BBB v. AAA [G.R. No.

193225, February 9, 2015] Case Digest

Keywords: Temporary Protection Order (TPO/ PPO), Memorandum of Agreement (MOA)

FACTS

• BBB (man) and AAA (woman) first met in 1991 and started to date seriously in 1996.

AAA was a medical student and was raising her first borne [boy, CCC] from a previous

relationship. BBB and AAA bore two children: DDD and EEE.

• A few years later, the relationship between the two turned sour due to heated

arguments. They decided to live separately. BBB had custody of DDD and EEE and

subjected the children to marital infidelity (with FFF, a co-worker) which exposed AAA

to public ridicule causing her emotional distress.

• AAA cites economic and physical abuse. AAA filed an application for the issuance of a

Temporary Protection Order (TPO) (with a request to make it permanent after due hearing).

• RTC: TPO was granted and was made permanent by virtue of the decision on Aug. 14,

2007 (TPO became PPO = Permanent Protection Order). CA affirmed RTC’s decision.

• The PPO prohibited BBB from seeing AAA and their children so BBB would not

commit acts of violence against them. BBB appealed to the CA, but the CA denied his

appeal. He appealed to the SC and entered into a Memorandum of Agreement (MOA) with

AAA. [MOA = compromise agreement]. MOA included the issue of custody of the

children. However, AAA’s counsel (Atty. Uyboco) mentioned that AAA was emotionally

distressed when she signed the MOA.

ISSUE: Whether or not VAWC cases are subject to compromise agreements.

RULING: NO

• Alleging psychological violence and economic abuse, AAA anchored her application for

the issuance of a TPO and a PPO on the basis of the provisions of R.A. No. 9262.

• Cases filed under the provisions of R.A. No. 9262 (VAWC Law) be not subjects of

compromise agreements.

• Sec. 23 (d) of the rules on VAWC cases (A.M. No. 04-10-11-SC) prohibits compromise

on any act constituting the crime of violence against women.

• Garcia v. Drilon states 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.”