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Advocates Philippines
SC: Abusive Mothers can be Offenders under VAWC Law
The Supreme Court in the Philippines has ruled that mothers who abuse their children can be considered as offenders under the Anti-Violence Against Women and Their Children (VAWC) Act. The ruling was made 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.
In his petition, Knutson challenged the ruling of the Taguig City Regional Trial Court (RTC) which dismissed his petition under Republic Act 9262, or the VAWC Act, for the issuance of Temporary and Protection Orders against the mother of his daughter, Rosalina Knutson.
The RTC had dismissed the petition on the grounds that the father was not a “woman victim of violence” and protection orders under the VAWC Act could not be issued against a mother who allegedly abused her own child.
However, the Supreme Court ruled that while the VAWC Act excludes men as victims, it 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 added that the law speaks in clear language when it used the word “parents” referring to the father and the mother of the woman or child victim and did not qualify on who between the parents of the victim may apply for protection orders.
In granting the petition, the Court also ruled that the VAWC Act covers situations where the mother committed violent and abusive acts against her own child. The Court cited Section 3 of the VAWC Act, which defined “violence against women and children” as abusive acts “committed by any person” and noted that the word “person” used in the statute is gender-neutral and embraces any person of either sex.
Furthermore, the Court stated that the RTC’s position that only children under the care of the woman victim of violence can be protected under the VAWC Act is a restrictive interpretation that will frustrate the policy of the law to afford special attention to women and children as usual victims of violence and abuse.
The Court added that the RTC’s statement that children who suffered abuse from the hands of their mothers may invoke other laws except the VAWC Act is discriminatory and an outright denial of effective legal measures to address the seriousness and urgency of the situation.
The Supreme Court also ruled that fathers can apply for remedies under the VAWC Act on behalf of their abused children and mothers who abuse their children can be considered as offenders under the VAWC Act.
In his petition, Knutson challenged the ruling of the Taguig City Regional Trial Court (RTC) which dismissed his petition under Republic Act 9262, or the VAWC Act, for the issuance of Temporary and Protection Orders against the mother of his daughter, Rosalina Knutson.
The RTC had dismissed the petition on the grounds that the father was not a “woman victim of violence” and protection orders under the VAWC Act could not be issued against a mother who allegedly abused her own child.
However, the Supreme Court ruled that while the VAWC Act excludes men as victims, it 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 added that the law speaks in clear language when it used the word “parents” referring to the father and the mother of the woman or child victim and did not qualify on who between the parents of the victim may apply for protection orders.
In granting the petition, the Court also ruled that the VAWC Act covers situations where the mother committed violent and abusive acts against her own child. The Court cited Section 3 of the VAWC Act, which defined “violence against women and children” as abusive acts “committed by any person” and noted that the word “person” used in the statute is gender-neutral and embraces any person of either sex.
Furthermore, the Court stated that the RTC’s position that only children under the care of the woman victim of violence can be protected under the VAWC Act is a restrictive interpretation that will frustrate the policy of the law to afford special attention to women and children as usual victims of violence and abuse.
The Court added that the RTC’s statement that children who suffered abuse from the hands of their mothers may invoke other laws except the VAWC Act is discriminatory and an outright denial of effective legal measures to address the seriousness and urgency of the situation.
The Supreme Court also ruled that fathers can apply for remedies under the VAWC Act on behalf of their abused children and mothers who abuse their children can be considered as offenders under the VAWC Act.
Feb 9, 2023
