CASE DIGEST
Knutson v.
Sarmiento-Flores
G.R. No. 239215, [July 12, 2022]
EN BANC, LOPEZ, M.V
VAWC Law; Father can
apply for protection orders; Mothers can be offenders under RA 9262
It is the legislative intent of RA 9262 to
protect both women and children from violence, and the use of the
gender-neutral term "person" in the law includes offenders of either
sex. RA
No. 9262 covers a situation where the mother committed violent and abusive acts
against her own child.
In 2005, Randy Michael Knutson (Randy), an American citizen, married Rosalina Sibal Knutson (Rosalina) in Singapore, and they had a daughter named Rhuby Sibal Knutson (Rhuby). Randy and Rosalina became estranged after he discovered her extra-marital affairs, but Randy supported Rosalina and Rhuby.
Rosalina got hooked in casinos and incurred large debts from casino financiers prompting her to sell the house and lot, condominium unit, and vehicles that Randy provided for the family. Rosalina rented an apartment and got herself a boyfriend. Randy advised Rosalina to be discreet in her illicit affairs because it is not good for Rhuby to see her mother with another man. Randy discovered later that Rosalina hurt Rhuby by pulling her hair, slapping her face and knocking her head. One time, Rosalina pointed a knife at Rhuby and threatened to kill her. Rosalina even texted Randy about her plan to kill their daughter and commit suicide. The neighbors of Rosalina complained about noisy parties and pot sessions in her apartment. The lessor even terminated the lease after marijuana plants were confiscated in the premise. Randy reported these incidents to the police, but no assistance was provided for domestic issues.
On December 7, 2017, Randy, on behalf
of minor Rhuby, filed against Rosalina a petition under RA No. 9262 for the
issuance of Temporary and Permanent Protection Orders before the RTC. Randy
averred that Rosalina placed Rhuby in a harmful environment deleterious to her
physical, emotional, moral, and psychological development. The Regional Trial Court (RTC)
dismissed Randy's petition for protection and custody orders under RA No. 9262,
reasoning that the law did not cover a situation where a mother committed
violence against her child.
Whether the father can avail remedies
under RA No. 9262, on behalf of his minor child, against the mother's violent
and abusive acts.
YES.
The law criminalizes acts of violence against women and their children
perpetrated by women’s intimate partners, i.e., husband; former husband; or any
person who has or had sexual or dating relationship with the woman, or with
whom the woman has a common child. However, the Court in Garcia emphasized that
the law does not single out the husband or father as the culprit. The statute
used the gender-neutral word “person” as the offender which embraces any person
of either sex. Logically, a mother who maltreated her child
resulting in physical, sexual, or psychological violence defined and penalized
under RA No. 9262 is not absolved from criminal liability notwithstanding that
the measure is intended to protect both women and their children.
RA No. 9262 allows the father of the offended party
to apply for protection and custody orders. In Garcia vs. Drilon, Section 9(b)
of RA No. 9262 explicitly allows “parents or guardians of the offended party”
to file a petition for protection orders. The statute categorically used the
word “parents” which pertains to the father and the mother of the woman or
child victim. There is no question that the offended party is Rhuby, a minor
child, who allegedly experienced violence and abuse. Thus, Randy may assist
Rhuby in filing the petition as the parent of the offended party.
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