Case Digest (G.R. No. 193225)
Facts:
BBB filed a Rule 45 petition to assail the Court of Appeals' November 6, 2009 Decision and August 3, 2010 Resolution affirming with modification the issuance of a Permanent Protection Order (PPO) dated August 14, 2007 by the Regional Trial Court of Pasig City, Branch 162 in favor of his wife AAA, who had obtained a Temporary Protection Order (TPO) following allegations of psychological, emotional, and economic abuse under R.A. No. 9262. The CA affirmed the RTC's factual findings of abuse but remanded custody issues to the RTC; BBB appealed to the Supreme Court.
Issues:
- Did the CA err in affirming the RTC's decision to make the TPO permanent?
- Did the CA err in affirming the RTC's award of attorneys' fees and costs to AAA?
- Did the CA err in affirming the RTC's order requiring BBB to post an excessive bond to keep the peace?
- Did the CA and RTC correctly admit the unauthenticated text messages offered by AAA?
- Should the award of support be deleted because BBB now has actual care and custody of two children?
Ruling:
The petition was DENIED and the CA Decision and Resolution were AFFIRMED. The PPO dated August 14, 2007 stands except for items (d), (f), (g), (h) and (i), which concern custody, visitation, and support; the case was remanded to the RTC to determine with dispatch who shall exercise custody over the three children, how visitation shall be exercised, and the amount and manner of financial support. The Court declined to render judgment based on the parties' alleged compromise.
Ratio:
Most issues presented were factual and thus beyond the scope of a Rule 45 petition, and the RTC's and CA's factual findings were supported by substantial evidence under R.A. No. 9262, warranting affirmation. The challenge to the text messages was rendered academic because BBB effectively admitted authorship in his pleadings, and the legitimation of CCC estopped BBB from denying filial status, precluding collateral attack on legitimacy; therefore the Court refused to disturb the support award pending RTC determination of custody and means.
Doctrine:
- R.A. No. 9262 matters involving acts of violence against women are not proper subjects of compromise.
- Rule 45, Rules of Court limits Supreme Court review to questions of law; factual findings supported by substantial evidence are binding.
- Authorship admissions render questions on the admissibility of text messages moot (see Justice Vidallon‑Magtolis v. Salud).
- Estoppel under Art. 1431 of the New Civil Code binds a party to prior voluntary acknowledgments, including legitimation.
- In custody matters, the court must consider the choice of a child over seven years old and apportion support under Arts. 201–202 of the Family Code according to the parties' means and the child's necessities.