Case Digest: Go-tan vs. Tan

Sharica Mari Go-Tan vs. Spouses Perfecto and Juanita Tan

G.R. No. 168852

September 30, 2008

Facts:

Petitioner Sharica filed a Petition with Prayer for the Issuance of a Temporary Protective Order (TPO) against her husband,Steven, and her parents-in-law, Spouses Perfecto C. Tan and Juanita L. Tan (respondents) in violation of Section 5, paragraphs (e)(2)(3)(4), (h)(5), and (i) of Republic Act (R.A.) No. 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004."

Respondents contend that they cannot be included in the charge since they are not among the personalities liable as enumerated under the said law by virtue of “expresio unius est exclusion alterius.”

Ruling:

The Court ruled in favor of petitioner with regard to the inclusion of the respondent spouses.

A provision of the said law expressly provides for the suppletory application of the RPC (Section 47 of R.A. No. 9262), which allowed legal principles developed in the RPC may be applied in a supplementary capacity to crimes punished under special laws, such as R.A. 9262.

Citing jurisprudence, the court held that the “principle of conspiracy under Article 8 of the RPC may be applied suppletorily to R.A. No. 9262 because of the express provision of Section 47 that the RPC shall be supplementary to said law. Thus, general provisions of the RPC, which by their nature, are necessarily applicable, may be applied suppletorily. Thus, the principle of conspiracy may be applied to R.A. No. 9262. For once conspiracy or action in concert to achieve a criminal design is shown, the act of one is the act of all the conspirators”.

Furthermore, Section 5 of R.A. 9262 recognizes the acts of violence against women and their children may be committed by an offender through another

The maxim "expressio unios est exclusio alterius" finds no application in the case at bar since it is only an

"ancillary rule of statutory construction” and not of universal application nor is it conclusive. It should be applied only as a means of discovering legislative intent when not plainly indicated.

However, proving conspiracy is a matter of evidence and can be best decided after fullblown trial on the merits.

Categories: Anti violence against women and their children, case digest, ra 9262, Sharica Mari Go-Tan vs. Spouses Perfecto and Juanita Tan G.R. No. 168852, SPECIAL CRIMINAL LAW, special penal law, VAWC