AFP v. YAHON
AFP v. YAHON
AFP v. YAHON
FACTS:
Daisy Yahon, petitioner, filed for a temporary protection order against her husband, S/Sgt. Charles
A. Yahon (Sgt. Yahon), under the provisions of RA 9262 (Protection Against Women and
Children),with this, the Court ordered the petitioner to withhold any retirement, pension, and other
benefits due to her husband for the ensurance of the fair share supposedly accorded to
respondent. Meanwhile, Sgt. Yahon was also obliged to give her a monthly allowance of 4,000 for
Spousal Support. However, Sgt. Yahon failed to comply with these obligations. Subsequently, the
court granted a Permanent Protection Order to the respondent as evidence proved that Sgt. Yahon
had continuosly threatened her with deliberate acts of intimidation and threatening words.
Petitioner then filed a manifestation and motion to lift TPO against them, stating that that it was
making a limited and special appearance. Petitioner informed the RTC that S/Sgt. Yahon’s check
representing his 36 MLS had been processed and is ready for payment by the AFPFC, but to date
said check has not been claimed by respondent.
Petitioner further asserted that while it has initially discharged its obligation under the TPO, the RTC
had not acquired jurisdiction over the military institution due to lack of summons, and hence the
AFPFC cannot be bound by the said court order. Additionally, petitioner contended that the AFPFC
is not a party-in-interest and is a complete stranger to the proceedings before the RTC on the
issuance of TPO/PPO. Not being impleaded in the case, petitioner lamented that it was not afforded
due process and it was thus improper to issue execution against the AFPFC. Consequently,
petitioner emphasized its position that the AFPFC cannot be directed to comply with the TPO without
violating its right to procedural due process.
ISSUE:
WON the word "employer" includes the AFP (gov't)
HELD:
Section 8(g) of R.A. No. 9262 used the general term "employer," which includes in its coverage the
military institution, S/Sgt. Yahon’s employer. Where the law does not distinguish, courts should not
distinguish. Thus, Section 8(g) applies to all employers, whether private or government.
It bears stressing that Section 8(g) providing for spousal and child support, is a support enforcement
legislation. In the United States, provisions of the Child Support Enforcement Act24 allow
garnishment of certain federal funds where the intended recipient has failed to satisfy a legal
obligation of child support. As these provisions were designed "to avoid sovereign immunity
problems" and provide that "moneys payable by the Government to any individual are subject to
child support enforcement proceedings," the law is clearly intended to "create a limited waiver of
sovereign immunity so that state courts could issue valid orders directed against Government
agencies attaching funds in their possession."