22/03/2023
SC: Abusive Mothers can be Offenders under VAWC Law; Fathers can File Case on Behalf of Abused Children |
Mothers who abuse their children can be offenders under the Anti- Violence Against Women and Their Children (VAWC) Act, and fathers can apply for remedies under the law on behalf of the abused children.
Thus ruled the Supreme Court En Banc in an 18-page Decision penned by Justice Mario V. Lopez, granting the Petition for Certiorari filed by Randy Michael Knutson on behalf of his minor daughter. The petition challenged the ruling of the Taguig City Regional Trial Court (RTC) which had dismissed Knutson’s petition under Republic Act 9262, or the VAWC Act, for the issuance of Temporary and Protection Orders against Rosalina Knutson (Rosalina), the mother of his daughter. The High Court also granted a permanent protection order in favor of the daughter.
In granting Knutson’s petition, the Supreme Court ruled that while the VAWC Act excludes men as victims, this does not mean the law denies a father of its remedies solely because of his gender or the fact that he is not a “woman victim of violence.”
The Court held that Section 9(b) of the VAWC Act explicitly allows “parents or guardians of the offended party” to file a petition for protection orders. This provision was further incorporated in the law’s implementing rules as well as in A.M. No. 04-10-11-SC or the Rule on Violence Against Women and Children, the Court said.
The Court further explained that the law speaks in clear language when it used the word “parents” pertaining to the father and the mother of the woman or child victim. The law did not qualify on who between the parents of the victim may apply for protection orders, held the Court.
Read more at https://sc.judiciary.gov.ph/32979/. Read the Decision in full at https://sc.judiciary.gov.ph/32898/. The following Separate Dissenting and Concurring Opinions may be found at:
-Chief Justice Alexander G. Gesmundo’s Separate Dissenting Opinion: https://sc.judiciary.gov.ph/32920/
-Senior Associate Justice Marvic M.V.F. Leonen’s Separate Opinion: https://sc.judiciary.gov.ph/32916/
-Associate Justice Benjamin S. Caguioa’s Dissenting Opinion: https://sc.judiciary.gov.ph/32923/
-Associate Justice Amy C. Lazaro-Javier’s Concurring Opinion: https://sc.judiciary.gov.ph/32926/
-Associate Justice Rodil V. Zalameda’s Dissenting Opinion: https://sc.judiciary.gov.ph/32930/
-Associate Justice Maria Filomena D. Singh’s Dissenting Opinion: https://sc.judiciary.gov.ph/32934/