REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

6th JUDICIAL REGION
BRANCH 41
BACOLOD CITY

Rosalie Jaype-Garcia,
Petitioner,

-versus- CIVIL CASE NO. 06-797

For: Application for Protection Order
Pursuant to (RA9262)

Jesus C. Garcia,
Respondent,
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PETITION FOR PERMANENT PROTECTION ORDER

WITH PRAYER FOR THE ISSUANCE OF A TEMPORARY PROTECTION ORDER

Petitioner, through undersigned counsel, unto this Honorable Court,

respectfully states and alleges.

1. Petitioner, Rosalie Jaype-Garcia, is of legal age, Filipino, with address at

Bacolod City where she may be served with order and other processes of this
Honorable Court.

2. Respondent, Jesus C. Garcia, is likewise of legal age, Filipino-Chinese with

address at Bacolod City where he may be served with summons and other
processes of this Honorable Court.

3. That the parties have three (3) minor children, namely, Jo-Ann J. Garcia, 17
years old, who is the natural child of petitioner but whom private respondent
adopted; Jessie Anthone J. Garcia, 6 years old; and Joseph Eduard J. Garcia, 3
years old.

Statements of the Circumstances of the abuse

4. The respondent is dominant, controlling, and demands absolute obedience

from the petitioner and their children and trivialized her ambitions and prevailed
upon her to just stay at home. He was often jealous of the fact that his attractive
wife still catches the eye of some men, at one point threatening that he would
have any man eyeing her killed.

5. That in 2004, respondent admitted the affair with Robinson’s bank manager,
who is the godmother of one of their sons when petitioner confronted him.

6. That respondent’s infidelity spawned a series of fights that left petitioner

physically and emotionally wounded in one of their quarrels, where the
respondent grabbed petitioner on both arms and shook her with such force that
caused bruises and hematoma.
7. That respondent sometimes turned his ire on their daughter, Jo-Ann, who had
seen the text messages he sent to his paramour and whom he blamed for
squealing on him. He beat Jo-Ann on the chest and slapped her many times

CAUSE/S OF ACTION

8. The respondent causes harm and danger to his wife and children in
violation of R.A. 9262 or Violations against Women and children.

9. That on December 17, 2005, all the emotional and psychological turmoil
drove petitioner to the brink of despair, while at home, she attempted suicide by
cutting her wrist and was found by her son bleeding on the floor.

10. That despite of the three businesses to which both of them are
stockholders, the petitioner is taking P20,000 pesos monthly only where the
household expenses amounting to not less than ₱200,000.00 a month are paid
for by petitioner through the use of credit cards, which, in turn, are paid by the
same corporation together with the bills for utilities while the respondent is getting
P60,000 pesos monthly and unlimited cash advances from the two businesses.

11. That after petitioner confronted the respondent about the affair,
respondent forbade her to hold office where all the businesses of the
corporations are conducted, thereby depriving her of access to full information
about said businesses to which she had helped to raise millions of pesos.

Reasons for Temporary Protection Order

12. Unless protected by this Honorable Court, there is reasonable ground

to believe that the respondent will likewise inflict violence against the petitioner,
petitioner’s family or household members, and for their protection, they consent
for a temporary protection order that this Honorable Court may issue to prevent
the occurrence or recurrence of such violence.

13. Unless restrained by this Honorable Court, there is a great and

imminent danger that respondent will take their minor children out of the
jurisdiction of this Court where the petitioner could no longer find them.

PRAYER

WHEREFORE, premises considered, it is most respectfully prayed unto

this Honorable Court that:

1. Upon filing of this petition, the Honorable Court issue ex parte

In favor of the petitioner a Temporary Protection Order:

1a. Prohibiting the respondent from threatening to commit or

committing further acts of violence against the petitioner and
designated family members.

1b. Ordering the respondent to stay away from the petitioner,

designated family and household members, the residence of petitioner
and the children and the school of the children
 1c. Granting the exclusive possession of the residence to the
petitioner.

1d. Granting to the petitioner custody and charge of the minor children,
until furthers orders from the court.

1e. Ordering the respondent to absolutely desist and refrain from

imposing any restraint on the personal liberty of the petitioner and from
taking from petitioner’s custody or charge any of said minor children.

1f. Ordering the respondent from further communicating in any form

e.g. landline, telephone, fax machine, email and other means with the
petitioner and her minor children in the residence where the respondent
was ordered to vacate from, in the school where the children are studying.

1g. Ordering either a law enforcement officer or barangay official to

accompany either party to the residence to supervise the removal of
personal belongings in order to ensure the personal safety of the
petitioner.

Other Reliefs just and equitable under the premises are likewise prayed for.

City of Bacolod, Philippines, March 4, 2013

ROSALIE JAYPE-GARCIA
Affiant

ATTY. REGINA O. DATOY

Counsel for the petitioner

IBP NO. 145678, 2/12/2004

PTR NO. 23457, 12/5/2003
Roll of Attorney No. 346789
MCLE Comp. No.VI-1234,
8/8/2003