petitioner

on

various

occasions. Similarly, the Respondent has threatened the


Petition with the same physical violence that caused the
latter emotional anguish and humiliation.
21.

The marriage of the Petitioner and the Respondent

started to be marked with domestic violence.


21.1 On December 25, 2013, the Respondent showed
up in his house very drunk reeking of alcohol.
Respondent shoved his son and slapped his wife.
21.2.On January 7, 2014, verbal altercation between
the Petitioner and Respondent ensued when she tried to
prevent the Respondent from forcing Mr. Calizo from
giving him money and questioned him about the
discrepancy. The Respondent grabbed her by the collar
of the shirt almost choking her then he pushed her
away which caused her to fall and hit her head on the
floor.
20.3

On April 15, 2014, The Respondent again asked

money from the Petitioner. When she refused, the


Respondent hit her with several fist blows.

22.

During their married life, the Petitioner has been

subjected to the same physical violence and threats by the


Respondent. Whenever the Respondent needed the money
to sustain his vices he would continue to hurt her to make
her follow his orders under fear of the Respondents threats
to her. The Petitioner was also publicly humiliated during the
time of incident at their office on January 7, 2014 by the
Respondents harsh treatment.
23.

These constant physical violence and threats of

the Respondent caused intense mental and emotional


anguish on the Petitioner which is clearly a violation of the
Petitioners rights as a woman.

Second Cause of Action


(Violation of Section 5 paragraph (d) of R.A. 9262)

24.

By reason of Respondents alcoholism, he has

placed the Petitioner and their children in imminent physical


harm.
24.1. The Petitioner was push the Respondent away
against up the cabinet. This is when their son showed
up at their room to check what is going on. The
Respondent pointed a .45 caliber against them.

Threatening both the Petitioner and including their child


if she does not give in to his demands.
25.

This incident left the child traumatized and clearly

left an impression on the Petitioner and the child that the


Respondent can expose them to danger without any
remorse.
26.

Clearly, the said act is a crime of violence

punishable by Section 5 (d) of R.A. 9262:


SECTION 5. Acts of Violence Against Women and
Their Children. - The crime of violence against women
and their children is committed through any of the
following acts:
xxx
(d) Placing the woman or her child in fear
of imminent physical harm;
Third Cause of Action
(Violation of Section 5 paragraphs (e) and (e) [2] of R.A.
9262)
27.

Apart from the constant physical violence and

threats that the Respondent has inflicted on the Petitioner,


the Respondent also compelled the Petitioner to give him
money, which the Petitioner had the right to desist from
since it was being used merely for his vices.

28.

The Respondent stopped going to the office to

work. He will only come to the office again to force Mr. Jed
Calizo to give him the money without the knowledge of the
Petitioner. This hard earned money is the sole income
generating venture of the family.

29.

The Respondent instead of working in the business

is withdrawing the money used as capital to sustain his


drinking and gambling. This resulted to financial problems as
indicated during the time of barely being able to pay the
annual tax of the business. If the said business would shut
down, this would be detrimental to the financial status and
sustenance of the familys needs.
30.

The foregoing acts are punishable under Section 5

(e) and (e) [2] of R.A. 9262:


SECTION 5. Acts of Violence Against Women and
Their Children.- The crime of violence against women
and their children is committed through any of the
following acts:
(e) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct
which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's

or her child's freedom of movement or conduct by force


or threat of force, physical or other harm or threat of
physical 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 of controlling or restricting the woman's or her
child's movement or conduct:
1. x x x
2. Depriving or threatening to deprive the woman
or her children of financial support legally due
her or her family, or deliberately providing the
woman's children insufficient financial support;

Allegations in Support of the Application for


Temporary Protection Order and Permanent
Protection Order

31.

Sometime in 2013 until the present, the Petitioner

was constantly subjected to physical, psychological and


emotional abuse.
32.

One

cannot

measure

the

trauma

that

the

Petitioner and the child have been exposed to when they


were living with the Respondent. It cannot be denied that the
Petitioner and their children have witnessed the indifference
of the Respondent to their well-being and safety. It has now

reached a point where just the thought of meeting and living


again with the Respondent is enough to send shivers down
their spine. The Petitioner and their child are facing grave
and impending injuries by their continued exposure to the
Respondent. It is most unlikely that the Respondent will ever
change.
33.

The Petitioner and their child were able to

experience a peaceful life - no quarreling, no shouting and


no physical abuses. This will be threaten anew if there is
nothing that prevent the Respondent from going near them
and placing them both under his wing.

34.

Indeed, an ideal family life includes the father. But

if the very presence of the person who is supposed to be the


protector of the family, in this case, the Respondent, is the
one who is causing pain, danger and damage to the wellbeing of his family, then it is to the best interest of the
parties, especially the child, to prohibit the offending parent
from again becoming a part of and taking control of their
lives.
35.

If the prayer of Temporary Protection Order and

the Permanent Protection Order is not granted by this


Honorable Court, it is unlikely that the Petitioner and their
children will ever experience a peaceful life. The constant
threats

and

physical

abuses

being

inflicted

by

the

Respondent to the Petitioner will never stop unless and until


this Honorable Court intervenes.
Prayer
WHEREFORE, it is most respectfully prayed of this
Honorable Court, that:
1. Upon the filing of this Petition, a Temporary
Protection Order be issued by this Honorable Court:
a) To prohibit the Respondent from threatening to
commit or committing, personally or through
another, any acts mentioned in Section 5 of
R.A. 9262;
b) To prohibit the Respondent from harassing,
annoying,

telephoning,

contacting

or

otherwise communicating with the Petitioner,


directly or indirectly;
c) To remove and exclude the Respondent from
the family home, regardless of ownership of
the residence permanently;
d) To direct the Respondent to stay away from
Petitioner

and

their

child

at

distance

specified by the court, and to stay away from


the residence, school, hardware store or any
specified place frequented by the petitioner
and their child;

e) To prohibit the Respondent from any use or


possession of any firearm or deadly weapon
and order him to surrender the same to the
court for appropriate disposition by the court,
including revocation of license if any and
disqualification to apply for any license to use
or possess a firearm;
f) To pay attorneys fees in the amount of
P100,000.00 and the cost of the suit;
2. After due hearing, the Temporary Protection Order be
made permanent.
3. The instant Petition be given due course
Petitioner prays for such other relief, just and equitable
under the premises.
Santa Mesa, Manila. May 2, 2014.
Rachelle Apolinario-Sudario
Petitioner
Assisted by:
Atty. Mark Resty Dayrit
Counsel for Petitioner
Unit 215, Times Square Building
No. 76 Times Street cor. Judicial
Street
West Triangle, Quezon City 1104
Tel No. 02-5551234
DayritAssociates@gmail.com

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING


I, Rachelle Apolinario-Sudario, of legal age, married, Filipino, and with residential
address at 355 Bagong Silang St. Santa Mesa, Manila, after having been duly sworn in
accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing petition as assisted by counsel;
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and records
in my possession;
4. I have not commenced any other action or proceeding involving the same issues
in the Supreme Court, the Court of Appeals, or any other tribunal or agency to the
best of my knowledge and belief, no such action or proceeding is pending in the
5.

Supreme Court, the Court of Appeals, or any other tribunal or agency;


If I should thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or any other tribunal or
agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May 2014 in
Santa Mesa, Manila.

Rachelle Apolinario-Sudario
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of May 2014 at 731
Kalayaan St. Santa Mesa Manila by the affiant exhibiting to me her ID
No.____________________ issued on ________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.