Parents in law can be impleaded in the Protection Order in relation to the provisions on Law on Violence against women and their children

            In the case of Sharica Mari l. Go-Tan vs. Sps. Tan, G.R. No. 168852, September 30, 2008, the Supreme court ruled that a woman can implead her parent/s in law in her petition for issuance of protection order in relation to the provisions of law on Violence against women and their children(RA 9262).  The respondents in this case contend that they are not covered by R.A. No. 9262 since Section 3 thereof explicitly provides that the offender should be related to the victim only by marriage, a former marriage, or a dating or sexual relationship. They further argued that respondents cannot be characterized as indispensable or necessary parties, since their presence in the case is not only unnecessary but altogether illegal, considering the non-inclusion of in-laws as offenders under Section 3 of R.A. No. 9262.

                The Petitioner in this case submit that R.A. No. 9262 must be understood in the light of the provisions of Section 47 of R.A. No. 9262 which explicitly provides for the suppletory application of the Revised Penal Code (RPC) and, accordingly, the provision on “conspiracy” under Article 8 of the RPC can be suppletorily applied to R.A. No. 9262; that her husband and parents in law had community of design and purpose in tormenting her by giving her insufficient financial support; harassing and pressuring her to be ejected from the family home; and in repeatedly abusing her verbally, emotionally, mentally and physically; that respondents should be included as indispensable or necessary parties for complete resolution of the case.

                The Court ruled in favour of the petitioner stating that while the said provision provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the Revised Penal Code. 

                Indeed, Section 47 of R.A. No. 9262 expressly provides for the suppletory application of the RPC, thus:

 SEC. 47.  Suppletory Application. - For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application. (Emphasis supplied) 

            Thus conformably with the foregoing, the principle of conspiracy may be applied to R.A. No. 9262.  For once conspiracy or action in concert to achieve a criminal design is shown, the act of one is the act of all the conspirators, and the precise extent or modality of participation of each of them becomes secondary, since all the conspirators are principals.

                The court further noted that Section 5 of R.A. No. 9262 expressly recognizes that the acts of violence against women and their children may be committed by an offender through another, thus:

                SEC. 5.  Acts of Violence Against Women and Their Children. - The crime of violence against women and their children is committed through any of the following acts:

                x x x

                (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.  This shall include, but not be limited to, the following acts:

                (1) Stalking or following the woman or her child in public or private places;

                (2) Peering in the window or lingering outside the residence of the woman or her child;

                (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

                (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

                (5) Engaging in any form of harassment or violence; x x x.  (Emphasis supplied)

                In addition, the court said, that the protection order that may be issued for the purpose of preventing  further  acts  of  violence against  the woman  or  her child  may  include individuals other than the offending husband, thus: 

                SEC. 8. Protection Orders. – x x x The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

                (a) Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

                (b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly; x x x   (Emphasis supplied)

                Finally, Section 4 of R.A. No. 9262 calls for a liberal construction of the law, thus:

                SEC. 4. Construction. - This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children. (Emphasis supplied).

                It bears mention that the intent of the statute is the law and that this intent must be effectuated by the courts.  In the present case, the express language of R.A. No. 9262 reflects the intent of the legislature for liberal construction as will best ensure the attainment of the object of the law according to its true intent, meaning and spirit - the protection and safety of victims of violence against women and children.

                (In this case, the High Court reversed the Order of the Regional Trial Court in so far as the dismissal is concerned thus ruling on the issue of inclusion of the parents in law in the Protection Order. It did not delve on the presence or absence of conspiracy, the High Court, being not a trier of facts.)