SECOND DIVISION
[G.R. No. 240017. March 11, 2019.]
KAREN V. BATUNGBACAL, petitioner, vs.MARIO CARLO P. NEPOMUCENO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 March 2019 which reads as follows:
"G.R. No. 240017 (Karen V. Batungbacal v. Mario Carlo P. Nepomuceno)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the February 2, 2018 Decision 2 and the June 6, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 153447 for failure of petitioner Karen V. Batungbacal (petitioner) to sufficiently show that the CA committed any reversible error in affirming the Regional Trial Court (RTC) of Quezon City, Branch 84's denial 4 of her demurrer to evidence. 5
As correctly ruled by the CA, respondent Mario Carlo P. Nepomuceno (respondent) was able to establish a prima facie case for indirect contempt against petitioner, there being sufficient evidence to prove that the latter violated the visitation order 6 issued by the RTC of Quezon City, Branch 107 when she denied respondent access to their son on several occasions. 7 As such, the onus is on petitioner to prove that she did not deliberately nor willfully violate said visitation order. Moreover, the issuance of the Permanent Protection Order 8 against respondent is of no moment, considering that the alleged contumacious acts complained of transpired before such issuance. 9
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo (Vol. I), pp. 15-50.
2.Id. at 55-67. Penned by Associate Justice Marlene R. Gonzales-Sison with Associate Justices Ramon Paul L. Hernando (now a member of this Court) and Maria Filomena D. Singh, concurring.
3.Id. at 69-70.
4. See Order dated April 21, 2017, signed by Presiding Judge Luisito G. Cortez; id. at 879-885.
5. Titled as "Demurrer to Evidence/Motion to Dismiss" dated December 9, 2016; id. at 111-128.
6. Dated April 24, 2008, signed by Pairing Judge Angelene Mary W. Quimpo-Sale; id. at 569-570.
7. See id. at 63-64.
8. See Decision dated January 13, 2011, issued by Presiding Judge Rico Sebastian D. Liwanag; id. at 731-732. See also id. at 58.
9. See id. at 64.