G.R. No. 122274 - Llenes vs. Dicdican

Petitioner Ralph P. Tua and Respondent Rossana Honrado-Tua were married on January 10, 1998 in Makati City.
The parties have three minor children: Joshua Raphael (born February 9, 1999), Jesse Ruth Lois (born June 27, 2000), and Jezreel Abigail (born December 25, 2001).
On May 20, 2005, Respondent filed a Verified Petition for herself and on behalf of her minor children for issuance of a protection order under Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of 2004) with the Regional Trial Court (RTC), Imus, Cavite, docketed as Civil Case No. 0464-05 and raffled to Branch 22.

Respondent alleged repeated abusive conduct by Petitioner, including threats to cause physical harm to control her actions or decisions.
Respondent alleged that Petitioner deprived her of custody and access to their minor children and threatened deprivation of financial support.
Affidavit allegations included that Petitioner cocked a gun and pointed the barrel to his head to dissuade Respondent from pursuing legal separation.
Affidavit allegations included that Petitioner fed one child fried chicken that another child had chewed and spat out.
Affidavit allegations included that Petitioner repeatedly threatened a crying child with a belt to stop him from crying.
Affidavit allegations included that Petitioner grabbed Respondent by the nape, shoved her to lie flat on the bed, and threatened to withhold financial support when told to stay away.
Affidavit allegations included that on May 4, 2005 Petitioner and companions forcibly took the children from Respondent’s home and refused to return them.

On May 23, 2005, the RTC issued a Temporary Protection Order (TPO) effective for thirty days ordering, inter alia, that Petitioner desist from committing or threatening physical, verbal, and emotional harm; refrain from contacting Respondent; stay 100 meters away from Respondent and family; and deliver temporary custody of the three minor children to Respondent pending determination of a Permanent Protection Order.

In his Comment to the Petition with Urgent Motion to Lift TPO, Petitioner denied the allegations and asserted he had maintained a separate abode since November 2004.
Petitioner alleged Respondent verbally abused him and stayed with one Rebendor Zuniga contrary to moral propriety.
Petitioner contended Respondent violated an agreement concerning the children’s residency and alleged Respondent was unfit for custody.
Petitioner asserted the issuance of the TPO violated due process and was unconstitutional.
Without awaiting resolution of his Comment, Petitioner filed a petition for certiorari with the Court of Appeals (CA) assaili...(Subscriber-Only)

Whether the CA gravely erred in finding that the RTC did not commit grave abuse of discretion in issuing the May 23, 2005 TPO without observing due process of law and basic human rights.
Whether the CA erred in refusing to rule on the constitutionality of RA 9262 and whether such constitutionality is the *lis mota* of the case.

Whether Section 15 of RA 9262 permitting ex parte issuance of TPOs violates procedural due process.
Whether Section 14 of RA 9262 effecting Barangay Protection Orders constitutes an invali...(Subscriber-Only)