Republic of the Philippines

Supreme Court of the Philippines

REGIONAL TRIAL COURT
Branch
Cabadbaran City
IN RE: PETITION FOR THE ISSUANCE
OF A TEMPORARY PROTECTION
ORDER AND PERMANENT
PROTECTION ORDER
_____________________
Petitioner,

SP PROC NO. ___________

-versus_____________________
Respondent.
x-------------------------------------/

MOTION TO LIFT UP THE TEMPORARY PROTECTION ORDER WITH

RESPECT TO THE TURN OVER OF THE FORD EVEREST VEHICLE AND
THE WITHHOLDING OF THE KEY FOR PROPER COURT CUSTODY

Respondent, through counsel, unto this Honorable Court, most

respectfully moves for the Lifting Up of the Temporary Protection Order with
respect to the Turn-Over of the Ford Everest Vehicle and the Withholding of
the Key (both Original and Duplicate) for Court Custody and avers as
follows:
1. This Honorable Court issued a Temporary Protection Order dated
January 11, 2016 ordering among others as follows:

Premises considered, A Temporary Protection Order

(TPO) is hereby issued as thus:
Xxx
(c) He is ordered to turn-over the vehicle, Ford Everest
2012 model to the petitioner; and
Xxx

2. That respondent by virtue of the above-mentioned order filed a Motion

for Reconsideration with Motion for Clarificatory on the ground that
said Ford Everest 2012 model is not in the possession of the
respondent. What the respondent possess is a 2009 and 2015 models
and also to clarify as to the reason on why plaintiff wants to possess
said unit because as far as respondent knew, she was very insistent in
possessing it even before the filing of said petition.
3. Since the purpose of the TPO is to safeguard the offended parties from
further harm, minimize any disruption in their daily life and facilitate
the opportunity and ability to regain control of their life and to ensure
that the victim or offended party is afforded all the remedies necessary
to curtail access by the perpetrator to the victim, the same had
already become moot and academic because respondent already
returned back in Qatar just today. The purpose of curtailing access by
the perpetrator has become moot thus respondent pleads unto this
Honorable Court to lift up its order with respect to the surrender of the
vehicle.
4. Assuming that what really plaintiff means is the Ford Everest 2009, the
same is registered in respondents name. Said vehicle is owned by the
respondent alone because the money spent on these vehicle, came
from him and not a single centavo was ever contributed by the
plaintiff. This Ford Everest 2009 model was obtained by the respondent
through a salary loan from his employer, _____________ in the

amount of NINE THOUSAND NINE HUNDRED BAHRAIN DINARS

(BD 9,900) or equivalent to Php 1,188,000.00 at that time. The
same was never donated nor was given to the plaintiff.
Copies the Official Receipt and the Certificate of Registration of said
vehicle is herein attached as Annex A.
Copy of the documents evidencing a loan is herein attached as Annex
B.
5. It is worthy to mention that plaintiff and respondent are live-in
partners only with no benefits of marriage.
6. Assuming that plaintiff has a claim over said vehicle on the ground that
she is also one of the co-owners thereof or was donated to her by the
respondent, plaintiff has still to prove her claim before the court. But
in the meantime, respondent should not be deprived of its possession
because said vehicle is registered in his name. Until proven otherwise,
thats the time that plaintiff can claim co-ownership or ownership
thereof. Because mere allegation without proof is not equivalent to
evidence.
7. Furthermore, respondent received an information that the keys of Ford
Everest 2009 is in the possession of this Honorable Court through
Process Server __________. Respondent pleads that said key shall be
held in court custody on the ground that said item is the subject of the
crime/complaint filed by _____________ which is now pending
before

the

Honorable

Office

of

the

Barangay

Captain

in

_____________ City.

WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that the Temporary Protection Order dated 11 January 2016

with respect to the Turn-Over of the Ford Everest Vehicle be lifted up and the
Key (both Original and Duplicate) which is in the possession of Process
Server Jay Galon be held for Proper Court Custody in the interest of
paramount justice.
Butuan City, 15 January 2016.

Copy Furnished: