VAWC Law Protects Against Abusive Mothers Too

In a recent Supreme Court Decision penned by Associate Justice Mario Lopez, fathers are allowed to apply for protection and custody orders under the VAWC Law against mothers who committed acts of violence against their child.

R.A. No. 9262 or the Anti-Violence Against Women and Children (VAWC) Act aims to protect women and their children from acts of abuse and violence committed against them. Sec. 3 of VAWC specified that the violence covered under the law refers to “an act or series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child…which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”

On its face, it would seem that only the men are considered offenders under VAWC. However, in the recent case of Knutson v. Hon. Sarmiento-Flores (G.R. No. 239215, 12 July 2022), the Supreme Court clarified and established that VAWC covers any person who committed violence against women and children.

The case stemmed from a petition for the issuance of Temporary and Permanent Protection Order with the Regional Trial Court of Taguig City, Branch 69, filed by Randy Michael Knutson on behalf of his daughter, Rhuby Sibal Knutson. He filed the said petition since Rhuby’s mother, Rosalina Sibal Knutson, physically abused Rhuby and consumed marijuana in her presence. The RTC then dismissed the petition, ruling that protection and custody orders under VAWC law “cannot be issued against a mother who allegedly abused her own child.” After the RTC denied his Motion for Reconsideration, Randy then directly filed a Petition for Certiorari before the Supreme Court against the RTC for grave abuse of discretion.

The main issue in the case is whether a father can avail of the remedies under VAWC on behalf of his abused minor child against the mother. The Supreme Court ruled in favor of Randy, discussing the following points:

First, Section 9(b) of VAWC explicitly allows “parents or guardians of the offended party” to file a petition for protection orders. The law categorically used the word “parents” which pertains to the father and the mother of the woman or child victim. The Court also distinguished this from a situation where the father applies for a protection order in his favor. In such a case, a protection order cannot be issued. It is clear, however, that Randy applied on behalf of Rhuby. The Court emphasized that “the best interest of the child should be the primordial and paramount concern.”

Second, while the law criminalizes acts of violence against women and their children, perpetrated by women’s intimate partners, the law does not single out the husband or the father as the culprit. The statute used the gender-neutral word “person” as the offender which embraces any person of either sex. The Court emphasized, “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.”. That said, a mother who maltreated her child resulting in violence defined and penalized under VAWC should not be absolved from criminal liability notwithstanding that the measure is intended to protect both women and their children.

The Court also stressed that there is a need for the State to exert efforts to address violence committed against children in keeping with the fundamental freedoms guaranteed under the Constitution, the Universal Declaration of Human Rights, the Convention on the Rights of the Child, and other international human rights instruments of which the Philippines is a party.

For these reasons, the Court granted Randy’s petition and issued a permanent protection order in favor of Rhuby.

If you need legal advice, or know women or children suffering from abuse, we at Batocabe and Partners Law can assist. You may reach us at (8) 687-1025.