736 Phil. 397
VILLARAMA, JR., J.:
Finding the herein petition for the Issuance of Protection Order to be sufficient in form and substance and to prevent great and irreparable injury to the petitioner, a TEMPORARY PROTECTION ORDER is forthwith issued to respondent, S/SGT. CHARLES A. YAHON directing him to do the following acts:
The Local Police Officers and the Barangay Officials through the Chairman in the area where the petitioner and respondent live at Poblacion, Claveria, Misamis Oriental and Bobuntogan, Jasaan, Misamis Oriental are directed to respond to any request for assistance from the petitioner for the implementation of this order. They are also directed to accompany the petitioner to their conjugal abode at Purok 2, Bobuntogan, Jasaan, Misamis Oriental to get her personal belongings in order to insure the safety of the petitioner.
- Respondent is enjoined from threatening to commit or committing further acts of physical abuse and violence against the petitioner;
- To stay away at a distance of at least 500 meters from petitioner, her residence or her place of work;
- To refrain from harassing, annoying, intimidating, contacting or communicating with petitioner;
- Respondent is prohibited from using or possessing any firearm or deadly weapon on occasions not related to his job;
- To provide reasonable financial spousal support to the petitioner.
The Deputy Sheriff of this Court is ordered to immediately serve the Temporary Protection Order (TPO) upon the respondent personally and to seek and obtain the assistance of law enforcement agents, if needed, for purposes of effecting the smooth implementation of this order.
In the meantime, let copy of this order and petition be served upon the respondent for him to file an OPPOSITION within a period of five (5) days from receipt hereof and let a Preliminary Conference and hearing on the merits be set on October 17, 2006 at 2:00 o’clock in the afternoon.
To insure that petitioner can receive a fair share of respondent’s retirement and other benefits, the following agencies thru their heads are directed to WITHHOLD any retirement, pension and other benefits of respondent, S/SGT. CHARLES A. YAHON, a member of the Armed Forces of the Philippines assigned at 4ID, Camp Evangelista, Patag, Cagayan de Oro City until further orders from the court:
VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.
- Commanding General/Officer of the Finance Center of the Armed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City;
- The Management of RSBS, Camp Emilio Aguinaldo, Quezon City;
- The Regional Manager of PAG-IBIG, Mortola St., Cagayan de Oro City.
IF THE RESPONDENT APPEARS WITHOUT COUNSEL ON THE DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON THE MERITS OF THE ISSUANCE OF A PERMANENT PROTECTION ORDER, THE COURT SHALL NOT RESCHEDULE OR POSTPONE THE PRELIMINARY CONFERENCE AND HEARING BUT SHALL APPOINT A LAWYER FOR THE RESPONDENT AND IMMEDIATELY PROCEED WITH THE SAID HEARING.
IF THE RESPONDENT FAILS TO APPEAR ON THE DATE OF THE PRELIMINARY CONFERENCE AND HEARING ON THE MERITS DESPITE PROPER NOTICE, THE COURT SHALL ALLOW EX-PARTE PRESENTATION OF EVIDENCE BY THE PETITIONER AND RENDER JUDGMENT ON THE BASIS OF THE PLEADINGS AND EVIDENCE ON RECORD. NO DELEGATION OF THE RECEPTION OF EVIDENCE SHALL BE ALLOWED.
SO ORDERED. (Emphasis supplied.)
After careful review and scrutiny of the evidence presented in this case, this court finds that there is a need to permanently protect the applicant, Daisy R. Yahon from further acts of violence that might be committed by respondent against her. Evidences showed that respondent who was a member of the Armed Forces of the Philippines assigned at the Headquarters 4ID Camp Evangelista, Cagayan de Oro City had been repeatedly inflicting physical, verbal, emotional and economic abuse and violence upon the petitioner. Respondent in several instances had slapped, mauled and punched petitioner causing her physical harm. Exhibits G and D are medical certificates showing physical injuries suffered by petitioner inflicted by the respondent at instances of their marital altercations. Respondent at the height of his anger often poked a gun on petitioner and threatened to massacre her and her child causing them to flee for their lives and sought refuge from other people. He had demanded sex from petitioner at an unreasonable time when she was sick and chilling and when refused poked a gun at her. Several police blotters were offered as evidence by petitioner documenting the incidents when she was subjected to respondent’s ill temper and ill treatment. Verbally, petitioner was not spared from respondent’s abuses by shouting at her that he was wishing she would die and he would celebrate if it happens and by calling and sending her threatening text messages. These incidents had caused petitioner great psychological trauma causing her [to] fear for her life and these forced her to seek refuge from the court for protection. Economically, petitioner was also deprived by respondent of her spousal support despite order of the court directing him to give a monthly support of Php4,000.00. In view of the foregoing, this court finds a need to protect the life of the petitioner not only physically but also emotionally and psychologically.
Based on the evidence presented, both oral and documentary, and there being no controverting evidence presented by respondent, this Court finds that the applicant has established her case by preponderance of evidence.
WHEREFORE, premises considered, judgment is hereby rendered GRANTING the petition, thus, pursuant to Sec. 30 of A.M. No. 04-10-1-SC, let a PERMANENT PROTECTION ORDER be issued immediately and respondent, S/Sgt. CHARLES A. YAHON is ordered to give to petitioner, DAISY R. YAHON the amount of FOUR THOUSAND PESOS (Php4,000.00) per month by way of spousal support.
Pursuant to the order of the court dated February 6, 2007, respondent, S/Sgt. Charles A. Yahon is directed to give it to petitioner 50% of whatever retirement benefits and other claims that may be due or released to him from the government and the said share of petitioner shall be automatically deducted from respondent’s benefits and claims and be given directly to the petitioner, Daisy R. Yahon.
Let copy of this decision be sent to the Commanding General/Officer of Finance Center of the Armed Forces of the Philippines, Camp Emilio Aguinaldo, Quezon City; the Management of RSBS, Camp Emilio Aguinaldo, Quezon City and the Regional Manager of PAG-IBIG, Mortola St., Cagayan de Oro City for their guidance and strict compliance.
SO ORDERED. (Emphasis supplied.)
Upon perusal of the respective pleadings filed by the parties, the Court finds meritorious private respondent’s application for the issuance of an injunctive relief. While the 36-month lump sum retirement benefits of S/Sgt. Charles A. Yahon has already been given to him, yet as admitted by petitioner itself, the monthly pension after the mentioned retirement benefits has not yet been released to him. It appears that the release of such pension could render ineffectual the eventual ruling of the Court in this Petition.
IN VIEW OF THE FOREGOING, let a WRIT OF PRELIMINARY INJUNCTION issue enjoining the Armed Forces of the Philippines Finance Center, its employees, agents, representatives, and any all persons acting on its behalf, from releasing the remaining pension that may be due to S/Sgt. Charles A. Yahon.
(a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent to the residence, remain there until respondent has gathered his things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and any designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;
(e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the 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 legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause 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 weapon and 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 a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, child care expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide petitioner temporary shelter and other social services that the petitioner may need; and
(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief. (Emphasis supplied.)
Section 31. The benefits authorized under this Decree, except as provided herein, shall not be subject to attachment, garnishment, levy, execution or any tax whatsoever; neither shall they be assigned, ceded, or conveyed to any third person: Provided, That if a retired or separated officer or enlisted man who is entitled to any benefit under this Decree has unsettled money and/or property accountabilities incurred while in the active service, not more than fifty per centum of the pension gratuity or other payment due such officer or enlisted man or his survivors under this Decree may be withheld and be applied to settle such accountabilities. (Emphasis supplied.)
SEC. 39. Exemption from Tax, Legal Process and Lien -- x x x
x x x x
The funds and/or the properties referred to herein as well as the benefits, sums or monies corresponding to the benefits under this Act shall be exempt from attachment, garnishment, execution, levy or other processes issued by the courts, quasi-judicial agencies or administrative bodies including Commission on Audit (COA) disallowances and from all financial obligations of the members, including his pecuniary accountability arising from or caused or occasioned by his exercise or performance of his official functions or duties, or incurred relative to or in connection with his position or work except when his monetary liability, contractual or otherwise, is in favor of the GSIS.
SEC. 13. Property exempt from execution. – Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution:
x x x x
(l) The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government; (Emphasis supplied.)
A rule, which has never been seriously questioned, is that money in the hands of public officers, although it may be due government employees, is not liable to the creditors of these employees in the process of garnishment. One reason is, that the State, by virtue of its sovereignty may not be sued in its own courts except by express authorization by the Legislature, and to subject its officers to garnishment would be to permit indirectly what is prohibited directly. Another reason is that moneys sought to be garnished, as long as they remain in the hands of the disbursing officer of the Government, belong to the latter, although the defendant in garnishment may be entitled to a specific portion thereof. And still another reason which covers both of the foregoing is that every consideration of public policy forbids it.
The distinction between men and women is germane to the purpose of R.A. 9262, which is to address violence committed against women and children, spelled out in its Declaration of Policy, as follows:SEC. 2. Declaration of Policy. – It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.
Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.
D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely controlling the conjugal money or properties.