Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch ______
Alabel, Sarangani Province

PETITION FOR THE ISSUANCE OF PPO CASE NO. _______

PERMANENT PROTECTION ORDER
UNDER REP. ACT NO. 9262

AIREEN S. EULLARAN,
Petitioner,
-versus-

FERNAN J. EULLARAN
Respondent.
x=======================x

PETITION

PETITIONER, through counsel from Public Attorney’s Office,

and unto this Honorable Court, most respectfully avers, THAT;

1. Petitioner AIREEN S. EULLARAN is twenty five

(25) years old, married, Filipino, resident of Purok
Malinawon, Lun Padidu, Malapatan, Sarangani Province,
where summons and other court processes can be
served, while respondent FERNAN J. EULLARAN, is a
resident of Purok Malinawon, Lun Padidu, Malapatan,
Sarangani Province, where summons and other court
processes can likewise be served to him;

2. Sometime in 2009, Petitioner and complainant

entered into a dating relationship. They were both minors
when herein petitioner was impregnated by respondent.
Petitioner gave birth to her eldest son Renie Jay S.
Eullaran on 24 March 2011. However, due to the
objection of the petitioner’s mother, petitioner and her
child remained under the custody of her parents;

PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
Page 1 of 7
 3. However, after six (6) months, respondent
and petitioner accidentally met and rekindled their love
for each other. Then, respondent formally asked for the
hand of petitioner from her parents. From then on, both
petitioner and respondent, with the blessing from their
parents, decided to live together at Lun Padidu,
Malapatan, Sarangani Province. On 28 October 2012,
petitioner and respondent were blessed with another child
in the name of Patrick John S. Eullaran;

4. On 28 December 2013, petitioner and

respondent decided to get married. They were married at
Alabel, Sarangani Province;

5. A few months after their marriage, petitioner

started to experience physical abuse from her husband -
herein respondent. Petitioner vividly remembers each day
when respondent would come home drunk and would hit
and kick for no good or apparent reason. At first,
petitioner thought that actuations of the respondent were
due to his pressures from work as a Multicab driver.
However, as the days, weeks and months have passed,
the emotional abuse gradually became more intense, and
then the physical abuse set in;

6. On August 2014, petitioner and her two

children accompanied respondent in his regular trip.
While riding, petitioner uploaded some of their wedding
pictures in facebook, when herein respondent suddenly
got mad at her. Petitioner explained to respondent that
she was only uploading photos, but her explanation fell
on deaf ears and respondent speedily operated the
vehicle to the shock and fear of petitioner and her
children. Not satisfied, respondent intentionally bumped
the said vehicle at a large tree along the highway of
Alabel Capitol Complex, Sarangani Province, causing panic
to herein petitioner. Thus, out of fear, petitioner stepped
outside of the said vehicle while carrying his two children
and immediately rode a motor or “habal-habal” towards
their home;

7. Respondent and Petitioner arrived at their

house at the same time, and still angry, respondent
attempted to run over petitioner. In the act of avoiding

PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
Page 2 of 7
 respondent’s attempt to run-over her, petitioner crossed
the left side of the street and she and her children were
thrown in the process. Respondent arose from the vehicle
and attempted to punch petitioner and forcibly grabbed
petitioner by her arms. Opportunely, respondent was
pacified by his father. The next day, petitioner reported
the incident to the Police Station and filed a complaint
against herein respondent at the Barangay;

8. During Barangay conciliation and mediation

proceeding, respondent begged petitioner to forgive him.
Thus, out of pity and for the sake of maintaining the
sanctity and peace of their family life, petitioner decided
to forgive respondent. Both parties signed a “kasabutan”
or an agreement to that effect; (To prove the fact of the
foregoing, attached herewith and marked as Annex “A” is the
“kasabutan” executed by the parties before the Lupong
Pangkat)

9. On one unfortunate event of 13 May 2015,

the second child (Patrick John S. Eullaran) of petitioner
with respondent was sideswiped by a car driven by the
respondent’s father. Patrick was rushed to the St.
Elizabeth Hospital, but did not survive;

10. After the said incident, both respondent and

petitioner tried to continue living together despite the
unfortunate turn of events in their lives. Again, they were
blessed with another child in the name of Luijie S.
Eullaran. However, respondent started with his cycle of
violence directed against herein petitioner. Respondent
would normally come home late at night and drunk.
Petitioner on the other hand would spend the entire night
worrying with the whereabouts of his husband. When
respondent would arrive home late at night and drunk, he
would routinely act in an unruly manner and would hit
and kick petitioner at his pleasure;

11. Petitioner cries at night whenever it hits her

hard that she married an abusive man who had a severe
drinking problem. Notwithstanding this, petitioner
endured everything, until their marital problem became a
fracas when herein respondent kept a mistress and
engaged in extra-marital affairs;

PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
Page 3 of 7
 12. Petitioner confronted respondent about this to
which the latter admitted his extra-marital affair with
another woman. Though at fault, Respondent arrogantly
demanded petitioner to leave the house, thus petitioner
together with her children left home and proceeded to
her relative’s house. From then on, herein petitioner and
her children lived on their own without any financial
support from respondent;

13. In order to keep her peace of mind and start

a new life, petitioner finally decided to live separately
from respondent. However, respondent started to harass
her. Whenever respondent would see petitioner in public
places, the former would harass her by forcibly grabbing
her. On 25 January 2019, when petitioner together with
her children visited her Aunt in Lun Padidu, Alabel,
Sarangani Province, she was unaware that respondent
was already stalking and following her. Petitioner passed
by at her old house at Lun Padidu and upon learning that
her husband, herein respondent, was not inside the
house, she entered and checked the things she left
therein. Unknown to her, her husband have been secretly
following her and to her surprise, respondent suddenly
grabbed and pulled her to the innermost portion of the
house. Petitioner tried to ran away, but to no avail as she
was overpowered by herein respondent. Respondent
throttled petitioner with his bare hands, while petitioner
miserably shouted for help from her Aunt. Her Aunt and
eldest son rescued her and in the process the minor child
was injured and wounded in his arms. With the help of
her Aunt, petitioner was able to escape from respondent
and they immediately proceeded to her parent’s house;
(To prove the fact of the foregoing, attached herewith and
marked as Annex “B” is the Extract Blotter Report issued by
the Office of the Punong Barangay of Lun Padidu where the
aforementioned incident was docketed to the Barangay VAWC
Book.)

14. Petitioner reported the incident to the Punong

Barangay of Lun Padidu and applied for a Barangay
Protection Order (BPO). For causing physical harm to
herein petitioner and to her children, and for the
commission of acts of harassment and violence, a BPO
was issued in favor of herein petitioner on 30 January
2019; (To prove the fact of the foregoing, attached herewith
PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
Page 4 of 7
 and marked as Annexes “C” and “D” are the Application for
Barangay Protection Order and the Barangay Protection
Order issued in favor of herein petitioner Aireen S. Eullaran,
issued on 30 January 2019, in Barangay Lun Padidu,
Malapatan, Sarangani Province.)

15. Again, on 28 February 2019, at 12:30 in the

afternoon, while petitioner was eating in a restaurant
located in Alabel, Sarangani Province, herein respondent
saw the former. Respondent who was drunk at that time,
violently approached petitioner and forcibly grabbed and
pulled her towards the multicab that respondent is
operating. Petitioner resisted, but to no avail. Fortunately,
with the help of her friends and the people surrounding
the area, respondent was prevented from further
harassing her;

16. Thus, in order to prevent further acts of

violence against herein petitioner and her children, and to
abate any disruption in the petitioner's daily life, and
facilitating the opportunity and ability of herein petitioner
to independently regain control over her life, she decided
to file this instant case for application of Permanent
Protection Order against herein respondent.

PRAYER

WHEREFORE, it is most respectfully prayed that the Honorable

Court shall issue an Order:

1. Prohibiting respondent from threatening to

commit or committing, personally or through another,
physical harm to herein petitioner and her children;

2. Prohibiting herein respondent from harassing,

annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;

3. 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
PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
Page 5 of 7
 court shall direct a law enforcement agent to accompany
the respondent in gathering his things and escort
respondent from the residence;

4. Directing the respondent to stay away from

petitioner, her children and 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, her children and any designated family or
household member;

5. Directing the respondent to provide support to

his children with herein petitioner;

Alabel, Sarangani Province, 25 March 2019.

RESPECTFULLY SUBMITTED:

PUBLIC ATTORNEY’S OFFICE

Department of Justice
Sarangani District Office
Alabel, Sarangani Province

NESTONI M. SENARILLOS
Public Attorney I
Roll of Attorney No. 67653
PTR exempt under Section 139 (d) of R.A. 7160
MCLE Compliance Exempt per OCA Cir. No. 76-2008

NOTED BY:

SALVADOR G. TALAMAYAN
District Public Attorney
Roll N0. 43509
IBP OR N0. 894037-01-03-2017
MCLE Comp. N0. V-0023880-27 Sep 16
Email add : paosarangani@gmail.com
09274851104

PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
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Republic of the Philippines )
Municipality of Alabel )
Sarangani Province ) s.c.
x-------------------------------------x

VERIFICATION AND CERTIFICATION

AGAINST FORUM SHOPPING

I, AIREEN S. EULLARAN, of legal age, Filipino, and a resident

of Purok Malinawon, Lun Padidu, Malapatan, Sarangani Province,
after having been duly sworn to in accordance with law, do hereby
depose and say:

1. I am the Petitioner in the above-captioned case;

2. I have caused the preparation and filing of the foregoing

Petition and that I have read the same and that all the material
allegations therein are true and correct based on my own personal
knowledge and based on the authenticity/veracity of the documents
which are hereto attached and are in my custody and possession;

3. I have not heretofore commenced any action involving

the same or identical issues raised herein either before the Supreme
Court, the Court of Appeals, the regular courts or before any other
administrative or quasi-judicial bodies; that to the best of my
knowledge there are no other action pending therein; and that I
hereby undertake to inform this Honorable Court in case a similar
case is filed within five (5) days from receipt of such information.

IN WITNESS WHEREOF, I have hereunto set my hand this

th
25 day of March 2019 at Alabel, Sarangani Province, Philippines.

AIREEN S. EULLARAN
Affiant
I.D. No. ___________

SUBSCRIBED AND SWORN TO BEFORE ME this 25th day of

March 2019 in Alabel, Sarangani Province, Philippines. Affiant
exhibited to me her abovementioned competent proof of
identification, known to me to be the same person who executed the
foregoing instrument and acknowledged to be his own free act and
voluntary deed.

PETITION FOR THE ISSUANCE OF PERMANENT PROTECTION ORDER UNDER REP. ACT NO. 9262,
AIREEN S. EULLARAN vs. FERNAN J. EULLARAN
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