Solaiman, Amira I.

B.S. Legal Management-III

Law 215-A
February 7, 2016
HUMAN RIGHTS ISSUE:
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
It encompasses verbal abuse, intimidation, physical harassment, homicide, sexual assault,
and rape of women and their children in particular. This form of violence is gender-biased.
Violence occurs precisely because of their gender, specifically because the victims are women.
The Philippines has a special law addressing this kind of human rights issue embodied in the
statue Republic Act 9262 otherwise known as the Anti-Violence against Women and their
Children Act of 2004 Despite the law, the cases on VAWC in the country is still on the rise. The
Commission on Womens Rights recorded a 92% increase in the cases filed from 2010 in
comparison to 2015 data. Undeniably, the issue is still a compelling one and more efforts have to
be made in effectively combatting it.
SAMPLE CASE:
Sharica Mari L. Go-Tan vs Perfecto C. Tan and Juanita L. Tan
GR No 168852, September 30, 2008

FACTS:
On April 1999, Steven and Sharica were married.
Their union bore two children Kyra Danielle & Kristen Denise, children
Sharica filed a Petition for Temporary Protective Order (TPO) against
Steven, Perfecto and Juanita before the RTC.

 They were causing verbal, psychological and economic abuses upon her in violation of
R.A. 9262
Perfecto and Juanita filed a Motion to Dismiss with Opposition to the Issuance of
Permanent Protection Order Ad Cautelam and Comment on the Petition, contending that
the RTC lacked jurisdiction over their persons since, as parents-in-law of the petitioner,
they were not covered by R.A. No. 9262.
Sharica filed a Comment on Opposition to respondents' Motion to Dismiss arguing that
respondents were covered by R.A. No. 9262 under a liberal interpretation thereof aimed
at promoting the protection and safety of victims of violence.
Sharica filed her Verified Motion for Reconsideration contending that the doctrine of
necessary implication should be applied in the broader interests of substantial justice and
due process.
RTC issued a Resolution denying petitioner's Verified Motion for Reconsideration.
Because to include respondents under the coverage of R.A. No. 9262 would be a strained
interpretation of the provisions of the law.
ISSUE:

Whether or not respondents-spouses, Perfecto and Juanita, parents-in-law of Sharica, may

be included in the petition for the issuance of a protective order, in accordance with RA
9262.

HELD:
The Supreme Court ruled in favor of the petitioner. While the provisions of RA 9262 provides
that the offender be related or connected to the victim by marriage, former marriage, or a sexual

or dating relationship, it does not preclude the application of the principle of conspiracy under
the RPC.
SEC. 47. Suppletory Application. - For purposes of this Act, the Revised Penal Code and
other applicable laws, shall have suppletory application. (Emphasis supplied)
SEC. 5. Acts of Violence Against Women and Their Children. - The crime of violence
against women and their children is committed through any of the following acts:
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or causes substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited to, the following acts:

Finally, Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus:
SEC. 4. Construction. - This Act shall be liberally construed to promote the protection
and safety of victims of violence against women and their children. (Emphasis supplied)
Considering the Court's ruling that the principle of conspiracy may be applied suppletorily to
R.A. No. 9262, the Court will no longer delve on whether respondents may be considered
indispensable or necessary parties. To do so would be an exercise in superfluity.

UDHR Provisions In Relation To The Case:

Art. 1- All human beings are born free and equal in dignity and rights.
Art. 8- Right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.
Art. 25- Motherhood and childhood are entitled to special care and assistance.