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The petition may be filed by the aggrieved party or by RTCreturnable before such court or judge
any qualified person or entity in the following order:
Returnable before such court or any justice
Any member of the immediate family, namely: thereof; or
i. Spouse SB/CA To any RTC of the place where the threat, act or
ii. Children omission was committed or any of its
iii. Parents of the aggrieved party elements occurred
Any ascendant, descendant or collateral relative Returnable before such court or any of its
of the aggrieved party within the 4th civil degree of justices;
consanguinity or affinity, in default of those mentioned SC Before the SB or CA or any of their justices; or
above; or To any RTC of the place where the threat, act or
omission was committed or any of its
Any concerned citizen, organization, association, elements occurred
or institution, if there is no known member of the
immediate family or relative of the aggrieved party. Hearing on the Petition
The hearing shall be summary in nature.
The filing of a petition by the aggrieved party However, the court, justice or judge may call for a
suspends the right of all other authorized parties to file preliminary conference to clarify or simplify some issues
similar petitions. Likewise, the filing of the petition by an and determine
authorized party on behalf of the aggrieved party the possibility of obtaining stipulations and admissions
suspends the rights of all others, observing the order from the parties.
established by the law.
Available Interim Reliefs:
Where can be filed?
1. Temporary Protection Order - upon motion
The petition may be filed on any day at any time with or motu proprio, the court, justice or judge
the: may order that the petitioner or the
aggrieved party and any member of the
RTC of the place where the threat, act or immediate family be protected in a
omission was committed or any of its government agency or by an accredited
elements occurred; person or private institution capable of
Sandiganbayan keeping and securing their safety
2. Inspection Order - issued to any person in Rule shall continue to apply to thedisposition of the
possession or control of a designated land or reliefs in the petition.
other property, to permit entry for the
purpose of inspecting, measuring, surveying, DECLARATION OF PRINCIPLES AND STATE POLICIES
or photographing the property or any Sec. 1, Article II
relevant object or operation thereon. The The Philippines is a democratic and republican State.
movant must show that the order is Sovereignty resides in the eople and all government
necessary to establish the right of the authority emanates from them.
aggrieved party alleged to be threatened or (Relate this to Article XI)
violated. It expires five (5) days after date of
its issuance, unless extended for justifiable
reasons.