Title
Supreme Court
Go-Tan vs. Spouses Tan
Case
G.R. No. 168852
Decision Date
Sep 30, 2008
A petitioner sought a protective order under R.A. No. 9262 against her husband and parents-in-law for alleged abuse. The Supreme Court ruled that parents-in-law may be included under the law through conspiracy principles, reversing the RTC's dismissal and emphasizing liberal construction to protect victims.

Case Digest (G.R. No. 168852)
Expanded Legal Reasoning Model

Facts:

  • Parties and Marriage
    • Petitioner Sharica Mari L. Go-Tan married respondent Steven L. Tan on April 18, 1999.
    • They had two daughters: Kyra Danielle and Kristen Denise.
  • Protective Order Proceedings at the RTC
    • On January 12, 2005, petitioner filed a Petition for a Temporary Protective Order (TPO) under R.A. No. 9262 against Steven and her parents-in-law, Perfecto C. Tan and Juanita L. Tan, alleging verbal, psychological, and economic abuse.
    • The RTC Branch 94, Quezon City, issued a TPO on January 25, 2005.
    • On February 7, 2005, respondents moved to dismiss for lack of jurisdiction, arguing in-laws are not covered by R.A. No. 9262.
    • Petitioner opposed on February 28, 2005, urging liberal construction to include respondents.
    • On March 7, 2005, the RTC dismissed the case as to respondents, applying the maxim expressio unius est exclusio alterius.
    • Petitioner filed a Verified Motion for Reconsideration on March 16, 2005; respondents opposed on April 8, 2005.
    • The RTC denied reconsideration on July 11, 2005.
  • Elevation to the Supreme Court
    • Petitioner filed a Petition for Review on Certiorari under Rule 45 challenging the two RTC resolutions.
    • The core legal question presented was whether parents-in-law may be included as respondents in a protective order under R.A. No. 9262.

Issues:

  • Whether spouses Perfecto C. Tan and Juanita L. Tan, as parents-in-law of petitioner, may be included in a petition for issuance of a protective order under Republic Act No. 9262.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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