Sunday, June 21, 2015

Section 23(d) of A.M. No. 04-10-11-SC (Rule On Violence Against Women) Prohibits Compromise On Any Act Constituting The Crime Of Violence Against Women - The Lawyer's Post

See - It Bears Stressing That Section 23(d) of A.M. No. 04-10-11-SC (Rule On Violence Against Women) Explicitly Prohibits Compromise On Any Act Constituting The Crime Of Violence Against Women... - The Lawyer's Post





"x x x.

It bears stressing that Section 23(d) of A.M. No. 04-10-11-SC[1] explicitly prohibits compromise on any act constituting the crime of violence against women. Thus, in Garcia v. Drilon[2], the Court declared that:
Violence, however, is not a subject for compromise. A process which involves parties mediating the issue of violence implies that the victim is somehow at fault. x x x[3]. (Emphasis deleted)
AM No. 10-4-16-SC[4], on the other hand, directs the referral to mediation of all issues under the Family Code and other laws in relation to support, custody, visitation, property relations and guardianship of minor children, excepting therefrom those covered by R.A. No. 9262.
While AAA filed her application for a TPO and a PPO as an independent action and not as an incidental relief prayed for in a criminal suit, the instant petition cannot be taken outside the ambit of cases falling under the provisions of R.A. No. 9262. Perforce, the prohibition against subjecting the instant petition to compromise applies.
x x x."

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