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(d) Directing the respondent to stay away from petitioner and any designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member; (e) Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal belongings; (f) Granting a temporary or permanent custody of a child/ children to the petitioner; (g) Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court; (h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the matter; (i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income; (j) Directing the DSWD or any appropriate agency to provide petitioner temporary shelter and other social services that the petitioner may need; and (k) Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and

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Pavlow v. Mendenilla

Jurisprudence

Case number: G.R. No. 181489

Division: PH Supreme Court Second Division

Date of decision: Apr 19, 2017

Year of decision: 2017

GBV Case Type

Anti-Violence Against Women and their Children Act of 2004 (VAWC)

Nature of the case: A petition for the issuance of a protection order was filed by Mendenilla, the mother of the victim against the American citizen husband of the victim. Barely three (3) months into their marriage, the victim filed a complaint against her husband for slight physical injuries and thereafter filed an amended complaint to include maltreatment in relation to the Anti-VAWC Law as a ground. The husband further assailed the personality of the mother of the victim to file for a TPO. The Court ruled that the mother of a victim of acts of violence against women and their children is expressly given personality by Section 9(b) of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (the Anti-VAWC Law), to file a civil action petitioning for the issuance of a protection order for her child. In filing such a petition, she avails of a remedy that is distinct from the criminal action under Section 5 of the same law. The mere filing of such a criminal complaint, without the subsequent filing of an information in court, does not occasion litis pendentia or res judicata that precludes the filing of a petition for the issuance of a protection order. Hence, the CA’s decision affirming the RTC’s decision in issuing a TPO in favor of the victim is affirmed by the Court and thereby denying the claims of the husband.

Summary of outcome: The Court ruled that the mother of a victim of acts of violence against women and their children is expressly given personality by Section 9(b) of Republic Act No. 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 (the Anti-VAWC Law), to file a civil action petitioning for the issuance of a protection order for her child. In filing such a petition, she avails of a remedy that is distinct from the criminal action under Section 5 of the same law. The mere filing of such a criminal complaint, without the subsequent filing of an information in court, does not occasion litis pendentia or res judicata that precludes the filing of a petition for the issuance of a protection order. Hence, the CA’s decision affirming the RTC’s decision in issuing a TPO in favor of the victim is affirmed by the Court and thereby denying the claims of the husband.

Observatory: Gender-Based Violence

Affected Sector

Women

Ponente: LEONEN, J,

Long title: STEVEN R. PAVLOW, PETITIONER, VS. CHERRY L. MENDENILLA, RESPONDENT.

Geolocation 1

Latitude: 14.570688

Longitude: 121.027166

: Geolocation 1

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STEVEN R. PAVLOW.pdf
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Pavlow v. Mendenilla

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