Republic of the Philippines REPUBLIC OF PHILIPPINES 7th Judicial Region BRANCH _______ Cebu City ROSARIO V.

MANGAPIS, Petitioner, SP. PROC NO. _______ For: Issuan e o! Per"anent Prote tion Or#er Pursuant to R.A. $%&% 'it( Pra)er !or Issuan e o! *e"+orar) Prote tion Or#er

- ,ersusNAPOLEON A. MANGAPIS, Res+on#ent, . / / / / / / / / / / / / / / / / / / / /0

PETITION
FOR THE ISSUANCE OF PROTECTION ORDER
COMES NO1, Petitioner by counsel unto this Honorable Court, most respectfully avers, *HA* : 1 Petitioner is of legal age, !ilipino Citi"en, married and a resident of #ac$ %&', (lumnos, #asa$, Cebu City, Philippines Ho)ever, she may be served )ith summons and other processes in court at the *egal (lternatives for +omen, ,nc , -o ./1 Corner (lcohol and 0i$atuna 0treets, #rgy 1apatera, Cebu City, Philippines2 % Respondent, -apoleon ( 3angapis, of legal age, married, !ilipino and currently residing at Cora"on 4illage, 0an ,sidro, 5alisay City, c6o Josefina 3 Pelone, )here he may be served )ith summons and other processes of this Court2 . Petitioner )as la)fully married to the respondent, as sho)n in the 3arriage Certificate and 3arriage Contract hereto attached and mar$ed as Anne. 2A/ 34 an# 2A/%4, respectively2 & 7uring their marriage, petitioner and respondent begot three 8.9 children, namely: 3aria (urora 4 3anggapis, &/ years old2 -oel 4 3anggapis, .'

1|Page

years old2 and 5herese 3arie Josefa 3anggapis, %& years old ( copy of their birth records are attached herein as Anne.es 2B4, 2C4 an# 2546 : Petitioner is married to respondent for forty-one 8&19 years no) 0he )as a public school teacher and retired sometime in %//7 0he is no) living on her minimal monthly pension received from ;0,0 5hroughout their marriage, petitioner )or$ed hard to earn money to support her family and on numerous times, she had to apply for loans to meet the necessary e<penses for the support and education of her children2 ' =n the other hand, Respondent is unemployed for appro<imately %: years no) and relying solely on the meager income of petitioner2 7 7uring the early stage of their marriage, petitioner discovered that the man she married )as hoo$ed in the vices of gambling, drin$ing and smo$ing (lso, respondent sho)ed a violent and abusive behavior manifested by his banging and slamming things inside their con>ugal d)elling, threatening petitioner of physical harm, and ma$ing derogatory remar$s upon petitioner by calling her ?bogo@ for countless times2 A ,n fact, petitioner received her first blac$-eye from respondent during the early years of their marriage )hile respondent )as still unemployed and their children )ere still of tender age2 B 5his violent behavior of respondent is triggered by only one cause C )ant of money to support his gambling, drin$ing and smo$ing2 1/ 5his violent attitude of respondent temporarily ceased )hen he )as hired by 4irginia !oods, ,nc Dnfortunately, for reasons only $no)n to him, respondent resigned from his employment after 1: years of service2 11 (fter resigning from 4irginia !oods, respondent ventured in e<porting coconut products #ut this enterprise )as a failure because respondent returned to his old vices2 1% #ecause respondent spent too much on gambling, drin$ing and smo$ing, his capital for the e<porting business d)indled until such time that the business

2|Page

)ent insolvent and respondent )as unable to pay his debts for the ra) materials purchased and the salaries of his )or$ers2 1. 5o save the family from shame and out of pity for the unpaid )or$ers, petitioner applied several loans, including unconscionable interest rates, >ust to husband2 1& Dntil finally, reali"ing that respondent )ould never change his )ays, petitioner decided to stop investing her hard earned money to respondentEs e<port business of coconut products2 1: Dpon learning about petitionerEs decision, respondent )ent ballistic and threatened petitioner )ith his fist )hile at the same time insulting petitioner )ith foul languages such as, ?bogo $a@, ?tigu)ang@, etc 2 1' !rom that time on, about t)enty-t)o 8%%9 years ago, respondent never bothered to find a >ob or means to earn money and relied solely on the income of petitioner, )hich the latter )as forced to give because of the threats and intimidation respondent )ould ma$e every time petitioner )ould deny his reFuest2 17 Respondent spent most of his time drin$ing )ith his friends at a ?sari-sari@ store in their neighborhood and )hen out of money, he )ould as$ his friends to charge the drin$s to his account )ith the store, and later, through threats and intimidation, respondent )ould as$ petitioner to pay his debts2 1A 0ometime in %/1/, in a surprise visit made by petitioner to the ?sari-sari@ store )here respondent )as drin$ing, she )as shoc$ed and disheartened upon seeing that respondentEs friends )ere drin$ing outside the store, )hile respondent )as inside holding hands )ith the store attendant2 1B Petitioner as$ed respondent to go home and out of shame, respondent heeded to her bid2 %/ ,n order that petitioner )ould continue to pay his debts and give him money, respondent reconciled )ith petitioner and promised her that he )ould not go bac$ to the store2
3|Page

from loan shar$s, despite

pay off the debts incurred by her

%1 #ut respondent bro$e his promise (fter several )ee$s, petitioner found out that respondent $ept calling the store attendant on the telephone 7uring one phone conversation, petitioner grabbed the telephone from respondent and confronted the store attendant )ho )as on the other line2 %% Respondent got mad and too$ the telephone from petitioner, apologi"ed to the store attendant and told her, ?Pasagdi na, na dehado $ay tigu)ang na@2 %. 5hose )ords caused serious emotional pain and mental anguish upon petitioner Dpon hearing it, petitioner felt a pain at the bac$ of her nec$ and she )as rushed to the hospital on the same day2 %& 7espite the pain and suffering caused by respondent upon petitioner, respondent $ept on displaying violent behavior in their household by thro)ing things, threatening petitioner and her daughters )ith his fist, and many times, he )ould brandish a $nife in front of petitioner and her daughters at the same time saying, ?tigu)ang, bogo, patyon ti$a ron, pisat $a ron@2 %: Petitioner had no choice but to give in to the demands of respondent2 %' =n one occasion, respondent as$ed !ive 5housand Pesos 8Php :,/// //9 from petitioner saying that he )ill use the money to start a business )hich involves >oining a bid for a generator (lso, on another occasion, respondent as$ed 5)o 5housand Pesos 8Php %,/// //9 from petitioner )hich he said )ould be used as starting capital for a >un$ business 5hese businesses never materiali"ed and petitioner reali"ed that she )as only deceived so that she may give respondent a large sum of hard earned money2 %7 Respondent even sold the music organ petitioner bought for !our 5housand Pesos 8Php &,/// //9 )ithout her consent2 %A ,n her desire to have a peace of mind and peace in her family, and in the hope that respondent )ould stop his violent and abusive behavior, petitioner used her retirement pay to purchase a house along the beach in (lumnos, and rented out the rooms2

4|Page

%B 0he gave one room to respondent, the rental of )hich )ould be given to respondent2 ./ 0till not contented, respondent )ould collect the rentals from the other rooms and )ould not remit the amount collected to petitioner2 .1 Respondent still continued his violent and abusive behavior He )ould get

mad and start threatening petitioner if he did not li$e the food prepared by petitioner, and he $ept ma$ing derogatory remar$s against petitioner as if this )as part of their daily meal2 .% (pprehensive of petitionerEs predicament, respondent too$ advantage by profiting from petitionerEs vulnerability and submissiveness to his behavior Respondent demanded that he and petitioner should live separately and that their con>ugal house should be sold or that he be paid one-half of its value so that he )ill move out2 .. ,n petitionerEs desire to have a peace of mind, )hich she never had since she got married to respondent, petitioner )as forced to accede to respondentEs demand Respondent insisted that the value of their con>ugal house is 5hree Hundred 5housand Pesos 8PHP .//,/// //9 and that he should be given =ne Hundred !ifty 5housand Pesos 8PHP 1:/,/// //9 as his share (fter deducting all debts respondent o)ed to petitioner, they arrived at a net amount of 0eventeen 5housand Pesos 8PHP 17,/// //9 as respondentEs share2 .& =n June %A, %/11, petitioner parted )ith her hard-earned money and paid respondent 0eventeen 5housand Pesos 8PHP 17,/// //9 so that she can have peace and security )hich respondent, her husband, had utterly failed to provide and on the contrary, had constantly threatened2 .: 5o petitionerEs great disappointment and sorro), respondent did not leave the house after she paid respondent his share thereof Respondent continued to display his violent and abusive behavior by ma$ing derogatory remar$s against petitioner, pressing his fist on petitionerEs face, brandishing a $nife in front of petitioner and at the same time telling her, ?tigu)ang, bogo, pisat $a ron, patay $a ron@2

5|Page

.' 5he above enumerated acts of abuse and violence committed by respondent against petitioner continued until petitioner sought the assistance of the office of #arangay #asa$ 0an -icolas on (ugust 17, %/11 and as$ed for a #arangay Protection =rder 8( copy of the petition is hereto attaced as ANNE7 2E492 .7 =n (ugust %1, %/11, a #arangay Protection =rder )as issued by the Honorable #arangay Captain ;eorge R Rama prohibiting respondent from committing further acts of violence and threats against petitioner ( 0econd #arangay Protection =rder )as issued on 0eptember 1, %/11 Copies of the !irst and 0econd #arangay Protection =rders are hereto attached as ANNE7ES 2F/34 an# 2F/%4, respectively2 .A 7ue to the foregoing acts of physical, psychological and economic abuses committed by the respondent against the person of the petitioner, the latter suffered e<treme emotional and physical pain, mental anguish, and serious an<iety .B Petitioner therefore, has no other recourse but to see$ the meaningful intervention of this Honorable Court to issue a *e"+orar) Prote tion Or#er under Republic (ct R ( B%'% against respondent, her husband, -apeleon ( 3angapis2 &/ Dnless protected by this Honorable Court, there is reasonable ground to believe that the respondent )ill li$e)ise inflict violence against the Petitioner, against the family or household members of the Petitioner, and for their protection, a 5emporary Protection =rder is, therefore, necessary to prevent the occurrence and recurrence of such violence2

PRA8ER
1HEREFORE, premises considered, it is most respectfully prayed of this Honorable Court to issue a *EMPORAR8 PRO*EC*ION OR5ER )hich shall contain and include the follo)ing reliefs: a9 Prohibit the herein respondent-husband -(P=*G=(

3(-;(P,0, from committing or threatening to commit physical and

6|Page

psychological acts of maltreatment and in>uries or, any $ind or form of physical violence and economic abuse against the person and dignity of petitioner as narrated above2 b) Prohibit the respondent from harassing, annoying, telephoning, contacting or other)ise communicating directly or indirectly )ith the petitioner2 c9 7irecting the respondent to stay a)ay from petitioner, her children and any household member at a distance specified by this Court, and to stay a)ay from the residence, or any specified place freFuented by the petitioner or her children2 d9 G<cluding the respondent from PetitionerEs place of residence2 e9 7irecting respondent to return to petitioner the amount of 0G4G-5GG5H=D0(-7 PG0=0 8PHP 17,/// //9, )hich petitioner )as forced to give to respondent on account of the latterEs violence, threats and intimidation2 (-7 (!5GR -=5,CG (-7 HG(R,-;, it is hereby prayed that: a PGR3(-G-5 PR=5GC5,=- =R7GR shall be issued by the Honorable Court and shall contain all the reliefs contained in paragraphs a, b, c, d, and e of the 5G3P=R(RH PR=5GC5,=- =R7GR as abovementioned2 a 7irecting the 70+7 or any appropriate agency to prepare a program of intervention for the Petitioner that provides treatment, therapy, counseling, education, training and other social services that Petitioner needs2 b 7irecting that Petitioner shall be the sole administrator of )hatever con>ugal properties the parties may have left2 c ReFuiring the respondent to receive professional counseling from agencies on anger control, management of alcohol,

7|Page

substance abuse and other forms of intervention to stop violence =ther reliefs >ust and eFuitable under the premises are li$e)ise prayed for Respectfully submitted =ctober III , %/11, Cebu City, Philippines

By:

VESMIN5 *. SAN*IAGO Counsel for the Petitioner (ttorneyEs Roll -o :AA7% ,#P -= A'/1%7, (pril 1%, %/11, 3anila P5R -o A'BA/AA, (pril %7, %/11, Cebu Capitol 3C*G Compliance: (dmitted to the #ar on (pril 1:, %/11

For
LEGAL AL*ERNA*IVES FOR 1OMEN, INC

No. 301 Corner Alcohol and Sikatuna Streets, Brgy. Zapatera, Ce u City, !hilippines

REPUBLIC OF *HE PHILIPPINES9 In t(e Cit) o! Ce:u 9 00 . / / / / / / / / / / / / /0

VERIFICA*ION ; CER*IFICA*ION OF NON/FORUM SHOPPING ,, ROSARIO VILLARO<O MANGAPIS, of legal age, married and a resident of #ac$ %&' (lumnos, #asa$, Cebu City, after having duly s)orn to in accordance )ith la), do hereby depose and state: 1 5hat , am the petitioner in the above-entitled case2

% 5hat , have caused the preparation and filing of the foregoing Petition and , have read all the allegations contained therein )hich are true and correct of my personal $no)ledge2 and,

8|Page

. 5hat , further certify that there is no pending action or proceeding involving the same issue in the 0upreme Court, Court of (ppeals, or any tribunal or agency ,f , should thereafter learn that the same or similar action is pending, , hereby underta$e to inform this Honorable Court of such fact )ithin five 8:9 days from such notice IN 1I*NESS 1HEREOF, , have hereunto set my hand this III day of =ctober, %/11 at Cebu City, Philippines

ROSARIO VILLARO<O MANGAPIS 8(ffiant9 SUBSCRIBE5 AN5 S1ORN to before me this III day of =ctober, %/11 in Cebu City, Philippines, affiant e<hibited to me her ;00 ,7, )ith , 7 number C3 - .%.&7A1, issued at Cebu City, Philippines , hereby certify that , have personally e<amined the affiant and , am satisfied that she voluntarily e<ecuted and understood the contents of the petition

9|Page