Strengthening Anti-Violence Against Women and Their Children
(RA 9262) through the.Â Sharica Go-Tan case: Can parents in-law
commit violation of RA 9262?
Since its passage on 08 March 2004, violation of RA 9262 was seen to be committed only by anyÂ person against a
woman who isÂ his wife, former wife, or against a woman with whom the personÂÂ has or had a sexual or dating relationship,
or with whom heÂ has a common child, or against herÂÂ child whether legitimate or illegitimate. Until this was challenged by
The Sharica Go-Tan case is an interesting case because the Court surgically looked into the law toÂ uphold its real
intent, whichÂ is to protect women from abusive relationships. The Court masterfullyÂ laid that there can be conspiracy,
in this case amongÂ spouse and other family members, under RA 9262.
What happened in this case?
In 1999, Sharica and Steven were married. They had two daughters. But in 2005, Sharica filed a PetitionÂ for the
Issuance ofÂ a Temporary Protective Order (TPO) against Steven and her parents-in-law, Perfecto and Juanita before the
Regional Trial Court. Â She alleged that Steven, in conspiracy with Perfecto and Juanita, were causing verbal,
psychological and economic abuses uponÂ her in violation of certain provisions the Anti-Violence Against Women
and Their Children Act of 2004 (Republic Act 9262).
Perfecto and Juanita contended that the RTC lacked jurisdiction over their persons since, as parents-in-law of
the petitioner,Â they were not covered by R.A. No. 9262.
Sharica asserted before the court that they were covered by R.A. No. 9262 under a liberal interpretation of the
law which is aimedÂ at promoting the protection and safety of victims of violence.
Is Sharica correct? May Perfecto and Juanita be included in the petition for the issuance of a Protective Order
under RA 9262?