The Supreme Court ruled that fathers can file for protection and custody orders under the Anti-Violence Against Women and Their Children Act (RA 9262) on behalf of their abused children, even against the child’s mother. The court clarified that while the law primarily protects women and children from violence by intimate partners, it does not exclude the possibility of a mother being the abuser. This decision ensures that children have access to legal remedies, regardless of the abuser’s gender, promoting their safety and well-being.

Can a Father Use Anti-VAWC Law To Protect His Child From an Abusive Mother?

This case revolves around Randy Michael Knutson, an American citizen, and Rosalina Sibal Knutson, who married and had a daughter, Rhuby. After discovering Rosalina’s extramarital affairs and gambling addiction, Randy learned that Rosalina was neglecting and physically abusing Rhuby. He filed a petition under RA 9262 seeking temporary and permanent protection orders against Rosalina to protect Rhuby. The Regional Trial Court (RTC) dismissed the petition, stating that RA 9262 does not allow protection and custody orders against a mother who allegedly abused her own child, as the mother cannot be considered an offender under the law, and the remedies are not available to the father because he is not a “woman victim of violence.” This ruling led Randy to directly file a Petition for Certiorari before the Supreme Court.

The Supreme Court addressed the issue of whether a father can avail of remedies under RA 9262 on behalf of his minor child against the mother’s violent and abusive acts. The Court emphasized that while RA 9262 primarily aims to protect women and children from violence by intimate partners, it does not preclude a father from seeking protection orders for his child against an abusive mother. Section 9(b) of RA 9262 explicitly allows “parents or guardians of the offended party” to file a petition for protection orders. The Court clarified that the statute does not discriminate on who between the parents of the victim may apply for protection orders. Ubi lex non distinguit, nec nos distinguere debemus. When the law does not distinguish, the courts must not distinguish.

Moreover, the Court highlighted that the Anti-Violence Against Women and Their Children Act of 2004, criminalizes acts of violence against women and their children perpetrated by women’s intimate partners, i.e., husband; former husband; or any person who has or had sexual or dating relationship with the woman, or with whom the woman has a common child. The Court also cited Garcia v. Drilon, emphasizing that RA 9262 does not single out the husband or father as the culprit but instead uses the gender-neutral word “person” as the offender, embracing any person of either sex.

The Court also stated that, 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. In this context, the Court emphasized the Philippines’ international commitment to protect children from all forms of abuse, citing Article 39 of the Convention of the Rights of the Child.

The Court disagreed with the RTC’s interpretation that RA 9262 requires both the mother and child to be victims of violence before protection orders can be issued. According to the SC, such a restrictive interpretation would frustrate the law’s policy of protecting women and children from violence and abuse. It emphasized the need for a liberal construction of the law to safeguard the best interests of the child. 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.

The Supreme Court recognized that mothers can indeed be offenders under RA 9262 when they commit acts of violence against their children. The Court asserted that there is no substantial distinction between fathers and mothers who abuse their children that warrants a different treatment or exemption from the law. Any violence is reprehensible and harmful to the child’s dignity and development.

RA No. 9262 created the innovative remedies of protection and custody orders. Other laws have no mechanisms to prevent further acts of violence against the child. In sum, the Court refuses to be an instrument of injustice and public mischief perpetrated against vulnerable sectors of the society such as children victims of violence. The Court will not shirk its bounden duty to interpret the law in keeping with the cardinal principle that in enacting a statute, the legislature intended right and justice to prevail.

FAQs

What was the key issue in this case?	Whether a father can avail of the remedies under RA 9262 on behalf of his minor child against the mother’s violent and abusive acts.
Who can file a petition for a protection order under RA 9262?	The offended party, parents or guardians of the offended party, ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity, and officers or social workers of the DSWD or LGUs, among others.
Does RA 9262 only apply when the mother is also a victim of violence?	No, the Supreme Court clarified that the law’s intent is to protect the child regardless of whether the mother is also a victim, as long as violence is committed against the child.
Can a father obtain custody of his child under RA 9262 if the mother is abusive?	Yes, a father can seek temporary or permanent custody of a child if the mother is deemed unfit due to violent or abusive behavior.
What is the primary consideration in awarding custody of a child?	The best interests of the child are the paramount concern, and the court must consider the child’s safety, well-being, and development.
Can mothers be considered offenders under RA 9262?	Yes, the Supreme Court affirmed that mothers can be offenders if they commit acts of violence against their children, notwithstanding that the measure is intended to protect both women and their children.
What international commitments does the Philippines have regarding child protection?	The Philippines is a state party to the Convention on the Rights of the Child, which mandates the protection of children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse.
What should I do if I know a child suffering from abuse?	Report the abuse to the appropriate authorities, such as the Department of Social Welfare and Development (DSWD) or the local police. If the child is in imminent danger, seek immediate assistance from law enforcement.

The Supreme Court’s decision ensures that children are not denied legal protection simply because their abuser is their mother. It reinforces the principle that the best interests of the child must always be the primary consideration in cases involving violence and abuse. This landmark ruling clarifies the scope of RA 9262 and provides a legal avenue for fathers to safeguard their children from harm.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RANDY MICHAEL KNUTSON, ACTING ON BEHALF OF MINOR RHUBY SIBAL KNUTSON, VS. HON. ELISA R. SARMIENTO-FLORES, G.R. No. 239215, July 12, 2022