Steven R. Pavlow v. Cherry L. Mendenilla (G.R. No. 181489, April 19, 2017, Leonen, J.

Doctrine: The mother of a victim under R.A. 9262, or the Anti-Violence Against
Women and Children Act of 2004 is expressly given personality by Section 9(b) of
such law to file a petition and avail remedies that is distinct from the criminal action
penalized under Section 5 of the same law.

Ruling: It is explicitly said under Section 9(b) of R.A. 9262:

B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or
her child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically attacking the sexual
parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same room with
the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

-- that the mother of the victim has the personality to avail protection for the benefit of her
child. Filing of petition is not exclusively given to the victim. Hence, Mendenilla has the
required personality given under R.A. 9262.

BAUTISTA-2018-11092-MN-0