Title: Go-Tan v. Spouses Tan, G.R. No. 168852
Subject Matter: Applicability of the doctrine of conspiracy under the Revised Penal Code to R.A. 9262 (Anti-Violence Against Women and Children Act of 2004)
Facts:
On April 18, 1999, Sharica Mari Go-Tan and Steven Tan were
married. Out of this union, two female children were born, Kyra Danielle and
Kristen Denise. On January 12, 2005, barely six years into the marriage,
petitioner Go-Tan filed a petition with prayer for the issuance of a Temporary
Protective Order (TPO) against Steven, in conspiracy with respondents, were
causing verbal, psychological, and economic abuses upon her in violation of
Section 5, paragraphs (e) (2) (3) (4), (h) (5) and (i) of Republic Act No.
9262.
Issue:
Whether or not respondents-spouses, Perfecto and Juanita,
parents-in-law of Sharica, may be included in the petition for the issuance of
a protective order, in accordance with RA 9262.
Held:
Yes, the Court ruled in favor of the petitioner. While the
provisions of RA 9262 provides that the offender be ralted 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 RPC.
In Section 47 of RA 9262, it has expressly provides for the suppletory
application of the RPC. Hence, legal principles developed from the Penal Code
may be applied in a supplementary capacity to crimes punished under special
laws, such as RA 9262 in which the special law is silent on a particular
matter.
No comments:
Post a Comment