In a precedent-setting decision, the Supreme Court (SC) has ruled that fathers can seek protection and custody orders before the courts against mothers who abuse their children in violation of the Anti-Violence Against Women and their Children (VAWC) law.
In a precedent-setting decision, the Supreme Court has ruled that fathers can seek protection and custody orders before the courts against mothers who abuse their children in violation of the Anti-Violence Against Women and their Children law.
With the ruling, the SC granted the petition filed by Randy Michael Knutson who challenged the ruling of the trial court which denied his plea for the protection of Rhuby against her mother Rosalina. The apartment, owner, he said had to terminate the lease because of noise and after marijuana plants were confiscated in the premises.
When his motion to reconsider the ruling was denied by the trial court, Randy elevated the issue directly to the SC. “The exact provision was incorporated in Section 12 27 of the Implementing Rules and Regulations of RA No. 9262 and Section 8 28 of A.M. No. 04-10-11-SC, or the Rule on Violence Against Women and Their Children. The statute categorically used the word ‘parents’ which pertains to the father and the mother of the woman or child victim.
“On the other hand, Randy is not asking for a protection order in his favor. As intimated earlier, Randy filed the petition on behalf of their minor daughter Rhuby. The petition is principally and directly for the protection of the minor child and not the father. “The fact that a social legislation affords special protection to a particular sector does not automatically suggest that its members are excluded from violating such law. This is not the first time that social legislations in the Philippines with penal character used the phrase ‘any person’ to describe who may be offenders.
“In this case, however, the RTC dismissed Randy’s petition for protection orders on behalf of his minor daughter on the ground that the mother cannot be considered as an offender under the law. “The approach will weaken the law and remove from its coverage instances where the mother herself is the abuser of her child. The cramping stance negates not only the plain letters of the law and the clear legislative intent as to who may be offenders but also downgrades the country’s avowed international commitment to eliminate all forms of violence against children including those perpetrated by their parents.
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