RA No. 9262 covers a situation where the mother committed violent and abusive acts against her own child. “Section 3(a) of RA 9262 defines violence against women and their children as “any act or a series of acts committed by any persons 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.” The law criminalizes acts of violence against women and their children perpetrated by women’s intimated partners, i.e. husband, former husband, or any person who has or had a sexual or dating relationship with the woman, or with whom the woman has a common child. However, the Court in Garcia emphasized that the law does not single out the husband or father as the culprit. The statute used the gender-neutral word “person” as the offender which embraces any person of either sex. The offender may also include other persons who conspired to commit violence, thus:
X X X
X X X
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 9262 is to guarantee for 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 Right, the Convention on The Rights of the Child, and other international human rights instruments of which the Philippines is a party.
Specifically, Section 3(2), Article XV of the 1987 Constitution espoused the State to defend “[t]he right of children to assistance, including proper care and nutrition and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development; x x x.” Also, Article 25(2) of the Universal Declaration of Human Rights advocated that “[m]otherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.” Further, the Philippines as a State party to the Convention on the Rights of the Child has the following international commitments, to wit:
Preamble
The States Parties to the present Convention,
X x x x
Recognizing that the child, for the full and harmonious development of his or her personality should grow up in a family environment, in an atmosphere of happiness, love and understanding;
X x x x
Article 2
X x x x
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
Article 3
- In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
- States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legal responsible for him or her, and to this end, shall take all appropriate legislative and administrative measures.
X x x x
Article 9
- States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parent, or one where the parents are living separately and a decision must be made as to the child’s place of residence.
X x x x
Article 19
- States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parents(s), legal guardian(s) or another person who has the care of the child.
X x x x
Article 39
States parties shall take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of: any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment; or armed conflicts. Such recovery and reintegration shall take place in an environment which fosters the health, self-respect and dignity of the child. (Emphases supplied)
Notably, the Committee on the Rights of the Child commented that “all forms of violence against children, however lights, are unacceptable. X x x Frequency, severity of harm and intent to harm are not prerequisites for the definitions of violence. “The United Nations Children’s Fund recognized “violence against children x x x as global human rights and public health problems of critical importance.” Also, violence against children takes many forms, including physical, sexual and emotional abuse, and may involve neglect or deprivation. Violence occurs in many settings, including the home, school, community and over the Internet. Similarly, a wide range of perpetrators commit violence against children, such as family members, intimate partners, teachers, neighbors, strangers and other children. The World Health Organization said that [v]iolence against children includes all forms of violence against people under 18 years old, whether perpetrated by parents or other caregivers, peers, romantic partners, or strangers. Verily, mothers may be offenders in the context of R.A. No. 9262. The Court finds no substantial distinction between fathers and mothers who abused their children that warrants a different treatment or exemption from the law. Any violence is reprehensible and harmful to the child’s dignity sand development.”[1]
The children must have some relationship to the offender thru their mother, to be afforded protection under R.A. 9262. – “It can be gleaned that in order to merit the protection of R.A. No. 9262, the children must have some relationship or connection to the offender through their mother. Akin to the situation of an offended woman, relationship to the offender is a condition sine qua non before the children could ask for reliefs under R.A. No. 9262. Protection orders are issued for the purpose of protecting not only the woman, but also her child against the acts of violence committed by the person against whom the order is issued.
Here, Nikki, as mother of petitioners, is not related to Eleanor by reason of marriage, former marriage, or a sexual or dating relationship. Thus, petitioners could not be considered as the children referred to in R.A. No. 9262 and they could not avail of the reliefs available under the law.”[2]
[1] Randy Michael Knutson, acting in behalf of minor Rhuby Sibal Knutson, v. Hon. Elisa Sarmiento-Flores, in her capacity as Acting Presiding Judge of Branch 96, RTC Taguig City, and Rosalina Sibal Knutson, respondent
[2] Minors Janika Hinogin Senados and Janika Matthew Senados represented by their mother Nikki Hinogin Senados v. Eleanor T. Cua, et al, G.R. No. 220519, November 21, 2016