Dear PAO,
I filed a VAWC case against the mother of my children. She has been physically abusing them for the past five years. However, the barangay official told me that females, more so a mother, cannot be held liable under the VAWC law. The official added that only men may be convicted under the said law. Is this legally correct?
Rafael
Dear Rafael,
No, the barangay official is not correct. Section 3(a) of Republic Act 9262 (RA 9262), otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004,” states that violence against women and children may be committed by “any person,” regardless of gender, to wit:
“(a) Violence against women and their children refers to any act or a 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 whether legitimate or illegitimate, within or without the family abode, 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. xxx” (underscoring provided)
While it is clear that both women and their children are exclusively protected by the law, prosecution of an abusive mother is not exactly prohibited. In fact, the Supreme Court explained in Knutson, et al. v. Hon. Sarmiento-Flores, et al., GR 239215, July 12, 2022, Ponente: Justice Mario Lopez, that RA 9262 covers a situation where the mother committed violent and abusive acts against her own children, to wit:
“Logically, a mother who maltreated her child resulting in physical, sexual, or psychological violence defined and penalized under RA 9262 is not absolved from criminal liability notwithstanding that the measure is intended to protect both women and their children. 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. To restate, the policy of RA No. 9262 is to guarantee full respect for human rights. Towards this end, the State shall 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.”
Thus, although the legislative intent of RA 9262 is to limit the protection against violence to women and their children, it does not preclude the prosecution of mothers who are abusive to their children. On the contrary, any person who commits the stated criminal acts may be prosecuted under RA 9262.
As aptly pronounced by the Supreme Court, 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.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
