Case Digest (G.R. No. 168852) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In G.R. No. 168852, Sharica Mari L. Go-Tan v. Spouses Perfecto C. Tan and Juanita L. Tan, decided on September 30, 2008 under the 1987 Constitution, the petitioner, Sharica Mari L. Go-Tan, married Steven L. Tan on April 18, 1999. They had two daughters, Kyra Danielle and Kristen Denise. On January 12, 2005, petitioner filed a Petition with Prayer for the Issuance of a Temporary Protective Order (TPO) under Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act of 2004) against her husband and her parents-in-law, Spouses Perfecto C. Tan and Juanita L. Tan, alleging verbal, psychological, and economic abuse as defined in Sections 5(e)(2),(3),(4), (h)(5) and (i) of the statute. The Regional Trial Court (RTC), Branch 94, Quezon City, granted the TPO on January 25, 2005. On February 7, 2005, respondents moved to dismiss for lack of jurisdiction, contending that parents-in-law are not covered by RA 9262. Petitioner opposed, urging a liberal interpretation. On Ma... Case Digest (G.R. No. 168852) Expanded Legal Reasoning Model
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)