Title
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.
A

Case Digest (G.R. No. 168852)

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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