Randy Michael nson an American citizen married roselina Cal nson they had a daughter named Rubi Cal nson however Randy and roselina became estranged after he discovered her extramarital Affairs anyhow Randy still supported roselina and Ruby there after roselina got hooked in casinos Randy learned that roselina spent weeks in gambling dance and left Rie under the care of strangers worse roselina incurred large debts from Casino financiers prompting her to sell the properties that Randy provided for the family later Randy discovered that roselina maltreated her own mother in ru's presence roselina also hurt Ruby pulling her hair
slapping her face and knocking her head roselina even texted Randy about her plan to kill their daughter and commit suicide Andy reported the matter to the police station but the authorities explained that they cannot assist him in domestic issues subsequently Randy on behalf of minori filed against roselina a petition under Republic act number 9262 otherwise known as antiviolence against women and their children Act of 2004 for the issuance of temporary and permanent protection orders before the regional trial court the RTC dismissed the petition explaining meaning that protection and custody orders in ra 9262 cannot be
issued against a mother who allegedly abused her own child Randy moved for a reconsideration and argued that ra 9262 used the term any person which is not limited to male offenders however the RTC denied the motion does ra 926 to allow the father to apply for protection and custody orders against the mother who allegedly have committed violence against her child the Court ruled in the affirmative in Garcia versus drillon the court pointed out that the Congress excluded men as victims under ra 9262 the legislative intent is to limit the protection against violence to women and
children only the classification rests on substantial distinctions because women and children are vulnerable victims of amus compared to men on the other hand Randy is not asking for a protection order in his favor as in inated earlier Randy filed the petition on behalf of their minor daughter RIT the petition is principally and directly for the protection of the minor child and not the father admittedly Randy also asked for the temporary custody of their daughter because the mother was allegedly unfit yet the RTC did not evaluate the case whether the mother may be divested of custody
over the child the RTC ignored the evidence on the pretext that the father is not allowed to apply for protection and custody orders because he is not a woman victim of Violence Section 3A of RA 9262 defines violence against women and their children as 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 IL legitimate within
or without the family abod 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 intimate Partners such as husband former husband or any person who has or had sexual or dating relationship with a 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 differently stated the fact that the social legislation affords special protection to a particular sector does not automatically suggest that its members are excluded from violating such law 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 not withstanding that the measure is intended to protect both women and their children [Music]
