Note: Besides the post below, I have also writtten several other articles about spousal abuse, domestic violence, etc. Please take time to read the following:
- Hope and help for the battered woman (2): RA 9262 essential provisions
- Hope and help for the battered woman (3): RA 9262 Protection Orders
- Hope and help for the battered woman (4): Emotional abuse / psychological violence
- Hope and help for the battered woman (5): Biblical response to abuse; evangelical Christians are best husbands – University of Virginia study
- The "Battered Woman Syndrome" as defense
- Mediation not applicable to domestic violence cases
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004” is our country’s landmark law on domestic violence. 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.
RA 9262 was fought for patiently by women’s groups, led by the National Commission on the Role of Filipino Women (NCRFW), for ten long years before it became a law in March 2004.
Before we discuss the various important provisions of RA 9262, let me cite to you 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. Please surf over to my Salt and Light weblog located at www.-salt-and-light-.blogspot.com.
60 comments:
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.
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.
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.
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).
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.
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.
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.
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.
Thank you very much!
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
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).
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.
I already answered your questions by e-mail.
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?
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.
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.
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.
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
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.
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.
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.
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
Please read my post titled “Support for abandoned woman and family” (look for the link in the sidebar).
good day sir..thanks so much for this very informative site it helped us common people to understand our rights..more power.
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?
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.
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?
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.
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!
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.
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
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.
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
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.
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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
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.
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?
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.
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?
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.
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.
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.)
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.
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.
Is abortion illegal and what are the penalty?
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.
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).
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
Post a Comment