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    Anti-Violence Against Women and Children Act of 2004, G.R. No. 181489, April 19, 2017, Set A

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    Benina Bautista
    This case discusses whether the mother of a victim has the capacity to file a petition under the Anti-Violence Against Women and Children Act of 2004 on behalf of her daughter. The facts state that Shiela filed a complaint against her husband Pavlow for domestic violence. When the prosecutor denied the complaint, Shiela's mother filed a petition in her daughter's place. Pavlow appealed questioning the mother's capacity. The court ruled that under Section 9(b) of the Act, the mother of a victim is expressly allowed to file a petition for the protection of her child. Therefore, Shiela's mother had the legal personality to avail remedies under the law on her daughter's behalf.

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    Anti-Violence Against Women and Children Act of 2004, G.R. No. 181489, April 19, 2017, Set A

    Uploaded by

    Benina Bautista
    101 views2 pages
    This case discusses whether the mother of a victim has the capacity to file a petition under the Anti-Violence Against Women and Children Act of 2004 on behalf of her daughter. The facts state that Shiela filed a complaint against her husband Pavlow for domestic violence. When the prosecutor denied the complaint, Shiela's mother filed a petition in her daughter's place. Pavlow appealed questioning the mother's capacity. The court ruled that under Section 9(b) of the Act, the mother of a victim is expressly allowed to file a petition for the protection of her child. Therefore, Shiela's mother had the legal personality to avail remedies under the law on her daughter's behalf.

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    This case discusses whether the mother of a victim has the capacity to file a petition under the Anti-Violence Against Women and Children Act of 2004 on behalf of her daughter. The facts state that Shiela filed a complaint against her husband Pavlow for domestic violence. When the prosecutor denied the complaint, Shiela's mother filed a petition in her daughter's place. Pavlow appealed questioning the mother's capacity. The court ruled that under Section 9(b) of the Act, the mother of a victim is expressly allowed to file a petition for the protection of her child. Therefore, Shiela's mother had the legal personality to avail remedies under the law on her daughter's behalf.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    101 views2 pages

    Anti-Violence Against Women and Children Act of 2004, G.R. No. 181489, April 19, 2017, Set A

    Uploaded by

    Benina Bautista
    This case discusses whether the mother of a victim has the capacity to file a petition under the Anti-Violence Against Women and Children Act of 2004 on behalf of her daughter. The facts state that Shiela filed a complaint against her husband Pavlow for domestic violence. When the prosecutor denied the complaint, Shiela's mother filed a petition in her daughter's place. Pavlow appealed questioning the mother's capacity. The court ruled that under Section 9(b) of the Act, the mother of a victim is expressly allowed to file a petition for the protection of her child. Therefore, Shiela's mother had the legal personality to avail remedies under the law on her daughter's behalf.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
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    Steven R. Pavlow v. Cherry L. Mendenilla (G.R. No. 181489, April 19, 2017, Leonen, J.

    Doctrine: The mother of a victim under R.A. 9262, or the Anti-Violence Against
    Women and Children Act of 2004 is expressly given personality by Section 9(b) of
    such law to file a petition and avail remedies that is distinct from the criminal action
    penalized under Section 5 of the same law.

    Facts: Pavlow is an American Citizen, and is the president of Quality Long Term Care of
    Nevada, Inc . He is married to Shiela, a Filipina residing in QC. They cohabited as husband
    and wife. After three months of living together, Shiela filed a complaint against Pavlow. She
    alleged that he has been hitting her every time they quarrel over a woman named Diane,
    who has been constantly sending texts and emails to Pavlow. She also alleged that Pavlow
    has been forcing her to take two white pills every night or else Pavlow would do something
    to her. Shiela had been telling her mother about their marital quarrel, hence, she filed a
    complaint in behalf of her daughter under R.A. 9262, or the Anti-Violence Against Women
    and Children Act of 2004.

    The Office of the Prosecutor denied the complaint filed by Shiela for failing to substantiate
    her allegations. The RTC, however, granted the petition filed by her mother. Pavlow
    appealed to the CA questioning the capacity of Shiela’s mother to file a complaint against
    him but did not get a favorable decision.

    Issue: Whether or not Mendenilla, the mother of the victim, has the capacity to file a
    petition and pray for remedies distinct from the criminal liability under R.A. 9262 for the
    benefit of her daughter.

    Ruling: It is explicitly said under Section 9(b) of R.A. 9262:

    B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or
    her child. It includes, but is not limited to:

    BAUTISTA-2018-11092-MN-0
    a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
    object, making demeaning and sexually suggestive remarks, physically attacking the sexual
    parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows
    or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
    wife and mistress/lover to live in the conjugal home or sleep together in the same room with
    the abuser;

    b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
    threat of force, physical or other harm or threat of physical or other harm or coercion;

    c) Prostituting the woman or child.

    -- that the mother of the victim has the personality to avail protection for the benefit of her
    child. Filing of petition is not exclusively given to the victim. Hence, Mendenilla has the
    required personality given under R.A. 9262.

    BAUTISTA-2018-11092-MN-0

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