Sunday, May 21, 2006

RA 9262 or the "Anti-Violence Against Women and their Children Act of 2004"

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Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004” is our country’s landmark law on domestic violence. Women’s groups, led by the National Commission on the Role of Filipino Women (NCRFW), fought for RA 9262 patiently for ten long years before it became a law in March 2004.

Summer last year, through the coordination of the hardworking and dedicated Social Welfare Development Officers of the various LGUs in Region IV-A, I conducted seminars on RA 9264 for barangay officials, police officers, day care center workers and parents and other government employees,. I had the privilege of holding these seminars for Laguna (Kalayaan, Lumban, Victoria, Alaminos), Cavite City and Sto. Tomas, Batangas. I also conducted a seminar for Calabarzon social workers held at the DSWD Haven For Women in Ayala Alabang.

You can find the complete text of RA 9262 in my "Legal issues and family matters" website at http://www.familymatters.org.ph/.

It’s sad to say, however, that a lot of barangay officials and police officers still do not know the provisions of RA 9262. In television news reports of domestic violence, I still hear of police officers filing cases of physical injuries, grave threats, etc. against abusive men, when the proper offense to be charged should have been any of those enumerated under Section 5 of RA 9262.

Before we discuss the various important provisions of RA 9262, please surf to my Salt and Light blog for some of the statistics and information on violence against women. I got these statistics and information from my own research, and from a seminar sponsored by the Philippine Association of Christian Counselors and held at the Alliance Biblical Seminary in Quezon City, late 2004.

For RA 9262 and other cases involving women, you can ask for help from the following:

Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18

Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)

National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403

DOJ Public Attorney’s Office Women's Desk
Tel. Nos.: (02) 929-9010; 929-9436 to 37

Philippine General Hospital (PGH) Women’s Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

Women’s Crisis Center Women and Children Crisis Care & Protection Unit – East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235

119 comments :

Anonymous said...

Actually i have a question, if a man has a mistress, then starts telling his wife to leave the house with the children is this considered abuse? and also does the man still have the right to have sex with the wife, even if the wife refuses to do so, can text messages of treatful nature be use as an evidence to file harrasment against the man or husband... my friend is going throug this right now, she seek for a BPO but the capitan said there was no violent act done yet so he did not issue the BPO to my friend...
Looking forward for your quick response..
THank you.

Atty. Gerry T. Galacio said...

1. RA 9262 speaks of several kinds of violence. Repeated verbal abuse, public humiliation, etc these fall under psychological violence the penalty of which is six years minimum up to twelve years maximum (if the act is done while the woman is pregnant or in the presence of the common children).

2. RA 9262 is also violated when the man forces the woman to have sexual relations.

3. Text messages can be given as evidence. Your friend’s testimony by itself is also evidence.

4. A BPO (Barangay Protection Order) can only be issued for limited grounds and is good only for fifteen days. The 15-day period is supposed to give the abused woman enough time to file the case in court for a TPO (Temporary Protection Order) or a PPO (Permanent Protection Order). Tell your friend not ask for a BPO anymore but go straight to Court. RA 9262 cases are not subject to barangay conciliation.

Your friend can also ask for help from the police officer in charge of the Women and Children’s Desk in the nearest PNP station, OR from the DSWD project called Melissawatch.

Marviline said...

My friend's brother was tagged as "Andres or Ander de Saya" because of his wife's dominatino of who's the boss inside their house. And I have seen them fighting,shouting, rumbling around their house when I visited them 2x.After the fight, my friend's brother came out full of tears with bruises on his face and arms from her wife's nail scratches. He said he was slapped and punched. The husband didn't fight back because he's afraid of being jailed once he hurt his wife. Does he have the right to separate from his wife? He's being forced to live with her with fear of taking his son away from him. And I overheard his wife, threatening him that if he leaves her She will tell her uncles to kill him.Is this legal? Can he separate from his wife legally? or he needs to file a separation or annulment, what about their son? only 10 yrs old.

Atty. Gerry T. Galacio said...

Marviline,

Simply leaving the wife and/or the child is not a viable option since your friend’s brother can be charged civilly and criminally under RA 9262.

Your friend’s brother should therefore file at the very least a petition for legal separation. (Depending on the circumstances and the financial capability, he can file for annulment or declaration of nullity). In the same proceeding, he should ask for the custody of the child. Since the child is above seven years of age, he is given by the Family Code the right to choose which parent to live with (the court will intervene if the parent chosen is unfit).

Karlo Alamares said...

sir,

A case was filed against me by my wife citing violations of RA9262, but she's been using this to harass me to get support for my kid. As she's been saying, she's not interested in getting me into prison but is only doing this to force me to provide financial support.

She's asking 14K a month for our 3 yr old kid living with my mom-in-law in the province. I do earn 35K (gross income) a month but i find the amount not just. Not to mention that they won't let me take my kid out even for a day. I'm very much willing to provide support as what i've been telling them, but i do want to at least take my kid out during weekends.

The case seems to be a cover-up of my wife whom i caught cheating on me. I do view this landmark law as helpful but not to the point that this is being used to harass someone and deprive him of his rights to be a father to his kid.

Now im in the verge of losing my sanity over this case, please help.

Atty. Gerry T. Galacio said...

Karlo,

1. If you can prove that indeed your wife is just trying to harass you, then you can use that as evidence in your favor in the RA 9262 case. You also have the option of filing a separate criminal case against her (for example, giving false testimony, perjury, lying under oath, grave threats, etc). Proof can be text messages or e-mail, or someone else besides you heard your wife say that she is not really interested in pursing the RA 9262 case against you.

2. The problem your wife faces is this: How can she expect financial support from you if she is trying to put you into jail? If and when you get convicted and sentenced under RA 9262, your ability to provide financial support to her and your kids will disappear.

3. Please read my post in this blog entitled “Support for abandoned woman and family.” I discussed the Family Code provisions on support, the basic principle of which is that support must be balanced between the needs of the person asking for support and the capacity of the person from whom support is being asked.

4. Your visitation rights cannot be made dependent on your financial support or lack of support. Please read my article “Visitation rights over illegitimate children.” The point is that if visitation rights apply to illegitimate children, then you also have the right to insist on this right over your legitimate children. If you and your wife cannot agree on the times and dates, then you will be forced to go to court to settle this issue.

Anonymous said...

good day atty.
my husband abandoned us last March,2007.when the time he left,i dont really know what's on his mind that he have to leave us and whenever we had a fight,laging nakikialam ang mother niya.her mom advised us dapat na kaming maghiwalay.i told her hindi pwedeng masira ang family namin.(i was a battered wife for 4 to 5 yrs and nobody knows even my parents, in-laws or friends,relatives.kaya kong tiisin alang alang sa anak ko).since january,gustong gusto niya lagi umuwi sa parents niya until he stayed for a week or more.after a month when he left us,i found out that he has other woman.i tried many times to talk with him pero ayaw niya.even his mother,minura ako,tantanan ko na daw ang anak niya.in 4 - 5 years of marriage,never akong nakahawak ng sweldo niya.he gave me money just to pay for the bills.and her mother advised us na bigyan bigyan daw ako kahit P500.i suffered verbal abuse,sexual abuse and physical abuse sa husband ko.mula nung umalis siya,walang financial support and di na siya nagpakita.last december,i found out he went to canada since october.i went to poea to check his documents.his status indicated that he is separated which we're not legally separated and he changed the day on his birthdate.
atty, pls help me.
Godspeed.

Atty. Gerry T. Galacio said...

You can avail of the remedies provided by RA 9262 foremost of which is a Protection Order for financial support. Please read my article “ Support for abandoned woman and family ” OR download my free PDF newsletter on this topic from my website www.familymatters.org.ph

You can also avail of the benefits of our Solo Parents Welfare Act. Please coordinate with the DSWD in your town or city.

Under RA 9262, you have the option of filing a criminal case against your husband for the abuse he had inflicted on you.

You can try to get free legal help from the PAO (Public Attorneys Office) or the IBP (Integrated Bar of the Philippines) chapter office in your town or city. The IBP chapter offices are usually found in the Hall of Justice of cities.

Anonymous said...

Thank you very much!

Anonymous said...

2 years ago, a friend of mine, got his girlfriend pregnant. For some reason, it did not end in marraige and they chose to go separate ways. But based on the story from our friend, during the pregnancy of his (ex)gf, he was always around especially for her prenatal check up. When the ex-gf gave birth, he shouldered all the expenses. The child (son) took his last name too.

Their agreement with the mother is that he provide for the basic necessities of the child. So he religiously provides milk and diaper supplies. Now that the child is over 1 year old, he send 2 cans of baby milk (the small size) and 1 pack of diaper in every quincena. He is gainfully employed and receives around 4300pesos per payday.Whenever the child gets sick, he shoulders for all of the expenses. And even the in christening celebration. He and the mother has a good relationship, and continues to communicate through text and he gets updates abt his son. He visits his son too, although seldomly.

Just yesterday, he received a demand letter from the office of the city mayor. it was signed by the lawyer in that office. it was addressed to him but cared/of his office. it was personnaly delivered. it was not sealed though. it was received by the HR mgr. in fact the Mgr and other people in the company knows abt his case now.

the demand letter stated that he was not sufficiently and adequately providing support to his son. and that the client (the mother) is asking for full support which is a proportion of the income of my friend. it was even stated there that my friend "willfully refused to give financial support to the child". It also cited there that if he refuses, he will be charged civilly and criminally under RA 9262.

Before he received the letter, the mother called him up. she said, that her father is up to something and that she has nothing to do with it really, and that if he receives any letter, he just receive it.

so my friend is confused how come he was accused of not supporting when he really does provide for the child. Can you enlighten us regarding RA9262 and how this applies to his situation, and what could possibly be the implications. thank you

Atty. Gerry T. Galacio said...

Please read my various posts on RA 9262 in this blog (look for the links in the sidebar). You can also download my free PDF newsletter on the issue of support in my website www.familymatters.org.ph

Essentially, through a Protection Order under RA 9262, your friend and his employer can be obligated to remit a certain percentage of his salary to be remitted directly to the woman and her child. Failure to do so can lead to contempt of court charges against your friend and his employer.

Based on your narration, your friend can ask for the help of the woman. It seems that the woman’s father is interested in whatever he can get from your friend. Even now, your friend can ask the woman to execute an affidavit stating that she and her child have been receiving regular and adequate support from your friend. Your friend can also try to collect all the receipts for the things he has been giving to the woman and the child (he can use these as part of his evidence).

Anonymous said...

Need your help po sana..=( Ngayon pa lang po nagpapasalamat na po ako ng malaki..I am in dire need of peace of mind. And myabe some assurance from people like you would help...I was abused by my live in partner physically and psychologically. We have a son.He is married but they separated (not legally though long ago). I have filed for a case in fiscal's ofc and I do have a counsel. But apart from my counsel's advices I would like to get perspective from people like you sir who has good knowledge on RA 9262 cases.What normally is the duration resolution if the case would go to court? What could be the possible show stoppers for this case not to be considered valid? In my case I have hard evidences. I submitted medico legal reports for the physical abuses and I have also submitted a police report when this man once verbally asaulted me on the street. His last rejoinder, he questioned my psychological state and even mentioned about my fatal attraction to him. But I myself find them flimsy and mere excuses. Though I am so anxious. I cannot seem to go on not knowing we already have this in court. I am afraid Christmas will come and the resolution would still not be ready. I want to live a completely peaceful life. And this is constraining me to achieve that.I think I also need PPO but with the length of time this case takes to formal court, I seem to be in a more vulnerable situation. Thank you very much Sir.

Atty. Gerry T. Galacio said...

I already answered your questions by e-mail.

Anonymous said...

My ex girlfriend slapped me with a clenched fist when a tried to have a conversation with her. She kicked me on the chest for trying to ride a tricycle beside her.

She filed a case against me at our local police citing violation of RA 9262 for allegedly slapping her while I tried to hold her hand to protect myself from being slapped again.

Will it be possible that the case against me be dismissed by the court?

Atty. Gerry T. Galacio said...

The court can dismiss the case if (1) your ex-girlfriend files an affidavit of desistance; or (2) she is not able to prove her charges against you.

Anonymous said...

I had been suffering long years being emotionally battered. Labeled as dumbel and good for nothing and so on and so on. Not only that but also fiercely beaten by my husband. At last on July of 2006, I was able to gather all the courage in the world to sue my husband for RA 9262. Luckily, i was able to get a protection order from the court. Unluckily, our conjugal house was awarded to him. This was a big question for me. It was also agreed that my husband must provide at least 5,000.00 pesos to my children. We had three but only two went along with me. For two years, he had been giving his children 3,500/month. There are some months he will not provide because he says, he spent for the kids whenever they go out with him. Is this fair? Moreso, he has a partner at present and even encourage my children call her tita who he already presented to his family.

Atty. Gerry T. Galacio said...

Since your husband has not complied with the court order on financial support, then you can file against him and/or his employer a petition for contempt of court. This is provided for by RA 9262.

As to the reason why the conjugal house was awarded to your husband, you have to consult the lawyer who handled your case.

mhay said...

dear atty.
i would like to ask, is it under RA9262 that brother is not able to support his son? actually he is giving a minimal amount to the child because he gets to visit his son but can take him elsewhere. He is very discourage by the way her ex is treating him,so he doesnt give full support.Is there anything he can do so he can be given much longer time with his son?
Your blog is very informative by the way. thank you and God Bless you.

may

Atty. Gerry T. Galacio said...

Mhay,

I will presume that the child is legitimate. The issue of support and custody should be separate, meaning, the father under the Family Code should provide the appropriate support despite the problem of custody or visitation times. On the other hand, the mother should not deny custody or visitation rights if the father is not providing proper support. If the parents cannot agree on the amount of support or of the times when the father gets custody or of visitation times, then they have to ask the Family Court to settle these issues between them.

mhay said...

Dear Atty. Gerry,

Thank you for your prompt reply, I pray that this can be settled as you advised, the situation is becoming worse. The child is actually illegitimate, so I am very much conccern of my nephew.
Again, thank you and God Bless you.. may God continue to guide you so that you may help more people.

Atty. Gerry T. Galacio said...

Mhay,

Since the child is illegitimate, the man only has visitation rights. Parental authority (which includes custody) belongs to the mother, even if the child is using the father's surname. Please read my article "Visitation rights over illegitimate children" (look for the link in the sidebar).

To prevent the filing of an RA 9262 case for not giving support, the man should at his own initiative file a case with the Family Court asking it to settle the exact amount of support he must provide and the schedule of his visitation times.

Anonymous said...

good day sir,
i have a question about the rights of my daughter who is now 13y/o..while growing up she did not received any financial help from her dad, we are not married..we moved away from him when my kid was only 2y/o..he can easily know our whereabouts if he wanted to because our relatives are still in manila and he knows them well..last year my daughter requested to see his dad and they did. he still does not give his daughter continous financial support..
pls. tell me what to do first..thanks so much

Atty. Gerry T. Galacio said...

Please read my post titled “Support for abandoned woman and family” (look for the link in the sidebar).

Anonymous said...

good day sir..thanks so much for this very informative site it helped us common people to understand our rights..more power.

Anonymous said...

good day sir, i have a question i am pregnant now my bf wants to abort my baby but i cant abort my baby.i just pretend that that was also my plan and he gave me money to buy pampalaglag but instead buying that i went to my OB-GYNE for checkup and untrasound and buy some vitamins and pampakapit because i had spotting before that,when i found out that i might loose my child i told my bf that if he wont help me buy medicines i will tell his parents that i am pregnant but he just ignore me then i text his mother anf told her my situation but she replyd: kaung dalawa magusap labas kami jan,then my bf texted me: masaya kana? la nkong pakialam sayo la ka ng makukuhang tulong sakin! until now that i am 4 months pregnant i still dont gt anything from them,i keep on texting him but he just keep on saying la na tau paguusapan la nako paki sainyo! Do i have chance to win the case if i file RA 9262 against him?

Atty. Gerry T. Galacio said...

Yes, you can win an RA 9262 case against your ex-boyfriend. RA 9262 applies even to people who are not married. Your options are to file (1) a civil case for damages with Protection Order for support; (2) a criminal case for psychological violence or sexual violence with Protection Order for support; or (3) simple a Protection Order for support.

Essentially, through a Protection Order, the court will order your ex-boyfriend and his employer to set aside a certain percentage of his salary to be remitted directly to you and your coming baby on a monthly basis. If your ex-boyfriend and/or his employer fail to do so, they can be held in contempt of court (meaning, they can be fined or be imprisoned by the court).

You can ask for free legal help from the PAO (Public Attorneys Office) or from the IBP (Integrated Bar of the Philippines) chapter in your town or city. The IBP chapter offices are usually located in the Hall of Justice of cities. You can also try to get free legal help from the OLA (office of Legal Aid) of the UP College of Law in Diliman, Quezon City.

The DOJ Action Center also acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your locality.

Anonymous said...

thank you so much sir sobrang nagkaron ako ng hope para mapaglaban un karapatan ng baby ko...sir,i have a follow up question what if my x boyfriend is still studying right now?graduating palang sya this march 2009 and ang sabi ng parents nya student palang sya wala syang mabibigay na support sa bata and sabi pa nila hindi pa naman lumalabas yun bata bakit kailangan kna ng suporta buntis palang naman ako.ang hinihiling ko po na magbigay sila sakin ng tulong pampacheck up and vitamins namin ng baby dahil dko naman po kaya magwork kasi maselan ang pagbubuntis ko..un pagiging student po ba nya and un pagbubuntis ko pa lang eh excuse for him not to gve me any support?

Atty. Gerry T. Galacio said...

What you should do is to file a criminal case of psychological violence under RA 9262 against your ex-boyfriend. The penalty is six years imprisonment up to twelve years maximum if the act of violence is done while the woman is pregnant or in the presence of the children.

Together with the criminal case, you should include a civil case for damages AND a petition for Protection Order for financial support. You are entitled to support even at this point in time because of your pregnancy.

This will pressure your ex-boyfriend to find the means (from his parents for example) to support you in your pregnancy. If he refuses to still help you, then pursue the criminal case against him. If he gets convicted, he will also be required by the court to pay damages to you.

Anonymous said...

sir sobrang thank you malaking help un para sakin sobrang hirap na hirap na po talaga ako sa situation ko ilan beses na po ako nagtetext sakanya na makipagusap sakin at tulungan ako sa pagbubuntis ko wala talaga syang ginagawa.ang dami ko ng text na pangongonsensya at pagsusumbat dahil talagang wala na syang pakialam pero wala parin ni di man makipagusap ng kusa yun pamilya nila sa amin kahit alam na nahihirapan ako na suportahan mga vitamins ko.nagfile napo ako ng kaso hintayin ko nalang daw po yun subpoena matagal po ba un? salamat po talga GODBLESS!

Atty. Gerry T. Galacio said...

Are you referring to a case filed with the fiscal’s office? You can verify with the Administrative Office of the city fiscal’s office as to the name of the fiscal assigned to your case. Then talk to the fiscal’s secretary and find out what the dates are for the preliminary investigation.

A fiscal is given a mandatory period of sixty days from the time he receives the records of the case to finish his investigation and issue his resolution.

Please take note that RA 9262 cases are not under the Barangay Justice system. meaning, you do not have to go through barangay conciliation; you can go direct to the fiscal's office. You can also ask help from the nearest PNP station Women's desk in filing a case.

Anonymous said...

thank you sir I've already received a subpoena and we are scheduled on march 24, i just want to ask what if my x boyfriend tell the bad things about me like this is not his child,etc. f DNA testing is the only way to prove that this is his child does it mean i have to wait to gve birth before i can receive financial support from him? thank you sir.. GODBLESS

Atty. Gerry T. Galacio said...

You have options of filing under RA 9262 a civil case for damages with protection Order, OR a criminal case with damages and Protection Order, OR simply a Protection Order. You should not simply file a Protection Order for financial support. You should either file a civil case for damages OR a criminal case.

RA 9262 provides that a woman can file a case against the man even if the sexual relationship did not result into a pregnancy.

Other evidences you can submit in a civil case for damages or a criminal case would be testimonies of your friends and acquaintances who knew about your relationship, letters, e-mails, pictures, etc.

Anonymous said...

I know that this may not be the right forum to ask about my predicament...

the list of acts of violence against women and children happens to me. Yes I am a man.

I get punched, kicked, shouted at by my wife whenever we argue. she's the one that causes me mental torture and anguish. I sleep on the floor inside the bodega every night. If I try to talk to her she punches me. We work together so now she threatens to stop working on the projects and tell me to do all of it by myself. If she doesn't cook. I do not eat. she deprives me of my children. the sad part is my son witnessed our argument. she conditioned him that i hurt her. he's sticking to that story because of fear from his mom. and yes we all still live in the same house.

now to make a long story short...shes going to file ra 9262 against me.

is there a way to protect myself from this law or to get the protection order against my wife?

and what are the possible remedies that I can do to protect myself and my children. I suspect that she is bi-polar.

thanks in advance

Atty. Gerry T. Galacio said...

The Supreme Court, in an administrative case against Makati City Family Court Judge Evelyn Arcaya-Chua, ruled that RA 9262 and its provisions on Protection Orders cannot be used against a woman. In the celebrated case of Plinky Recto and her illegitimate child, a trial court judge issued a Temporary Protection Order against her, granting custody to the father. The Supreme Court however has set aside that TPO.

In the RTC of Antipolo City, a husband sued his wife in behalf of his minor children using RA. 9262 and got an ex parte TPO from a female judge. There is also a pending case in the Court of Appeals (Cebu) questioning the constitutionality of RA 9252.

In view however of the SC ruling in the cases of Judge Chua and Plinky Recto, the prevailing rule is that RA 9262 cannot be used against a woman.

What options are open to you? You can file, as countercharges against your wife, complaints for physical injuries under the provisions of the Revised Penal Code (not RA 9262). With regards your children, you can file against your wife a petition for suspension or termination of parental authority with a prayer (request, in layman’s terms) for custody of the children while the petition is pending.

Anonymous said...

sir,
ask ko lang po kung ano po bang counter case and pwedeng isampa sa akin ng ama ng anak ko? nag-email kasi ako sa kanya na mali yung sinabi nya sa akin na wala akong karapatang mareklamo sa kanya dahil mistress nya lang ako. I informed him about the RA9262, then sabi nya kung iyon daw ang gusto kong gawin, gawin ko daw. Later i found out thru his officemate na kinausap nya yung attorney nya and masaya pa daw ito kasi lalabanan daw nya ako kaso sa kaso.. ano po bang pwede nyang ipanglaban sa akin? pwede ba nyang gawing evidence sa akin yung e-mail message na yun? syanga po pala, hindi nakapangalan sa kanya ang anak namin.. may habol po ba ang anak maski ganun? kinikilala naman na sya ngayon ng ama nya na anak nga sya nito.. tama po ba na pupuntahan ko na lang yung kinakasama nya ngayon at kausapin ito na huwag harangin yung sustento ng anak ko?

Atty. Gerry T. Galacio said...

The best option is for you to obtain a Protection Order for financial support under RA 9262. If your child’s father does not recognize him, then you will have to file a petition for compulsory recognition coupled with a prayer for the issuance of a Protection Order for financial support. As to how you can prove the illegitimate filiation, please read my primer on illegitimate children (look for the link in the sidebar).

You can also file a criminal case of psychological violence under RA 9262 against the man. The penalty is six years imprisonment minimum.

grace said...

hello Atty. - My husband refuses to provide financial support. he is living with us. He has work but he is receiving less compared to my salary. he keeps his salary and whenever i ask money because I believe he should be shouldering some expenses in the household, his answer is always "I dont' have money". I can understand that he can only afford a certain amount but not to totally disregard his obligation to the family.can i take legal action? we have 2 kids, 17 & 12.

Atty. Gerry T. Galacio said...

Grace,

Please read my post titled “Support for abandoned woman and family” (look for the link in the sidebar). The post outlines the steps for getting a Protection Order for financial support.

amanda said...

sir, kailangan ko pa ba talagang hintayin yung final hearing with the captain sa barangay kung saan nakaresidente yung father ng mga anak ko? kasi parang pinatatagal nila yung hinihingi kong Certification to file action mula sa kanila. Sabi sa akin hindi daw ako pwede mag-file ng case hanga't walang certification. Ano po bang dapat kong gawin?

Atty. Gerry T. Galacio said...

Amanda,

You can immediately file the criminal complaint for RA 9262 with the fiscal's office even without a certification to file action in court ("Katibayan ng pagdulog sa hukuman"). RA 9262 cases are NOT covered by the barangay justice system.

The barangay officials you are referring to are grossly ignorant of the law. You should file administrative cases against these officials with the Office of the Ombudsman.



For free legal assistance, please contact the DOJ Action Center. The DOJAC acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila; Telephone no: 523-84-81; Email Address: dojac@doj.gov.ph or visit any Regional/Provincial/City Prosecution Offices in your town or city.

amanda said...

thank you po sir, nakakahalata na kasi ako sa mga kagawad dun sa kanila na pinatatagal yung hearing. nagiging paraan po ito ng father ng anak ko, gustong pa ring makipag-areglo sa akin na pumayag na daw ako sa 2K/month na ibibigay nya kasi kung tutuusin daw malaki na daw yun kesa sa partition na gagawin ng korte. Ano po ang dapat kung gawin pa? pls. help po.. thanks.

Atty. Gerry T. Galacio said...

Amanda,

Go to the nearest PNP station and look for the Women’s and Children’s Desk officer. File your complaint there and the desk officer will endorse your complaint to the fiscal’s office. Take note however that some PNP officers are not familiar with RA 9262.

OR, go to the PAO (Public Attorney’s Office) in your town and city and ask for help in filing an RA 9262 case. The PAO will help you execute a complaint-affidavit which will then be filed with the fiscal’s office.

OR go to the DSWD in your town and city and ask for help in filing an RA 9262 case.

Whether barangay officials, PNP officers, PAO lawyers or social workers, they are not allowed to mediate RA 9262 cases.

janet said...

Atty,can i ask for financial support from my husband even if we dont have a child? I resigned from my job because he told me to do so. Now im trying to find a job but unfortunately im overage.

Atty. Gerry T. Galacio said...

I will assume that you are now separated from your husband. Yes, you can ask for support even if you do not have children.

The better options however are to:

(1) disinherit your husband (read my post on this topic; look for the link in the sidebar);

(2) file a petition for the judicial separation of your property; and

(3) file a civil case for damages under RA 9262 against your husband.

If you file a petition for legal separation, numbers (1) and (2) will be included in that petition.

janet said...

Thank you Atty for the response. I have a follow up question, why do i need to disinherit him? The fact that im jobless, i dont have properties of my own.

Atty. Gerry T. Galacio said...

Janet,

Are you planning to be jobless for the rest of your life? One of these days, you will find some kind of employment despite your age, and start have savings.

Our Solo Parents Law provides some amount as “seed capital” for some kind of livelihood or small industry. If you work hard, then someday you will have your own properties.

Anonymous said...

good day sir! ask ko lang po kung pag nanganak na po ba ako pwede ko po ba gamitin un surname ng father ng baby ko para maging legitimate child sya kahit hindi pumirma sa birth cert un father nya kasi hindi pa po tpos un case na file ko against my x boyfriend na RA 9262 sa july na po kasi expected date ng panganganak ko eh sa june23 dun plng magddecide un fiscal bout sa case ko.pwede ko po ba isunod sa last name nya un lastnme ng baby ko?or un lastname ko parin?d po kami kasal ng x boyfriend ko. salamat po

Atty. Gerry T. Galacio said...

Article 164 of the Family Code states that “children conceived or born during the marriage of the parents are legitimate.”

Therefore, if you are not married, the child will be illegitimate EVEN IF the father signs the birth certificate. Even if the child will be using the father’s surname under RA 9255, the child will still be illegitimate.

Anonymous said...

Hi Atty,

Last Feb. 2009 i gave birth to my baby girl and I filed a case against my x-bf ref. RA 9262. It is now under the fiscal office and we agreed to conduct DNA testing. This July 1, will be the next hearing but unfortunately DNA testing was not yet done. They have asked me already as to our availability for DNA sampling. My concern is that I'm out of the country and will not be available until end of July. What will happen to our case if i will not be able to sumbit myself for DNA testing? Anyway, i will be back end of July. Will the case be possibly dismissed?

Atty. Gerry T. Galacio said...

What exactly is the nature of the RA 9262 case you filed against your ex-bf?

Through your lawyer or somebody who can represent you, you can ask the investigating fiscal to “archive” (to set aside the case in the meantime) while you are unavailable. But July is just next month, so you can just request the fiscal for a resetting.

Even if the case is dismissed by the fiscal for your non-availability, this will not prevent your from re-filing the complaint.

Anonymous said...

Hi Atty,

Thanks for prompt reply. RA 9296 section 5(e) 2 & 3 and (i). Actually, we had our 1st hearing at the fiscals office last april 22and it was reset twice already but those resetting was on their request.

On my affidavit i said that we are willing to undergo DNA testing. But on my situation right now,(Have to work abroad to financially sustain my babys needs) i wont be available anytime they want to have the DNA test. This things had cause me a lot of pain & suffering emotionally and psychologically.

I really wanted this case to finish and have my peace of mind.
What are the chances that we will win this case? Should i pursue the case in court or have a settlement made?

Anonymous said...

Once the result of DNA is positive in case we will have settlement around how much can i asks for settlement? Since the day i conceive my x-bf didnt give anything up to date.

If i will pursue the case, what will be his punishment and can i still ask for damage done?

Thank you so much.

Atty. Gerry T. Galacio said...

Like I said, you can ask the fiscal to archive the case until the time you can get back and undergo the DNA test. I think it is also possible that your father or mother can be the one to be tested instead of you. The way I understand it, each person’s DNA contains that of his father and mother. Your child’s DNA can be traced through your parents, I think.

Moreover, since the purpose of the DNA test is to establish whether your ex-bf is the father of your child, I don’t think you yourself need to be tested. The DNA test can be done only on your child and your ex-bf.

You will have to clarify these things with the institution that will conduct the DNA test.

As to the penalty for a criminal case under RA 9262, “psychological violence” carries a minimum penalty of six years imprisonment up to a maximum of twelve years when the act of violence took place when the woman was pregnant or in the presence of the common children.

As to a settlement, you can opt for a one time payment or settlement. That is up to you. If and when the guy offers a monthly allowance as settlement, I will not recommend that you accept it since he can easily disregard it. It will be much better if you go through the case, and then when it is already filed in court, you can ask the court to issue a Protection Order for financial support.

Under RA 9262, an abused woman can file a) a civil case for damages with Protection Order; (b) or a criminal case where the civil aspect of damages is included, with Protection order; or (c) a Protection Order only.

If your criminal complaint is filed in court, according to the rules, the civil aspect (meaning your claim for damages) is automatically included. Your ex-bf can therefore be convicted of the crime and at the same time be ordered to pay damages to you. The damages include actual (in terms for example of medical expenses if you incurred them, fees for your lawyer, etc), moral (sleepless nights, worry, anguish, etc), exemplary (so that people will not follow his example), etc.

Anonymous said...

Thank to you so much Atty. for your advices. It really help me a lot.

For clarification, when the case is still in the fiscals office does it mean that it is not yet in the court? If we will have settlement thru the fiscal is it official like you said about civil aspect (damages etc.)

Atty. Gerry T. Galacio said...

The fiscal conducts the preliminary investigation to determine whether is probable cause for the filing of the complaint in court. If he finds that there is prima facie evidence that an offense has been committed, then he issues the proper resolution and the information charging the respondent with the crime. While at the fiscal’s office, the complaint is marked by the initials “I.S.” which stand for “Investigation Slip.” You always use this IS number when following up your case with the fiscal. When the case is filed with the court, then the IS number is replaced by “Criminal case no.”

If the fiscal finds that there is no prima facie ground for filing a case, then he issues a resolution dismissing the complaint.

If you come to a settlement, then the fiscal will ask you to submit an Affidavit of Desistance (or a Motion to Dismiss the Complaint). Afterwards, the fiscal will dismiss the complaint. This is why I said, that you should pursue the case in court. Let the court issue Protection Order for support or award civil damages to you.

Anonymous said...

Thank you so much Atty. Gerry,

Now i feel more relieved and informed on what I should do. I'll be in touch soon since I'm going home for the DNA testing.

As for the pursuance of filing the case in court, I really wanted to pursue but someone told me that it would be difficult for me to pursue the case in court since I am out of the country. I should physically be present during hearings since Im the victim and main witness. Aside from the DNA result, what are the other evidences that I should submit to prove that he commited the offense?

Thank you in advance & more power to you.

Anonymous said...

Is abortion illegal and what are the penalty?

Atty. Gerry T. Galacio said...

Your lawyer has the complete control on how to prosecute this case. Please consult him on what other evidences you can submit to the fiscal.

Atty. Gerry T. Galacio said...

Abortion is illegal under the following articles of the Revised Penal Code:

Article 256 Intentional abortion

Article 257 Unintentional abortion

Article 258 Abortion practiced by the woman herself or by her parents

Article 259 Abortion practiced by a physician or midwife and dispensing of abortives

The penalty ranges from prision correcional (6 months and one day to six years) to reclusion temporal (12 years and one day to 20 years).

Anonymous said...

Hi Atty. Gerry Galacio,

Thank you so much for having this site. It really helps a lot of people.

Is it possible to pursue a case in court even if the complainant is outside the country?

More power and God bless

Atty. Gerry T. Galacio said...

Violation of RA 9262 is a public offense. This means that anyone with knowledge of the facts can file a civil case for damages, a criminal case or a Protection Order. Even if the abused woman cannot file the case for some reason (like being abroad), anybody else can file the case in her behalf. But it might become necessary for the woman to return here to provide evidence of the crime or to testify.

Anonymous said...

Magandang araw Atty,

Maari po bang makahingi ng advice? Ako po ay namamasukan dito sa ibang bansa. Kinasuhan ako ng aking asawa mahigit isang taon na ang nakakalipas at ito ngang RA 9262 ang pinasa nila. Nagfile cya ng Affidavit of Desistance early this year pero denied. Desidido na raw cyang i-urong yung kaso kaya lang eh di nya alam kung ano ang dapat gawin o kung ano ang dapat na ilagay sa Affidavit of Desistance nya.

Marami pong salamat.


Sumasainyo,

Broken Soul

Atty. Gerry T. Galacio said...

Broken Soul,

Your wife should consult her lawyer as to how to properly file an Affidavit of Desistance. If your wife is being represented by the fiscal (public prosecutor), she should ask the help of the PAO in executing the desistance. She should then talk to the fiscal about filing the desistance with the court.

SEL said...

Good day Sir. Thanks for your many help on my previous inquiries. I actually have followed you advise to file motion to resolve for my complaint which is due for resolution for over a year already but still another month and I never have received the resolution. In the motion to resolve I copy furnished the DOJ Justice Secretary and court admin and the respondent...How else can I follow this up as I'm really bothered here someone is holding the document so the case would not progress...Thanks so much Sir and God bless always!

Anon said...

Good day sir.

My sister filed a case on RA 9262 against her husband and father of their son. unfortunately it was expeditiously resolved by a lady prosecutor by recommending the dismissal of the case for lack of jurisdiction. Here are the circumstances of the case.

After their marriage here in our place. My sister went back to Cebu to manage their business while my sister stays with mother who gave her financial support while her husband is in Cebu. After few months of staying with my mother and receiving a little support from her husband, my mother insisted that my sister live with her husband in Cebu. Strangely my sister's husband insisted that she live with my mother. My sister being pregnant went to Cebu and live with her husband until she is about to deliver their son. Since her husband is busy with their business, my sister decided to go back to our place to deliver their son. Some time in October last year, the strange behavior of her husband came again when he insisted that my sister should only stay in our place and He in Cebu. Only to find out later on that her husband is having an affair with another woman in Cebu. They quarreled on this issue, and even the other woman sent text messages that would prove their relationship. Her husband came to our place and took my sister and their son to Cebu. In Cebu, her husband would only visit their rented place for about two hours and would never sleep with them. My sister with her son decided to go back to our place. Early this year, my sister tried to salvage their marriage and went again to Cebu. But still her husband would only ignore them.

So my sister decided to file complaint against her husband but was only dismayed to find out that her case was recommended for dismissal by a lady prosecutor at that.

My questions are :
1. Is the prosecutor right in her premise that the crime was committed in Cebu so her office does not have jurisdiction over the case?
2. How about the civil liability of the respondent, Isn't it true that Civil nature of cases can be heard in the court of the complainant's choice?

Sir, Please enlighten us in this case. Thank you, more power and God bless.

Atty. Gerry T. Galacio said...

Anon,

1. You did not indicate as to where your sister filed the case. You also did not indicate exactly what criminal case she filed (physical violence? psychological violence?)

The dismissal of the case for lack of jurisdiction does not prevent your sister from re-filing the case in Cebu. Rather than possibly wasting your sister’s time in fighting the issue of jurisdiction, your sister should just re-file the case in Cebu.

2. The rules on venue regarding RA 9262 cases are the following:

RA 9262, Sec. 7 states: “The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.”

RA 9262, Sec. 10 states: “Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.”

On the other hand the Implementing Rules and Regulations of RA 9262 Section 10 states: “The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of VAWC under the Act. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.

Section 15 of the IRR also states:
“Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. Hence, it may be filed in the barangay where the victim-survivor/ petitioner is located or resides.

If the parties reside in different municipalities or cities, the Punong Barangay or any kagawad of the barangay where the victim-survivor resides shall assist the victim-survivor/applicant in filing an application for a Protection Order from the court within two (2) hours from the request.

The place of residence or location of the victim-survivor/ petitioner may include the place where the victim-survivor temporarily resides or where she sought refuge/sanctuary to escape from and avoid continuing violence from the respondent.”

3. If filed separately from the criminal case, a civil case for damages can be filed in the town or city where the complainant resides.

Atty. Gerry T. Galacio said...

SEL,

Please read my post on RA 9485 Anti-Red Tape Act of 2007 (look for the link in the sidebar). By late August or early September, RA 9485 will become fully effective. You can file charges against the investigating fiscal and the head of the office (the City Prosecutor) if they delay any further the resolution of your complaint.

JBTimmo's Momma said...

Atty Galacio,

I received the resolution after 9 months and it is in my favor. Thank God. The wheel of justice will start rolling. I hope to completely get it soon. Many thanks to you Sir.

SEL

Anonymous said...

good day sir..

I admit im a jealous wife, i love my husband that much.Weve been married for almost 11 yrs.we had 3 children.2006,he decided to work abroad,everything was doing ok that time..we do fight on some petty things.Last year, i joined this fanclub and at some point i usually attends their functions.But when he knew it that i was attending this groups functon,he kept on calling me and checking me up but there was a time when he made a letter for me and he posted it at the groups website. He said so many below the belt words about me..and i felt i was humiliated.i cried at it.. i got mad at him i said to him to retract the letter..he said he cant so i asked him maybe you're not the one who made the letter but he keeps on telling me that he's the one who made it.So i didn't do anything about it i just told to myself that i want to make his life more miserable becoz of the humiliation he did to me.Last july 20,09 i decided to go to the barangay to blotter my husband for what he did to me..but the case i filed was "paninirang puri"..my husband was not here at the moment he was onboard so he cant make a subpoena.
I was thinking of filing him a case under RA 9262 nxt yr when he comes home..If i file a case nxt yr does i still have the right to get a financial support from him for my kids?
My kids aged are 10,8, and 3 yrs old.And how long is the duration if i file a case..coz i was thinking of holding his departure.Normally when he goes home,it took him 2-3 months vacation before to go onboard again....thanks

Atty. Gerry T. Galacio said...

In terms of legal actions, you can retain the services of a lawyer who can file the RA 9262 case against your husband. In terms of support, please read my post on support (look for the link in the sidebar).

“I admit im a jealous wife, i love my husband that much.”

If you read the Book of Proverbs in the Old Testament, you will find a lot of verses about the negative things that jealousy can do, like destroy a marriage for example. The Book of Proverbs also says that life and death are in the power of our words.

The thing you have to ask yourself is, as the idiomatic expression puts it, “Is this the hill you want to die on?” Meaning to say, do you really want to end your marriage over these things? Your kids are 10, 8, and 3 yrs old. Seek marriage counseling instead of legal actions to save your marriage. You and your husband (or you alone) should seek counseling. Please try to contact Ptr. Clem Guillermo and his wife, well-known marriage and family counselors, through their nightly radio program “Heartline” aired over DZAS 702 Khz, 10:30 to 12. I think the DZAS tel. no. is 92-11-52. Its website is http://www.febc.ph/stations/dzas/index.html . Ptr. Clem’s office is in the Back to the Bible Building, corner of West Avenue and EDSA (opposite SM City North EDSA).

Anonymous said...

Hi Atty. Gerry,

From the previous post, you have advice to pursue the case in the court and let the court issue PO and award civil damages etc.

In terms of monetary, how much could be the maximum amount the complainant could ask for damages?

If the respondent be convicted of the crime and be in jail, is he still oblige to pay for the damages? What if he cannot pay since he will be in jail, what will happen then? Does his parents or other family members be ordered to pay on his behalf?

Hope you could enlighten me on this.

Thanks

Anonymous said...

helo sir..i just want to verify things legally bout my children status..we have 3 kids and were married.im presently here at cagayan de oro but he's in northern samar..we have notarized a sign agreement of 3K a month since he got his job new at that time..his a college teacher..but now,i was informed that he had a salary loan payable for 2yrs.and almost 500 less is the only left in his salary..I wanted to file a criminal case 9262..but since i applied a work abroad,im afraid i cant pursue the case..how can i let him worried for what his doing for our kids?even if his son get sick,he dont care and most of the time he wrong send his text messages to someone he is courting..
please advice me sir..im just afraid that i might lost contact to him if i leave already and finish my 2yrs contract before i file a case...
kindly reply to my email po..thanks sir..pls help me..
my email add is jan_dee31@yahoo.com with cp #09068303979
thank you sir and Godbless..more power and thank you for being there to give and assist legal advices,...
mhar

Atty. Gerry T. Galacio said...

Mhar,

I will not e-mail you since I do not have any assurance that the address you gave is yours. My free legal service is via e-mail or through posting in this blog, and not by cellphone.

Please read my post “Support for abandoned woman and family” (look for the link in the sidebar). I outlined there the steps in getting a Protection Order for financial support. If you are already working abroad, any person who knows the facts (including your parents, your children represented by a guardian, barangay officials, etc ) can file the petition for Protection Order.

Atty. Gerry T. Galacio said...

It is not a question of how much or what the maximum is that a person can ask for damages. It is a question of what the person can prove as to the damage he or she suffered. Kinds of damages are actual (for example, hospitalization expenses, attorney’s fees, etc), moral (emotional anguish, sleepless nights, etc), exemplary (so that other people will not follow the offender’s example).

As the Supreme Court has ruled, damages are not meant to enrich the complainant. In a physical injuries case, the usual monetary amount awarded is only five thousand pesos.

The court sheriff will execute the award for damages against the person, in terms of his personal and real properties, bank accounts, salary, etc. His family or relatives cannot be ordered to pay in his behalf.

Anonymous said...

Hello Atty.

I read all the comments and didn't read about cases filed against somebody who's outside the country under the same grounds (abuse for women).

My sister's husband is in Quatar and has been making grave threats and verbal abuse through text messages and also by calling through our landline.

Is it possible to file a case against him and hopefully acquire a restraining order even if he's outside the country? Is there any way that the Philippine Law can prohibit him from entering the Philippines? He has been making grave threats to all members of the family as well.

Please advise.

Thank you.

Atty. Gerry T. Galacio said...

Our laws did not anticipate the long-distance telephone calls, text messaging, or the Internet where can grave threats, verbal abuse, etc can be made across national boundaries. Such threats and verbal abuse can be subject of complaints based on the Revised Penal Code and RA 9262 but since the man was outside the Philippines when he committed them, it is doubtful if such can be filed since he was outside the jurisdiction of our courts.

As of now, you can warn him that you are recording everything that he is saying and doing, and having them blottered with the police and barangay.

If and when he does come back to the Philippines and he repeats such threats and verbal abuse, then you can file the appropriate cases against him. There is no law or case filed that can prevent him from coming back to the Philippines.

Anonymous said...

Hi Atty. I got a letter from the fiscal office, that the case RA 9262 is already filed in regional trial court. Can I still file an Affidavit of Desistance if I don't want to pursue the case anymore? Or if not Desistance, what should I file? And what documents do I need in order the case to be drop. Thanks and God Bless. Hoping for your quick response.

Atty. Gerry T. Galacio said...

You need to talk to the fiscal (public prosecutor) assigned to the court where your case was raffled to.

Take note of the IS number of your complaint and then then go to the OCC (Office of the Clerk of Court). The OCC will tell you what RTC branch your case was raffled to. From that RTC branch staff, you can find who the fiscal is for that court. Talk to the fiscal about filing an Affidavit of Desistance.

The procedure is that the arraignment will still push through. Then the fiscal will inform the judge that a desistance has been filed. The judge in its discretion can ask you to take the witness stand and ask you why you are desisting from pursuing the case.

Anonymous said...

Hi atty.

I'm humbly asking your assistance with regards to the RA9262....
What are the basis of the a judge in deciding a case if the accused filed a motion to quash, and that motion will be denied?
Because the accused contending the RA 9262 does not provide for "marital infidelity" but rather "mental Infidelity" hence, according to the accused, there is no crime of "marital infidelity" under RA9262....
Thank you so much po....

May God bless you....

Atty. Gerry T. Galacio said...

If the Motion To Quash is denied, then the case will proceed with the arraignment, then with the pre-trial and then to trial proper.

It is true that the phrase “mental infidelity” appears instead of “marital infidelity” in the original copies of RA 9262. First, this is clearly a case of a typographical error. Second, a basic principle in Statutory Construction is that “the law did not intend to create an absurdity.” Third, the crime under RA 9262 is not "marital infidelity" but "psychological violence" which is wide enough in its definition to include infidelity.

Moreover, if RA 9262 really meant "mental infidelity" this should really scare and not give comfort to the accused.

Anonymous said...

Hi Atty.

What are the basis of psychological violence? Is denying and being doubtful that the guy is the father of the child could be a form of psychological violence? What are the other example of psyhological violence?

Anonymous said...

gud day atty,
i filed a case RA 9262 against my x boyfriend and we are just waiting for the resolution from the fiscals office, my xbf refuse to give me financial support for my pregnancy because i refuse to abort the baby and because i told his parents about my situation,and up to now after i gve birth he didnt gve me any support even for my baby.i dont have work right now and it is so hard for me to support my baby so i decided to ask his mother to atleast help me buy milk and diapers but she ask me not to pursue the case if i wont do that he wont helpme so i told her i will file affidavit of desistance,if i will file affdvt of desistance can we make an aggreemnt (written contract) that they will provide financial support for my child 10,000 monthly and if they will,i will file affidavit of desistance? thank you somuch

Atty. Gerry T. Galacio said...

Lesley,

You should not have used your real name to post your comment. I deleted your post to protect everyone's privacy (yours, your husband's and the other woman's).

Please e-mail me instead OR I will post my reply here in a few days' time.

Atty. Gerry T. Galacio said...

1. You should pursue the RA 9262 case against your ex-boyfriend. You do not have a guarantee that once you file that Affidavit of Desistance that your ex-boyfriend’s family will continue to support you.

If you do not have a lawyer representing you in the preliminary investigation being conducted by the fiscal, you should ask for free legal help from the Integrated Bar of the Philippines (IBP) chapter offices in your town or city. The IBP chapter offices are usually located in the Hall of Justice. Besides the IBP, you can also try to ask for help from the OLA (Office of Legal Aid) of the UP College of Law in Diliman, Quezon City. The San Beda College of Law in Mendiola, Manila also has a free legal clinic.

2. You can try availing of the benefits of our Solo Parents Welfare Act through the DSWD in your town or city.

Atty. Gerry T. Galacio said...

To learn more about what psychological violence is, please read my post “Hope and help for the battered woman (4): Emotional abuse / psychological violence” (look for the link in the sidebar).

Atty. Gerry T. Galacio said...

Lesley,

RA 9262 is applicable to women and their children only. You and/or your husband cannot use RA 9262 against this woman.

You and/or your husband may resort to filing a civil case for damages (based on the New Civil Code provisions on Human Relations) or appropriate criminal cases (like coercion) against the woman. But by becoming involved with this woman, your husband has placed himself in a legal mess. Even if your husband is able to prove through a DNA test that the child is not his, the woman can still file RA 9262 cases against him. The law provides that a case may be filed even if the sexual relations did not result into a pregnancy.

Anonymous said...

may i ask on what particular grounds can this woman sue my husband based on RA9262? if in case she does file a case against him, how can we prove that it was the woman who followed him all throughout? and that even during the time they were abroad, he already insisted to the woman's relatives in the area that they reprimand her from going to his place. i know that the burden of proof is on our part. thanks for your quick response.

Anonymous said...

gudday,
thank you sir, ask ko lng po wat if mgkron po kami ng affidavit under oath pra sa pangangako nla na suporthan ung baby ko ok po ba un?or may posibility na di nla tuparin un agreement na un?sabi po kasi ng iba mtagal po un kaso eh hrap po ako suportahan anak ko sa ngayon kasi wala pa akong trabaho ayko po iurong un case pero naaawa ako sa anak ko..naguguluhan npo ako dko po alm kung irururong ko un kaso or hindi na..ntapos po kasi un prelimnary invstgation nun july pa un na ung last hearing nmn sa fiscal eh until now po wla pa uling subpoena dko po alam kung napasok na un sa court or hindi bka matagal pa po kasi bgo magsimula un.. salamat po uli.. godbless

Atty. Gerry T. Galacio said...

I do not recommend such private agreements since such can be easily set aside or disregarded. This is why I encourage people to file a petition for a Protection Order. Since the order comes from the court, the man will be afraid of not giving the support.

It is true that if the man gets convicted, he will go to jail (unless he is qualified for probation) and he will not be able to support you. This is why instead of a criminal case, you can just file a petition for Protection Order for financial support.

The investigating fiscal only has a maximum of sixty days from the time he receives the records to complete the PI and to issue his resolution. From July up to October, that is 90 plus days already. Talk to the fiscal about the reason for the delay. If he delays again, talk directly to his superior, the City Prosecutor. Or call or go to the DOJ and complain about this fiscal.

Atty. Gerry T. Galacio said...

“Psychological violence” under RA 9262 covers a wide ground. I cannot however speculate on what grounds the woman may possibly use against your husband. The procedure in legal controversies is that once a complaint is filed, the respondent (person complained against) gets the services of a lawyer. The lawyer then studies the complaint and the applicable laws. The lawyer then comes up with what we call “theory of the case” that is, the defenses available, how to proceed, etc.

It is useless as of now to speculate on what the woman might or might not do. You just have to wait until she files her complaint or case.

Anonymous said...

marissa said-

hi! I commend you for taking the time to extend your helping hand to those who badly need it.

I am also experiencing the same problems as most of your followers do. I want to file a case against my husband. I have been a battered wife, and i cant take it anymore. I am having some hesitations, though. I hope you can have the time to answer the ff questions.

1. We are currently here in a country in middle east, that is why i feel helpless. The kids and i are going back to the philippines next m0nth, while my husband will go straight to an0ther country also in ME. Can i file a case against him even if he's out of the country?

2. I am really afraid to take actions against my husband. He really loves the kids and will do anythng to keep them. What assurance can the protection orders give me?

3. All i am after is to get out of the relationshp and n0t to be bothered nor be threatened anymore, and to get the custody of the kids. I do not intend to put him to jail. How can this be possible?

Thanks in advance.

Marissa

Atty. Gerry T. Galacio said...

Marissa,

Under RA 9262, you have options of filing (a) a criminal case together with a Protection Order; (b) a civil case for damages with Protection Order; or (c) as petition for Protection Order only. Under the circumstances, you can therefore either file a civil case for damages OR file a petition for Protection Order (for support and custody, stay away and exclusion).

Since your husband is presently abroad, filing an RA 92562 case against him is a problem since Philippine courts do not have jurisdiction over him. Once he comes back here, you can then file the petition for Protection Order (for him to stay away from you and the kids, for him to be excluded from the conjugal dwelling, for custody of the kids, etc).

You also have the option of filing for declaration of nullity of your marriage on the basis of Article 36 of the Family Code (“psychological violence”) and at the same time asking for a Protection Order under RA 9262. In the petition, your lawyer will indicate the last known address of your husband here in the Philippines. Or your lawyer can ask the court to allow summons by publication.

The following are offices or agencies you can ask help from. The addresses are for Metro Manila but you can try to contact their regional offices (specially the NBI).

Department of Social Welfare and Development (DSWD) Crisis Intervention Unit (CIU) Rehabilitation Unit Tel. No.: (02) 734-8635 NCR Ugnayang Pag-asa, Legarda, Manila Tel. Nos.: (02) 734-8617 to 18

Philippine National Police (PNP) Women and Children’s Concern Division (WCCD) Tel. No.: (02) 723-0401 loc. 3480 Call or text 117 (PATROL 117)

National Bureau of Investigation (NBI) Violence Against Women and Children’s Desk (VAWCD) Tel. Nos.: (02) 523-8231 loc. 3403

DOJ Public Attorney’s Office Women's Desk
Tel. Nos.: (02) 929-9010; 929-9436 to 37

Philippine General Hospital (PGH) Women’s Desk Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

Women’s Crisis Center Women and Children Crisis Care & Protection Unit – East Avenue Medical Center (WCCCPU-EAMC) Tel. Nos.: (02) 926-7744; 922-5235

Anonymous said...

Sir i got married to a German in geRmany and he divorced me 3 years later. We have 2 kids. I am already married now and is living in Phils. Sir we had a divorce contract issued by the court that he will pay me 18k a month until the kids reach age18. He has been doing just that all these years. My questions are:
1. Can I legally oblige him to extend support until 21 since here in the Philippines the legal age is 21
2. Can I legally oblige him to increase agreed amount since cost of living has gone up
3. Ca I legally oblige him to pay for my kids' college education since they are now 16 and 15 years old and is entering college soon
4. If all if the above are legally possible, can I use Ra 9262 to oblige him in case he refuses my polite requests. He is based in Manila I heard and had married a filipina as well.
Thank you and I look to hearing from you soon. Have a good day.
Grace

Anonymous said...

Hello Atty. My friend got married to a divorced German. However their first child was born a two months before they got married. So the child is considered illigitimate during birth so the birth certificate followed the mothers name, although the fathers name was also written. After the marriage they went to city hall to make the necessary corrections on the registered birth certificate. They were given a document amending the childs surname with a notation "legitimized by subsequent marriage". They got married 1994 and child was born 1993.
The questions are:
1. Why are they issued an attachment bearing the the fathers signature instead of issuing a new birth certificate altogether. It is so embarassing to present for example during school enrollment that the child presents a birth certificate bearing his mothers name with an attChment bearing his fathers name
2 when we asked for a nso copy we we given the original birth cert bearing his mothers name. When we asked about the attachment they said they don't have a record of such a thing.
3. When we asked at the nso legal department they said divorced persons getting married before 1993 I think if I remember right is not covered by some law and is therefore not qualified for the automatic legitimation or something to that effect. We were told to hire a lawyer vbecause the parents, or his own father need to adopt him inorder to be legitimated so he can use his fathers name. How can his own biological father adopt him? Is this correct sir ?

Atty. Gerry T. Galacio said...

1. “Why are they issued an attachment bearing the fathers signature instead of issuing a new birth certificate altogether”

The NSO or the LCR does not issue a new birth certificate in cases of legitimation. The only time that the NSO or LCR issues a completely new birth certificate is in adoption.

2. There must have been a problem in the transfer of the documents from the LCR to the NSO. You have to inquire with the NSO or the LCR as to how you can remedy this problem.

3. Legitimation is covered by Articles 177 to 182. Why did the LCR grant the legitimation (annotating the legitimation on the birth certificate) but the NSO refuses to allow the legitimation?

I am not aware of any law which says that “divorced persons getting married before 1993 is not covered by some law and is therefore not qualified for the automatic legitimation”. I need more information on this. You should ask the NSO staff exactly what law they are referring to.

Anyway, the child can use the father’s surname not through legitimation but through RA 9255. This is an available option.

Atty. Gerry T. Galacio said...

Grace,

1. In terms of the Family Code, the age of majority is 18 and no longer 21.

2. The divorce contract provided the terms and conditions of the support for your children. It might be difficult to ask Philippine courts to change these terms and conditions since it is a binding contract between you and your former husband. You have to look at the contract if it provides for exceptions or for proportional increases.

Anonymous said...

Sir
I am a filipina and got married and later on divorced by my Belgian spouse in Belgium. The divorce contract awArded me a monthly alimony together with child support for our child. I re- married here in the Phils 2 months ago and now he claims my alimony stops the moment I got married. Our son is graduating in 2 years time in college and that us the only one that my ex is now paying for. Is thatcorrect... That he can stop
paying his alimony to me? If not, how and which court can I contest it here in our country?

Is the marriage between a filipina and a foreigner contracted in europe for example , legally recognized in our country?
Thank you sir in advance god bless.
Rochelle

Anonymous said...

Good day Atty.
I just got married in Italy to an Italian national. Is my marriage recognized in the Phils or do we have to marry again in the Phils ?

This is my second marriage. I was divorced also here in Italy by my first Italian husband. Will his alimony paid to me
stop because of my new marriage? I am afraid he
might discover and sue
me because until
now he is still sending monthly alimony
thank you very much

from yna

Anonymous said...

Thank you for your reply last oct 30 sir. You said my son can use his fathers surname using ra9255. My question is: will the birth cert. Then be revised to bear the new surname or wil they just issue an attachment or annotation? Thank you sir.

Atty. Gerry T. Galacio said...

[1] Please take note that the use of RA 9255 is for illegitimate children. If legitimation is possible, then the change of surname should be done through legitimation.

[2] The Local Civil Registrar or the NSO will not issue a new birth certificate. It will issue the original certificate with the annotation that RA 9255 was availed of and the new name that will now be used.

Atty. Gerry T. Galacio said...

Yna,

[1] The Family Code follows the principle of “lex loci celebrationis”. This means “if the marriage is valid in the place where it is celebrated, then it is valid here in the Philippines.” There are certain exceptions however like marriage below 18, incestuous marriages, etc.

In your case, however, your second marriage is doubtful legally. First, the divorce from your first husband must have been initiated by him (meaning filed against you). If that divorce was consensual (meaning you agreed to it, or you did not contest it), then that divorce is not recognized here in the Philippines.

Second, after that divorce, you should have filed a petition here in the Philippines for the recognition of the foreign divorce decree. Once the NSO has annotated your marriage certificate with the court order recognizing your divorce, then that was the time you could have gotten married.

Please read my post “Divorce obtained abroad by a Filipino not recognized here” (look for the link in the sidebar).

[2] You have to look at the divorce decree as to the terms and conditions of the alimony payments.

Atty. Gerry T. Galacio said...

Rochelle,

[1] You have to look at the divorce decree as to the terms and conditions of the alimony payments. Even if you can contest it, Philippine courts may not have jurisdiction over the case if your ex-husband is living outside the country.

[2] ”Is the marriage between a filipina and a foreigner contracted in europe for example , legally recognized in our country?”

The Family Code follows the principle of “lex loci celebrationis”. This means “if the marriage is valid in the place where it is celebrated, then it is valid here in the Philippines.” There are certain exceptions however like marriage below 18, incestuous marriages, etc.

Anonymous said...

Hello! Atty. Gelacio, it may be unusual for you to receive a comment from a guy. i have an important question that needs legal advice. I got married January 8, 2002 and during that time i was only 23yrs old. I know that it needs parental advice/consent. My parents didnt know anything about the said marriage. It was my aunt who acted as one of the witnesses who also gave the consent. Last January 29,2006 we decided to separate ways. although the decision was not mutual. she doesnt want the separation, my parents talked to the woman to let go of me becoz i will be having a child with another girl who i am now living with. i just want to ask if the marriage that took place was valid without my parent's consent/advice. It was the woman who processed the papers of the said marriage. i dont recall going through a marriage seminar. all i can remember was i went to the venue where the said marriage took place. now, i want to file an annulment because i want my son to have a family. and legal at that. i love my partner right now and i want to marry her as well. i want to know the process of annulment. i tried getting in touch with the woman to inform her of my plans. i know that she is also living with someone right now. but i dont get any response from her. is it possible to file the annulment without her cooperation? what is the best thing to do? is it also ok that we have a written agreement first while the annulment is in progress that neither of us will be charging any legal case against each other? i really need your advice. thank you.

Atty. Gerry T. Galacio said...

[1] You got married at age 23 and so you needed parental advice, not parental consent. But the lack of the parental advice cannot be used as a ground to invalidate your marriage. It can be a ground for charging the people involved in the irregularity.

[2] is it also ok that we have a written agreement first while the annulment is in progress that neither of us will be charging any legal case against each other?

This kind of agreements is illegal and immoral. Please read my post ”Can a husband and wife in a notarized document declare that they are free to marry other persons and they will not file charges against each other?” (look for the link in the sidebar).

[3] As to having your marriage declared null and void, please read the FAQ section of www.familymatters.org.ph

shy_girl said...

Gud day Atty. Please help, I really need your legal advice. I got married last 2005 and we have son who is 4yrs old now.

Lately, I discover that my husband had other women, he then confess to me that they have a bby girl who is turning 2 yrs old this 2010. My husband signed at the birth cert. of the bby. Despite of my knowledge, my husband is supporting the bby, even nung ng bubuntis pa lng ung girl. he also shoulder all the hospital bills wen the girl gave birth thru ceasarian delivery. somtyms he sends 2thou, 3thou for the bby (without any fix amount) ntigil lng nung nabuking ko xa coz I handle his salary now.

For my son & family sake, pnatwad ko ang husband ko and we have agreed to support the child.

The women is askng support for her daughter and even her older sister threatened my husband thru txt to file a case and do everything mwalan ang husband ko ng work (govt employee) f hindi dw ma suportahan ung bata.

Can I file cases against this women and her sister? anong klaseng kaso?

Ask ko lng po if how much din pwede nmin maibigay na support sa bta? My husband is earning 14thou a month. sad to say, I am resigning for my work due to health condition and needs to undergo medication. Mka avail din ba ng benefits (i.e. filhealth, sss, gsis etc) ung bby like my son does? Maapektuhan baung mga conjugal proerties nmin? Please help me. Godbless!

Atty. Gerry T. Galacio said...

Shy_girl,

You can possibly file civil and criminal cases under the Revised Penal Code against the woman and her sister. However, this just might possibly worsen things for your husband.

Under the Family Code, the amount of support is balanced between the needs of the person asking for support AND the financial capability of the person from whom support is being asked.

The illegitimate child under Article 176 of the Family Code can inherit from your husband. Whatever the legitimate child will get in terms of inheritance, the illegitimate child will get one-half.

Illegitimate children are covered by Philhealth. For more information, please tune in to “Dear Philhealth” on dzRH (666 AM radio) from 5:30 p.m. to 6 p.m. on Wednesdays.

Anonymous said...

hello! atty. galacio, i am a sister that wants to help my brother who filed by his wife R.A. 9262. pero wla nmn pong ktotohanan. nktira sa mga mgulang nmin ang mgasawa. ang kwento po kc matagal ng ngaaway etong mgasawa pero hindi sya pinpatulan ng kapatid ko khit sinsaktan n sya ng asawa nya. Isang gbi ginising nya ang kpatid ko at sabi mgusap daw sila pero dahil 9pm n at my trbaho p sya kinbukasan sinabi nya n bukas n lng pero sinipa sya nito at pilit n ginigising, kya tumayo ung lalaki ngusap cla hangang ngkakasagutan n, kinuha ng babae ang lampara ng ilaw at aktong hahampasin ang kpatid ko kya niyakap nya ito para hindi nya sya masaktan pero ngpupumiglas sya kya ginawa ng nanay ko kinuha nya ung lampara, sinabi nung babae n bitiwan daw sya ng lalaki kaya binitawan sya nito pero pgbitaw nya sinampal nya ang lalaki kya ngulat ang kpatid ko kya nsampal nya ito at nauntog ata sa pader. umuwi ang babae at sinabi nya sa knila na sinaktan daw sya ng aswa nya at iniuntog sa pader kaya ngkabukol sya. ngreklamo sa barangay ng R.A 9262. nkipgusap kmi sa brangay at hindi matanggap ng kpatid ko n iniuntog nya daw ito sa pader at ngkbukol sya at my pasa dw sa paa pero hindi rin mlaman ng kpatid ko kung bkit ngkapasa sya sa paa sa tipo ng kapitan ung babae ang pinpanigan. hindi n po nmin alam kung sino hihingan nmin ng tulong kasi khit mgpaliwanag kmi my ibinabato ang kpitan smin n kaso ng na R.A. 9262 kya khit anu pliwag nga nkpatid ko wla ding mngyayari at inakusahan nya p ang kapatid ko n hindi mkaintindi at kung anu anu p ang sinabi nya d2 kaya ngsurf ako s internet at nkita ko tong blog nyo. sana po mtulongan nyo kmi sa kaso nmin. at isa p po my pinapakita sya s kpitan n text daw ng babae sa knya, n gagawin daw nilang ibedensya. pero nung tinanung nmin ung babae kung ngtxt hindi daw sya ngttxt at ung aswa dw ng kpatid ko ang tawag ng tawag sa knya at txt ng txt ng kung anu anu. ayaw n pong mkipgbalikan ng kpatid ko s asawa nya dahil nknkan ng tamad po at hindi responsableng aswa. sana po mtulongan nyo kmi agad bago mdala ang kaso sa husgado. salamat po.

Anonymous said...

Good morning Atty. Galacio. ako pa po to. hindi po ako nkatulog sa pgiisip sa problema ng kpatid ko. my mga tanong p po ako. halimbawa ho n ayaw n ng lalake n mkisama sa babae lalo n at wla nmn clang anak ano po b dapat gawin.? khit gusto n nyang hiwalayan ayaw ng babae hnggng sa ngyari n nga ang nsaktan sya ng kpatid ko. lalo p pong nplala ang pgkagusto nyang hiwalayan ang babae ano po b ang legal n gawin nila? thanks alot. sana po masagot nyo agad bgo kmi mkpgdesisyon. dahil dis oras ng gabi nsa lbas p sya alm nmn nyang nkatira sya sa byanan nya. tumatalon sa bintana pg gabi para lng mkgala n pwede nmn mgpaalam ng maaus lalo n pg wla asawa nya. nkktxtm8 dn sa iba at kinukwento nya p sa tyahin nmin kung cno ktxtm8 nya. mrami p pong tanong against sa babae kc hindi tlaga sya responsableng aswa npatunayan n po nmin un, ano po dapat gawin.
I hope maintindihan nyo po kung bakit ko to ntanong sa inyo. salamat po.

Atty. Gerry T. Galacio said...

The only way for the RA 9262 case not to be filed in court is for the woman to withdraw her complaint. If the case has been filed with the fiscal’s office already, she can submit an “affidavit of desistance” (pag-uurong ng demanda)

As to having the marriage annulled, your brother can surf to the Frequently Asked Questions section of my website www.familymatters.org.ph

Anonymous said...

Sir,

My wife filed a case citing violation of RA 9262 almost 2 years ago. I was working overseas then and up till now. My Mom had received a notice for my warrant of arrest as well as for my Hold Departure Order. My wife subsequently left our kids and my Mom took care of our kids. My wife and I spoke just recently and she had me speak to her attorney who then told me to come home in order for the case to be dismissed. Her attorney says that I need to be arraigned and by then they will file/submit my wife's affidavit of desistance but am sensing something from my conversation with her attorney. Her attorney told me that they did not "renew" my warrant of arrest anymore. I am reluctant to come home because of my arrest warrant. Sir, do I really need to come home and go through what I was told to have my case dismissed?

Thank you so much for your insight.

Atty. Gerry T. Galacio said...

I already answered your e-mail.

Anonymous said...

hi atty, how about if a guy and me had just a casual sex (one night stand)and i guess he is the father of my child (though am not sure because i have several sexual partners at that time) can i charge violation of RA 9262 on one particular sexual partner (one night stand) whom i guess is the father of my child. can i file a compulsory recognition in the court,(i don't have evidences not even pictures of us together that night, i'm just inclined to think he is the father of my child because he is financially able) can i compel the supposed father to shoulder fees for the DNA???, the man i opt to complaint is already married, does he or his wife had a right to charge me with malicious prosecution if it turns out after DNA testing that he is not the father? tnx -janet.

Atty. Gerry T. Galacio said...

Yes, the man (and his wife) can file cases against you if it turns out in the DNA test that he is not the father.

Anonymous said...

Atty, what are the procedures on issuing warrant of arrest?

If a RA 9262 case is filed against a guy and resolution has been issued that he committed crime against RA 9262 Sec.5(i), how long the procees will take to issue a verdict?

As time goes by, the child is growing up and upto now there are no support from the guy. Even if the case filed is criminal case, can we ask for financial support since the guy is capable of such since he is a seafarer. And at this time he is abroad working.

There are also possibilities that he will not comeback to Phil knowing that there is a case filed against him.

Please advise.

Thank you so much Atty.

Atty. Gerry T. Galacio said...

When the case has been raffled off to the proper court, the judge will study the records. If a warrant of arrest is issued, then you have to coordinate with the police in serving the warrant. Since your husband is not here, then the police will report to the judge that the warrant was not served. The court will issue what is called an “alias warrant” and then order that the case be archived (meaning, set aside in the meantime). The case can proceed only if (1) your husband has not been arrested based on the warrant; (2) he voluntarily surrenders to the court; or (3) he posts bail.

If you do not have a private lawyer representing you, then the fiscal assigned to the court handling the case will be your lawyer. The fiscal is a government employee and you do not have to pay him/her anything. You can inquire with the fiscal as to the status of your case.

You can for example try to coordinate with the Department of Foreign Affairs as to the possibility of having your husband’s passport cancelled. Or you can try asking the help of the NBI which can inform police agencies worldwide that a warrant of arrest has been issued against your husband.

Anonymous said...

Thank you Atty.

But how long it usually take to issue a warrant? Will it take 3-4 months?

Thanks again.

Atty. Gerry T. Galacio said...

You need to coordinate with the court staff which prepares the warrant of arrest. Talk to the branch clerk of court or with the staff in charge of the preparation of warrants.

single parent said...

Good day Atty. Galacio,

I, together with our two children, was abandoned by my husband. No support on everything for two years. Our case on his financial support to my children is to be heard soon. He left us for her woman who happens to be his officemate in the city hall. Yes both are employees of our city government here. I have evidences showing their affair.

How can I file an administrative case against my husband and against the woman?

Hoping for your reply.
Thank you very much and more power!

Atty. Gerry T. Galacio said...

Single Parent,

Please coordinate with the Civil Service Commission on the procedure for filing an administrative case against your husband and the woman.

Or you might be able to file an administrative case directly with the city hall if your husband and the woman are not part of the civil service (for example, if they are just contractual employees hired directly by the city).