DREPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL REGION
REGIONAL TRIAL COURT, CITY OF MANILA
BRANCH ____
Rachelle Apolinario-Sudario
Petitioner,
Civil Case No. ________________
-versus- For: Application for Protection Order
Under (R.A. No. 9262) Violence Against
Women and Their Children
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 Respondent’s 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 or custody of minor children of access to the
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 Respondent’s threats to
her. The Petitioner was also publicly humiliated during the time of incident
at their office on January 7, 2014 by the Respondent’s 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 Petitioner’s rights as a woman.
Second Cause of Action
(Violation of Section 5 paragraph (d) of R.A. 9262)
24. By reason of Respondent’s 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 family’s
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
well-being 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 a 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 attorney’s 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
[email protected]
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 Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. 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_.
