The mother of a victim of acts of violence against women and their children is expressly given personality to file a
petition for the issuance of a protection order by Section 9(b) of the Anti-VAWC Law. However, the right of a mother
and of other persons mentioned in Section 9 to file such a petition is suspended when the victim has filed a petition
for herself. Nevertheless, in this case, respondent Mendenilla filed her petition after her daughter's complaint-affidavit
had already been dismissed.
More basic, the filing of Maria Sheila's complaint-affidavit did not even commence proceedings on her own petition for
the issuance of a protection order. Preliminary investigation, or proceedings at the level of the prosecutor, does not
form part of trial. It is not a judicial proceeding that leads to the issuance of a protection order. Thus, the pendency
and subsequent dismissal of Maria Sheila's Complaint-Affidavit did not engender the risk of either litis
pendentia or res judicata, which would serve the basis of a finding of forum shopping by her mother.
I.A
Republic Act No. 9262 specifies three (3) distinct remedies available to victims of acts of "violence against women
and their children":[42] first, a criminal complaint; second, a civil action for damages; and finally, a civil action for the
issuance of a protection order.
A criminal complaint may be resorted to when the act of violence against women and their children is committed
through any, some, or all of the nine (9) means which Section 5 of the Anti-VAWC Law[43] specifies as constitutive of
"[t]he crime of violence against women and their children." If found guilty, the perpetrator shall suffer the penalties
stipulated under Section 6,[44] i.e., imprisonment and payment of a fine. In addition, he or she shall be made to
undergo psychological counselling or psychiatric treatment.
A civil action for damages may be resorted to pursuant to Section 36 of the Anti-VAWC Law:
Section 36. Damages. - Any victim of violence under this Act shall be entitled to actual, compensatory, moral and
exemplary damages.
Rule V, Section 35 of the Implementing Rules and Regulations of the Anti-VAWC Law[45] states that when a criminal
action is also available and is resorted to, "[t]he civil action for damages is deemed instituted with the criminal action,
unless an independent civil action for damages is filed."
A protection order is issued "for the purpose of preventing further acts of violence against a woman or her child . . .
and granting other necessary relief;"[46] thereby "safeguarding the victim from further harm, minimizing any disruption
in the victim's daily life, and facilitating the opportunity and ability of the victim to independently regain control over her
life."[47] If issued, it shall specify any, some, or all of the following reliefs:
(a)
Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or indirectly;
(c)
Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and, if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until respondent has gathered his things and escort
respondent from the residence;