CONSPIRACY APPLIES TO VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

Violation of RA 9262 can be committed by persons other than one who is related to the woman by marriage, former marriage, or with whom the woman has or had sexual or dating relationship. This is possible through conspiracy under the Revised Penal Code.

This was underscored in GO-TAN vs. SPS. TAN, G.R. No. 168852, September 30, 2008 where it was held that “while the said provision provides that the offender be related or connected to the victim by marriage, former marriage, or a sexual or dating relationship, it does not preclude the application of the principle of conspiracy under the RPC. “ It was further noted that Section 47 of R.A. No. 9262 even expressly provides for the suppletory application of the Revised Penal Code. Thus, the Court concludes that the principle of conspiracy under Article 8 of the RPC can be, without a doubt, applied suppletorily to R.A. No. 9262 precisely because of the express provision of Section 47 that the RPC shall be supplementary to said law. 

         

Read the full text of the decision here: 

GO-TAN vs. SPS. TAN,G.R. No. 168852, September 30, 2008