How to File a VAWC Case in the Philippines (RA 9262)

The law protects a woman who is the offender's:

• wife or former wife;
• partner in a present or past sexual or dating relationship; or
• the mother of his child (a "common child");

and her child, legitimate or illegitimate, "within or without the family abode" (Section 3(a)).

A "dating relationship" means living as husband and wife without marriage, or being "romantically involved over time and on a continuing basis". A casual acquaintance or ordinary socializing is not enough (Section 3(e)). In Ang v. Court of Appeals (2010), the Supreme Court said such a relationship "can, therefore, exist even without a sexual intercourse taking place between those involved".

In Garcia v. Drilon (2013), the Supreme Court held that RA 9262 is constitutional, including its focus on protecting women and their children.

Section 5 lists the acts. In plain words:

• (a) causing physical harm to the woman or her child;
• (b) threatening to cause physical harm;
• (c) attempting to cause physical harm;
• (d) placing her or her child in fear of imminent physical harm;
• (e) compelling or restricting her conduct by force, threats or intimidation, including depriving or threatening to deprive her or her children of financial support legally due, or controlling her own money or property;
• (f) threatening to harm oneself to control her actions or decisions;
• (g) forcing her or her child into sexual activity that does not amount to rape;
• (h) conduct that alarms or causes substantial emotional or psychological distress, such as stalking, "lingering outside the residence", entering her home against her will, destroying her property or harming her pets, or harassment;
• (i) causing mental or emotional anguish, public ridicule or humiliation, including repeated verbal and emotional abuse and denial of financial support or custody of minor children.

Section 47 says the Revised Penal Code applies suppletorily (to fill gaps). In Go-Tan v. Spouses Tan (2008), the Supreme Court used this to let a petition for a protection order go on against parents-in-law who were alleged to have conspired with the husband.

Section 6 sets the penalties:

Under Article 27 of the Revised Penal Code, arresto mayor lasts from one month and one day to six months, prision correccional from six months and one day to six years, and prision mayor from six years and one day to twelve years.

On top of imprisonment, the offender must pay a fine of P100,000 to P300,000 and undergo mandatory psychological counseling or psychiatric treatment. If the act is done while the woman or child is pregnant, or in the presence of her child, the maximum period of the penalty applies. Being drunk or on drugs is not a defense (Section 27).

It can be, but the intent matters. In Acharon v. People (2021), the Supreme Court, sitting en banc, said a conviction under Section 5(i) needs proof that the accused intended to cause mental or emotional anguish through "the denial of — not the mere failure or inability to provide — financial support". The husband there, who worked abroad, was acquitted. The Court also said Section 5(e) requires that the deprivation of support be meant to control or restrict the woman.

So a father who loses his job and truly cannot pay is in a different position from one who has money and refuses to give it to hurt the mother. A claim for support itself is a separate matter: see How much is child support?

It can still be prosecuted here in some cases. In AAA v. BBB (2018), the husband's alleged affair took place in Singapore, while the wife suffered the anguish in the Philippines. The Supreme Court said an affair abroad does not place a prosecution under RA 9262 "absolutely beyond the reach of Philippine courts", and reinstated the criminal charge. This matters for many OFW families.

• Court. Section 7 says the Regional Trial Court designated as a Family Court has original and exclusive jurisdiction. If there is none in the place of the offense, the case goes to the Regional Trial Court where the crime or any of its elements was committed, at the option of the complainant.
• Who may complain. VAWC is "a public offense". It may be prosecuted on a complaint filed "by any citizen having personal knowledge of the circumstances" (Section 25).
• Officials who must help. Barangay officials and the police must respond immediately to a call for help, bring the victim to a safe place or a hospital, confiscate any deadly weapon the offender has or that is in plain view, and may arrest the suspect without a warrant when an act of violence is happening or has just happened and there is imminent danger (Section 30). Prosecutors and court personnel should speak to the victim in a language she understands and explain her rights and remedies (Section 29).

We did not read the official rules on the step-by-step filing of the criminal complaint (forms, which office receives it first), so this page does not describe them. Ask the barangay, the police or the prosecutor's office where you live, or a PAO lawyer.

A protection order. There are three kinds: a Barangay Protection Order (BPO) from the Punong Barangay, and a Temporary or Permanent Protection Order (TPO or PPO) from the court. A Barangay Protection Order is issued on the day of filing and lasts 15 days (Section 14). The differences are in BPO vs TPO vs PPO.

Many people besides the woman may file a petition for a protection order: her parents or guardians, relatives within the fourth civil degree, DSWD or local social workers, police officers, the Punong Barangay or a Kagawad, her lawyer, counselor or health provider, or at least two concerned citizens of the place who personally know of the abuse (Section 9).

No. Section 33 says the Punong Barangay, a Kagawad or the court "shall not order, direct, force or in any way unduly influence" the applicant to compromise or abandon what she asked for. It also says Sections 410 to 413 of the Local Government Code (barangay mediation, conciliation and arbitration) do not apply. This is different from ordinary disputes: see Do I need to go to the barangay first?

• Free medical certificate. A health provider who examines her must give her a medical certificate free of charge (Section 31(c)).
• Free legal help. She may get legal assistance from the Public Attorney's Office (PAO) or any public legal assistance office (Section 35(b)).
• Confidentiality. All records, including those at the barangay, are confidential. Publishing her name, address, school, employer or other identifying information without consent is punished with one year of imprisonment and a fine of up to P500,000 (Section 44).
• Paid leave. Up to 10 days of paid leave on top of other leaves (Section 43). See VAWC leave.

Section 24 says acts under Sections 5(a) to 5(f) prescribe in 20 years, and acts under Sections 5(g) to 5(i) in 10 years.

These are made-up examples to show how the rules work. They are not advice for any real case.

Carla dated Paolo for two years. They never lived together. After the breakup he posts edited photos of her and keeps messaging and following her. A dating relationship counts even without sex (Ang v. Court of Appeals). His acts may fall under Section 5(h). Carla, or any citizen who personally knows the facts, can file the complaint, and the deadline is 10 years.

Dina's husband works in Dubai and stops sending money. For a conviction under Section 5(i), the evidence must show that he deliberately withheld support he was able to give, to cause her anguish (Acharon v. People). If he lost his job and simply cannot pay, that alone is not enough.

Get legal help early: the choice between a criminal case, a protection order and a support or custody case, and the evidence for each, depend on your facts. A lawyer is also important if you are the respondent in a VAWC case, if there are children and property involved, or if the abuser is abroad.

If you cannot afford a lawyer, see Free legal help in the Philippines. Section 35(b) of RA 9262 itself gives victims the right to PAO assistance.