Hope and help for the battered woman (2): Essential provisions of RA 9262 "Anti-Violence Against Women and their Children Act of 2004"

Related posts: Hope and help for the battered woman (3): RA 9262 Protection Orders Hope and help for the battered woman (4): Emotional abuse or 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 Update: Supreme Court upholds Constitutionality of RA 9262 (Garcia vs. Drilon, G.R. No. 179267, June 25, 2013) R.A. 9262 does not violate the guaranty of equal protection of the laws. It is not an “anti-male,” “husband-bashing,” and “hate-men” law. R.A. 9262 covers lesbian relationships. The grant of a TPO (Temporary Protection Order) without a hearing does not violate the Constitutional right to due process. The non-referral of a VAWC (violence against women and children) case to a mediator is justified. RA 9262 does not unduly delegate judicial power to barangay officials. The BPO (Barangay Protection Order) is purely executive in nature in keeping with the barangay captain’s duty under the Local Government Code to “enforce all laws and ordinances,” and to “maintain public order in the barangay.”

Enumerated below in question and answer format are some of the salient provisions of Republic Act 9262 “Anti-Violence Against Women and their Children Act of 2004” and pertinent information regarding domestic violence.

What is the legal definition of “violence against women and their children?”

“Violence against women and their children” is any act or series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

Can RA 9262 apply even to those who are not married?

Yes, RA 9262 applies also to those persons involved in a “dating relationship.” The term refers to “a situation where the parties live as husband and wife without the benefit of marriage, or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.”

What does RA 9262 mean by “sexual relations?”

The term refers to “a single sexual act which may or may not result in the bearing of a common child.” Persons involved in such are covered by the provisions of RA 9262.

What do the terms “battery” and “Battered Woman Syndrome” mean?

“Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress.

“Battered Woman Syndrome” refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

What is stalking?

The term refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination.

What kinds of violence are prohibited by RA 9262?

RA 9262 prohibits physical violence, sexual violence, psychological violence, and economic abuse.

What is sexual violence?

It refers to an act which is sexual in nature, committed against a woman or her child. It includes but is not limited to:

1. rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, - physically attacking the sexual parts of the victim’s body, forcing him/her to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or to make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2. acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or coercion;
3. prostituting the woman or child.

What is psychological violence?

“Psychological Violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to:

1. intimidation
2. harassment
3. stalking
4. damage to property
5. public ridicule or humiliation
6. repeated verbal abuse
7. marital infidelity
8. causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of a family to which the victim belongs
9. causing victim to witness pornography in any form or to witness abusive injury to pets
10. unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

Why does RA 9262 seem to overemphasize psychological violence? What are the effects of psychological or emotional abuse?

Neil Jacobson and John Gottman in their study “When Men Batter Women” relate the insidious effects of psychological or emotional abuse as follows:

• Emotional abuse is harder to live with than being beaten and it means something different to women when it occurs with physical abuse.
• Despite the pain and bruises inflicted by punching, kicking and worse mayhem, it is the scarring left by an emotionally abusive husband that is more likely to trigger a battered wife’s decision to leave her spouse.
• Emotional abuse is more oppressive, particularly when it is frequent. It can be present every day, every waking hour, 24 hours a day. What men are doing with emotional abuse is almost like mind control.

What is economic abuse?

“Economic Abuse” refers to acts that make or attempt to make a woman financially dependent which includes but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code.
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.

What are the specific acts of violence punishable under RA 9262?

Section 5 of RA 9262 enumerates the specific acts of violence against women and their children. These are the following:

[a] Causing physical harm to the woman or her child;

[b] Threatening to cause the woman or her child physical harm;

[c] Attempting to cause the woman or her child physical harm;

[d] Placing the woman or her child in fear of imminent physical harm;

[e] Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child.

[f] Inflicting or threatening to inflict physical harm on one’s self for the purpose of controlling her actions or decisions;

[g] Causing or attempting to cause the woman or her child to engage in any sexual activity which does not constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or her/his immediate family;

[h] Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.

[i] Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children or access to the woman’s child/children.

What prohibited acts are included under paragraph [e] above?

Paragraph [e] of Section 5 states: “Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or her child.”

This includes the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:

1. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, deliberately providing the woman’s children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own money or properties, or solely controlling the conjugal or common money or properties.

What prohibited acts are included under paragraph [h] of Section 5?


Paragraph [h] of Section 5 states: “Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child.” This includes the following acts:

1. Stalking or following the woman or her child in public or private places;
2. Peering in the widow or lingering outside the residence of the woman or her child;
3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4. Destroying the property and personal belongings of inflicting harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence.

What are the penalties for acts of violence against women?


Section 6 of RA 9262 provides for penalties for various prohibited acts of violence against women and their children. These are the following:

[1] Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.
[2] If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished arresto mayor.
[3] Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.
[4] Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
[5] Acts falling under Section 5(e) shall be punished by prision correccional;
[6] Acts falling under Section 5(f) shall be punishable by arresto mayor;
[7] Acts falling under Section 5(g) shall be punished by prision mayor;
[8] Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant, or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in this section. 

What do the terms “prision mayor,” “arresto mayor,” etc. mean?

Prision mayor – Penalty of imprisonment is from 6 years and 1 day to 12 years; minimum - from 6 years and 1 day to 8 years; maximum - from 10 years and 1 day to 12 years.

Prision correctional - Penalty of imprisonment is from 6 months and 1 day to 6 years ; minimum - from 6 months and 1 day to 2 years and 4 months; maximum - from 4 years, 2 months and 1 day to 6 years

Arresto mayor - Penalty of imprisonment is from 1 month and 1 day to 6 months; minimum - from 1 to 2 months; maximum - from 4 months and 1 day to 6 months.

Beside imprisonment, are there any other penalties provided by RA 9262?

Yes, in addition to imprisonment, the perpetrator must:

1. pay a fine in the amount of not less than One Hundred Thousand Pesos but not more than Three Hundred Thousand Pesos;
2. undergo mandatory psychological counseling or psychiatric treatment and must report compliance to the court.

What court has jurisdiction over RA 9262 cases?

The Regional Trial Court designated as a Family Court has original and exclusive jurisdiction over cases of violence against women and their children.

In the absence of such court in the place where the offense was committed, the case must be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.

Is it only the woman-victim of abuse who can report the offense to the police authorities?

Under Section 25 of RA 9262, violence against women and their children are considered as a public crime. This means that the case may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

If a person witnesses abuse being committed against a woman or her child and intervenes, does that person have any liability?

Section 34 of RA 9262 provides: "In every case of violence against women and their children, any person, private individual or police authority or barangay official, who acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom."

What are the rights of victims under RA 9262?

Section 35 of RA 9262 that in addition to their rights under existing laws, victims of violence against women and their children have the following rights:

[a] to be treated with respect and dignity;

[b] to avail of legal assistance from the PAO of the Department of Justice (DOJ) or any public legal assistance office;

[c] to be entitled to support services from the DSWD and LGUs;

[d] to be entitled to all legal remedies and support under the Family Code; and

[e] to be informed of their rights and the services available to them including their right to apply for a protection order.

Section 36 also provides that any victim of violence under this Act are entitled to actual, compensatory, moral and exemplary damages.

Section 40 obligates the DSWD and local government units to provide mandatory programs and service for victims such as temporary shelters, provide counseling, psycho-social services or recovery, rehabilitation programs and livelihood assistance. The DOH must provide medical assistance to victims.

A woman-victim might be prejudiced in her employment if she takes time off to get medical treatment or to seek police and legal assistance in filing her case. What provision if any does RA 9262 have in this situation?


Section 43 of RA 9262 provides that victims are entitled to take a paid leave of absence up to ten days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who prejudices the right of the person under this section must be penalized according to the provisions of the Labor Code and Civil Service Rules and regulations.

Likewise, an employer who prejudices any person for assisting a co-employee who is a victim under this Act must be held liable for discrimination.

What if the perpetrator of abuse against a woman or her child tries to evade prosecution by leaving the country?

Section 37 of RA 9262 states: "The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act."

What are the responsibilities of doctors, nurses and healthcare workers under RA 9262?


Section 31 of RA 9262 provides, among other things, that healthcare providers should:

[a] automatically provide the victim free of charge a medical certificate concerning the examination or visit;

[b] safeguard the records and make them available to the victim upon request at actual cost; and

[c] provide the victim immediate and adequate notice of rights and remedies under RA 9262, and the services available to them.

Why is there a need for information and training of healthcare providers? By the nature of their work, aren’t they already familiar with domestic violence, their causes and manifestations?

A study by Evan Stark and Ann Flitcraft (“Medical Therapy as Repression: The Case of the Battered Woman,” Health and Medicine, 1982) discovered that out of one million women who sought medical treatment for injuries inflicted by their husbands or boyfriends, doctors correctly identified the injuries as a result of battering only four percent of the time.

What prevents a woman or her children or both from filing a case is the possible shame and embarrassment in their community. What are the provisions of RA 9262 to ensure the confidentiality of the victims and the case?

Section 44 provides the following safeguards and penalties so as to ensure confidentiality:

1. All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim.
2. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court.
3. Any person who violates this provision shall suffer the penalty of one year imprisonment and a fine of not more than Five Hundred Thousand Pesos.

What can be done for the offenders?

Section 41 provides that the DSWD must provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outburst and reforming their ways. When necessary, the offender must be ordered by the Court to submit to psychiatric treatment or confinement.

Next time around we will discuss the provisions of RA 9262 on protection orders – BPO (Barangay Protection Order), and the TPO (Temporary protection Order) and PPO (Permanent Protection Order) issued by the court.

RA 9262 Anti-Violence Against Women and their Children Act of 2004; myths about spousal abuse; reasons why women stay in abusive relationships

Related posts: 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 or 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 RA 9262 and other cases involving women: where to ask for help Update: Supreme Court upholds Constitutionality of RA 9262 (Garcia vs. Drilon, G.R. No. 179267, June 25, 2013) R.A. 9262 does not violate the guaranty of equal protection of the laws. It is not an “anti-male,” “husband-bashing,” and “hate-men” law. R.A. 9262 covers lesbian relationships. The grant of a TPO (Temporary Protection Order) without a hearing does not violate the Constitutional right to due process. The non-referral of a VAWC (violence against women and children) case to a mediator is justified. RA 9262 does not unduly delegate judicial power to barangay officials. The BPO (Barangay Protection Order) is purely executive in nature in keeping with the barangay captain's duty under the Local Government Code to “enforce all laws and ordinances,” and to “maintain public order in the barangay.”

“Violence against women is perhaps the most shameful human rights violation. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.” (UN Secretary-General Kofi Annan)

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 patiently for RA 9262 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, 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.

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.

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

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.

Statistics on domestic violence around the world

1. At least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime.

2. Women of all races are about equally vulnerable to violence by an intimate partner.

3. In Brazil, a woman is abused every fifteen seconds.

4. In Great Britain, 100,000 women per year seek treatment for violent injuries received in the home. One to two women are killed by their male partners every week. 45% of murdered women are killed by their male partners.

Statistics on domestic violence in the USA

1. Estimates range from 960,000 up to three million women being physically abused by their husband or boyfriend per year.

2. In 2001, more than half a million women were victims of nonfatal violence committed by an intimate partner.

3. As many as 324,000 women each year experience intimate partner violence during

Statistics on domestic violence in Canada

1. Some 27% of all victims of violent crimes were victims of family violence. Among all family violence victims, 62% were victims of spousal violence.

2. In 2002, females accounted for 85% of all victims of spousal violence. Young females aged 25-to-34 experienced the highest rates of spousal violence.

3. Children and youth under the age of 18 accounted for 61% of victims of sexual assault and 20% of all victims of physical assault.

4. In 2002, girls represented 79% of victims of family-related sexual assaults. Rates of sexual offenses were highest among girls between the ages of 11 and 14, with the highest at age 13 (165 per 100,000 females).

Statistics on domestic violence in Switzerland

1. 20% of women suffered from domestic violence, according to a 1997 study.

2. Currently, 12.6% of Swiss women or more than one in eight suffer from physical violence; 11.6% or one in nine had suffered sexual violence.

Honor crimes against women

Jordan – 20 killings (1998)

Lebanon – 36 honor crimes (1996-1998)

Bangladesh – 200 women attacked with acid by husbands or relatives (1996-1998)

Pakistan – 850 women killed by husbands or family members; many cases not reported

Statistics on domestic violence in the Philippines

1. The PNP reported 5,058 cases of physical injury/wife battering in 2002. In previous years, the total number of cases was: 2,213 (1999); 3,824 (2000); and 5,668 (2001).

2. 90% of the victims in domestic violence cases were women.

3. 60% of these abused women suffered the abuse during pregnancy.

4. 90% experienced marital rape.

5. 60% had unwanted pregnancies.

These are just the reported cases, with the implication being that the actual number of abused women in the Philippines could be higher. Indeed the Social Weather Stations has reported the following findings:

A. 1.6 million women above the age of eighteen have suffered at least one instance of physical abuse from an intimate partner.

B. 2.8 million men have admitted to having physically harmed their intimate partners.

C. Of the 340 reported cases of domestic abuse in Bacolod, only 38 cases were actually filed in court.

Common injuries suffered by abused women (from the NCRFW Institutional Strengthening Project)

The violence against women ranges from verbal abuse (centered on how the woman has neglected her looks), to emotional battering (like accusing the woman of having affairs), withholding economic support and, in many instances, physical maltreatment.

Physical abuse has included: shoving, cutting off fingers, undressing a woman in front of other men, and calling her a whore, attempted burning, aiming a blowgun at a woman’s genital, beating with a hammer, raining fist blows, etc.

Myths about spousal abuse

1. Battering is primarily a woman’s fault; she must have provoked him by neglecting her chores, nagging, being unfaithful, etc.

2. She is exaggerating and would have left if the situation was that bad.

3. She should maintain family harmony and protect the husband’s name at all costs.

4. A man would stop the battering if the woman showed more sympathy to his remorse.

Why do abused women stay in abusive relationships (from Mary Ann Dutton, Dynamics of Domestic Violence: Understanding the Response from Battered Women)

1. Many women believe they cannot leave because “He can’t live without me.” They may fear that he will have a nervous breakdown, commit suicide, or lose his job.

2. She may believe that the children need a father, rationalizing that an abusive father is better than no father at all.

3. Many women fear that they will be killed if they leave an abusive relationship. Studies indeed show that battered women are more likely to be killed after leaving an abusive relationship

4. Abused women also convince themselves that things are going to get better.

Neil Jacobson and John Gottman in their study “When Men Batter Women” have observed that:

“The decision to leave an abusive husband and the actual process of doing so can be arduous, stretching over months or even years. Shame, self-blame, emotional dependence, fear of increased physical violence and the woman’s inability to “give up her dream of having a normal, loving relationship” can stop a woman from leaving.

“Violence paired with love creates an almost unbreakable emotional connection called “traumatic bonding.”

Reasons why abused women don’t leave their abusive partners (from the Women’s Legal Bureau and the NCRFW)

The man might still change for the better.

She still loves the man despite everything.

She can’t abide a broken family.

She’s doing it for the children.

She can’t support the children by herself.

She doesn’t want to be blamed by her parents for the break-up of the family.

She is afraid of what the husband can do to her.

The guy might take her kids.

She probably deserves the beating.

To maintain the good reputation of the man.

Wife-beating is part of the hazards of getting married; it’s just natural for women to get beaten up.

She pities the man because nobody else understands him, like she does.

If she improves herself, she won’t get beaten.

She’s afraid to be alone and lonely.

She doesn’t know she has rights not to be beaten.

It’s a family affair and others shouldn’t meddle.

He might lose his job if she calls the police.

Jurisdiction of courts

By law or the Constitution itself, courts are vested with jurisdiction to hear and try specific cases. If a case is filed with the wrong court, it will be dismissed for lack of jurisdiction.

Jurisdiction of Metropolitan/Municipal Trial Courts/Municipal Trial Courts in Cities

1. All civil cases, the grant of provisional remedies in proper cases, and all probate proceedings, where the value of personal property, estate or amount of demand does not exceed Php 200,000. exclusive of interest, damages, litigation and other expenses (in Metro Manila, the amount should be Php 400,000.)

2. All cases of forcible entry and unlawful detainer (ejectment)

3. All civil cases which involve title to or possession of real property or any interest therein where the assessed value does not exceed Php 20,000. (in Metro Manila Php 50,000.) exclusive of interest, damages, litigation and other expenses

4. Civil cases under the rules on summary procedure

5. All offenses punishable by imprisonment not exceeding six years, regardless of the fine or other imposable accessory or other penalties including the civil liability (in offenses involving damage to property through criminal negligence, the MTC has exclusive original jurisdiction)

6. Petitions for issuances of original certificates of titles

Jurisdiction of Regional Trial Courts

A. Exclusive original jurisdiction

1. All civil cases in which the subject of litigation cannot be estimated in monetary terms

2. All civil cases which involve title to or possession of real property, or interest therein, where the assessed value of the property exceeds Php 20,000. (in Metro Manila exceeding Php 50,000.) Exceptions: forcible entry and unlawful detainer of lands and buildings

3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds Php 100,000 (in Metro Manila, over Php 200,000)

4. All probate matters, both testate and intestate where the gross value of the estate exceeds Php 100,000 (in Metro Manila, the value must exceed Php 200,000.)

5. All actions involving the marriage contract and marital relations (annulment, legal separation, support, etc)

6. All cases not within the exclusive jurisdiction of any court, tribunal, person or quasi-judicial body

7. All civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court (JDRC) and the Court of Agrarian Relations

8. All other cases in which the demand or the value of personal property, exclusive of interest, damages, litigation and other costs, exceeds Php 200,000. (in Metro Manila, the value must exceed Php 400,000.)

9. Intra-corporate disputes (formerly under the SEC); intellectual property cases

B. Exclusive appellate jurisdiction over all cases decided by the lower courts (MTCs) in their respective territorial jurisdictions

C. Concurrent jurisdiction with the Supreme Court and the Court of Appeals over petitions for certiorari, prohibition and mandamus against all lower courts; habeas corpus and quo warranto

Note: Republic Act 8369, approved on October 28, 1997, established the Family Court, with jurisdiction over adoption, guardianship, custody of children, support, acknowledgment, complaints for annulment or nullity of marriage, criminal cases where one or more of the accused is below 18 years of age, domestic violence against women and children, etc.

Jurisdiction of the Court of Appeals

A. Original jurisdiction to issue writs of certiorari, prohibition, mandamus, habeas corpus, quo warranto and auxiliary writs and processes

B. Exclusive jurisdiction over actions for the annulment of judgments rendered by the Regional Trial Courts

C. Concurrent jurisdiction with the Supreme Court over petitions for certiorari, prohibition or mandamus filed against the RTCs, the Civil Service Commission, the Court of Tax Appeals, the Central Board of Assessment Appeals, commissions and other quasi-judicial bodies or agencies.

D. Concurrent jurisdiction with the Supreme Court and RTCs over petitions for certiorari, prohibition or mandamus filed against lower courts and quasi-judicial bodies; petitions for habeas corpus and quo warranto.

E. Appellate jurisdiction over ordinary appeals from RTCs, except in cases exclusively appealable to the Supreme Court; petitions for review from the RTCs in all cases appealed to it from the lower courts; petitions for review from the Civil Service Commission, the Court of Tax Appeals and the other quasi-judicial bodies or agencies (e.g. National Labor Relations Commission)

Note: The Sandiganbayan handles cases of government officials and employees with salary grades 27 and above.

Jurisdiction of the Supreme Court

A. Original exclusive jurisdiction over petitions for certiorari, prohibition or mandamus filed against the Court of Appeals and the Sandiganbayan, the Commission on Elections, Commission on Audit, and the Department of Labor and Employment

B. Concurrent jurisdiction with the Court of Appeals over petitions for certiorari, prohibition and mandamus filed against the Regional Trial Courts, the Civil Service Commission, the Central Board of Assessment Appeals, the Court of Tax Appeals, Securities and Exchange Commission, other quasi-judicial bodies

C. Concurrent jurisdiction with the Court of Appeals and the Regional Trial Courts over petitions for certiorari, prohibition and mandamus filed against the lower courts and certain quasi-judicial bodies; petitions for habeas corpus and quo warranto

D. Concurrent jurisdiction with the RTCs over actions against ambassadors, other public ministers and consuls

E. Appellate jurisdiction over petitions for review on certiorari from the CA, Sandiganbayan and RTCs on questions of law only; criminal cases in which the penalty imposed by the trial court is either death or reclusion perpetua (“life imprisonment”) on questions of fact and law.

Barangay conciliation

Procedures in barangay conciliation

1. The offended party files his complaint orally or in written form to the Lupon chairman.
2. The Barangay Captain (or Lupon chairman) then summons the respondent within the next working day.
3. If the respondent fails to appear, he is barred from filing a counterclaim. If it is the complainant who fails to appear, he is barred from seeking recourse in court.
4. Mediation, conciliation or arbitration of the conflicting interests of the parties takes place through the Lupon. If the Lupon chairman fails in the mediation efforts within fifteen (15) days from the first meeting of the parties before him, he sets the date of the constitution of the Pangkat ng Tagapagkasundo.
5. Within three (3) days from its constitution, the Pangkat will summon the parties for a confrontation (no lawyers or representatives are allowed, except for cases involving minors or incompetents who may be assisted by their next of kin).
6. The Pangkat shall arrive at a settlement or resolution within fifteen days from the day it convenes (the period is extendible to another fifteen days in meritorious cases).
7. Either party may repudiate the settlement by filing a sworn statement within ten (10) days from the date of the written amicable settlement.
8. The amicable settlement or arbitration award may be executed by the Lupon within six (6) months from the date of the settlement. After this period, it may be enforced by a court action.
9. If within fifteen to thirty days the parties fail to amicably settle the matter, the Lupon issues a certification for filing of the action in court.
10. The complainant files the case in court for civil cases, or with the office of the public prosecutor (“fiscal”) for criminal cases.

Note: The prescriptive period for the filing of cases in court is interrupted by conciliation proceedings, up to 60 days from filing of the complaint with the Punong Barangay. Actions based on written contracts prescribe in ten years. Criminal cases involving BP 22 (bouncing checks) must be filed within four years from the time the check bounced; after that period, only a civil case for collection can be filed. The prescriptive period is tolled or interrupted by the filing of the complaint with the fiscal or public prosecutor's office.

Cases not covered by barangay conciliation (Local Government Code, Section 408)

1. Where one party is the government or any of its subdivision or instrumentality
2. Where one party is a public officer or employee, and the dispute relates to the performance of his official functions
3. Offenses punishable by imprisonment exceeding one year or by a fine exceeding five thousand pesos (Php 5,000.)
4. Offenses where there is no private offended party

Disputes not covered by barangay conciliation

1. Those involving parties who actually reside in barangays of different cities or municipalities, except where such barangays adjoin each other
2. Those involving real property located in different cities or municipalities

Note: In both cases, the parties may agree to submit their differences for amicable settlement by the appropriate Lupon.

Instances when the parties may go directly to court

1. Where the accused is under police custody or detention
2. Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings
3. Actions coupled with provisional remedies such as preliminary injunction, temporary restraining orders, attachment, replevin, etc
4. Where the action may be barred by the Statute of Limitations (the law that bars the filing of an action after a prescribed period)
5. Labor disputes arising from an employer-employee relationship, or disputes arising from the Comprehensive Agrarian Reform Law

Land titles: issues and questions (3)

Question: My daughter, having saved some money from her call center job, recently bought a small piece of property. After my daughter fully paid the purchase price to the seller and the Deed of Absolute Sale had been signed, the seller for one reason or another now keeps on postponing giving to her the title to the property. What should my daughter do?

Answer: Your daughter should ask a lawyer/notary public to prepare and notarize an affidavit of adverse claim. She should then have the affidavit of adverse claim recorded with the Register of Deeds which has jurisdiction over the property.

A claim or interest may be registered as an adverse claim under the following circumstances:

(1) the claimant’s right or interest in registered land is adverse to the registered owner;

(2) such right or interest arose subsequent to the date of original registration; and

(3) no other provision is made in the Decree for the registration of such right or claim.

The formal requisites of an adverse claim for the purpose of registration are as follows:

(1) The adverse claimant must state the following in writing:

a. his/her alleged right or interest
b. how and under whom such alleged right or interest was acquired;
c. the description of the land in which the right or interest is claimed, and
d. the certificate of title number

(2) Such statement must be signed and sworn to before a notary public or other officer authorized to administer oath.

(3) The claimant shall state his/her residence or place to which all notices may be served upon him.

The purpose of annotating an adverse claim on the certificate of title is to notify third parties that there is a controversy over the ownership of the land bought by your daughter, and to preserve and protect her right during the pendency of the controversy. It is a notice to third persons that any transaction regarding the disputed land is subject to the outcome of the dispute between your daughter and the seller.

Under Section 70 of PD 1529, the adverse claim may be cancelled in the following ways, among others:

(1) After the lapse of thirty days, upon the filing by the party in interest of a verified petition for such cancellation. No second adverse claim based on the same ground may thereafter be registered by the same claimant.

(2) Before the lapse of the thirty day period, when a party in interest flies a petition before the Regional Trial Court of the place where the property is located for the cancellation of the adverse claim. If after due notice and hearing, the court finds the claim to be invalid, it will order the cancellation of the claim and may at the same time fine the claimant.

If a property is being contested by several parties in court, the subsequent annotation of a notice of lis pendens on the certificate of title on file with the Register of Deeds also serves the purpose of an adverse claim.

Note: Prospective buyers of any property should check the TCT (Transfer Certificate of Title) on file with the Register of Deeds which has jurisdiction over the property. Check to see if there is any lien or encumbrance recorded at the back of the title (like an adverse claim, lis pendens, mortgage, etc). Buyers can also ask the Land Registration Authority to verify the whether the title is authentic or not. It is estimated that there are some 100,000 fake titles in circulation in the Philippines.

Also, upon signing the Deed of Absolute Sale and paying in full for the property, the title should at the same time be given to the buyer.

Land titles: issues and questions (2)

What are the requirements of the Register of Deeds for the issuance of transfer certificates of titles?

Deeds of transfers (sale, assignment, exchange, etc):

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) capital gains tax and BIR clearance; (7) BIR confirmation receipts evidencing payments of documentary stamps; (8) payment of registration fees.

Deed of donation, mortis causa or inter vivos:

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) donor’s tax and BIR clearance; and (7) payment of registration fees.

Extrajudicial settlement of the estate of a deceased person:

(1) copies of the document; (2) owner’s duplicate of certificate of title; (3) current tax declaration; (4) certificate of realty tax payment; (5) transfer tax; (6) estate tax and BIR clearance; (7) affidavit of publication by the editor or publisher; (8) payment of registration fees; (9) if the deed includes personal property, a bond shall be filed.

Judicial settlement of estate of a deceased person:

(1) certified copies of the following documents: [A] project of partition/last will; [B] letters of administration / testamentary; [C] court order approving project of partition/allowing probate of last will; (2) certificate of finality of the court order; (3) owner’s duplicate of certificate of title; (4) current tax declaration; (5) certificate of realty tax payment; (6) transfer tax; (7) proof of payment of estate tax and BIR clearance; (8) payment of registration fees.

Real estate mortgage/Lease contract:

(1) copies of the instrument; (2) owner’s duplicate of certificate of title; (3) certificate of realty tax payment; (4) documentary stamps/BIR; (5) payment of registration fees.

Notes:

A. If the transferor or transferee is a corporation, the following also have to be submitted: secretary’s certificate, board resolution, copies of the articles of incorporation and bylaws.

B. in all the foregoing deeds or documents, tax identification number of the executors and the notary public must be reflected.

Land titles: issues and questions (1)

Requirements and procedures in the issuance of an original certificate of title

1. Survey of the land - the lot is surveyed by a licensed surveyor who will prepare a plan on tracing cloth or Diazo polyester film.

2. Approval of the plan - The plan will need to be approved by the Director of Lands, or the regional lands director, or regional technical director, who has jurisdiction over the location of the land. The plan should have a technical description to be verified and certified by the Director of Lands or the regional technical director or his authorized personnel making such certification.

3. Filing of application - The application for land registration needs to be typewritten and filed with the Regional Trial Court where the land is located. The application shall be in seven copies, signed and sworn to by the applicant.

The application shall contain the following:

- The original plan on the tracing cloth or Diazo polyester film certified by the Director of Lands or regional technical director, or copy on tracing cloth or Diazo polyester film attested to or certified by the official or the official authorized to certify, along with two printed copies of the plan.

- Three copies of the technical description which are verified and certified by the regional technical director or his authorized official representative, in accordance with LRC Circular 11365.

- Three copies of the certificate of the surveyor or geodetic engineer, or certificate of non-availability from the regional technical director

- Four copies of the latest tax declaration or assessment certificate from the assessor’s office

- The application shall contain the following data or information: description of the land, civil status of the applicant, full name and residence of the applicant, persons renting the land and the owners of the nearby lands if known, and if the applicant is a minor, the full name and address of his legal guardian; citizenship of the applicant.

4. Land registration case number - The clerk of court will provide a land registration case number after receiving the application.

5. Date of hearing - The court will set the date and time for the hearing of the application. The court order for the first hearing will be sent to the LRA together with a duplicate copy of the application, original or certified copy of the plan on tracing cloth or Diazo polyester film; duplicate original copy of the technical descript-ion; surveyor’s certificate; the latest tax declaration and proof of payment of publication fee to the Official Gazette.

6. Publication - The notice of the initial hearing prepared by the LRA will need to be published in the Official Gazette and once in the newspaper of general circulation in the Philippines. The cost of publication must be paid by the applicant to the clerk of court after filing the application. The amounts will be given to the National Printing Office.

7. Opposition - All persons claiming ownership or who may have any interest in the land may file an opposition to the court so they may be heard in court.

Note: Please read the Supreme Court decision in Recto vs. Republic (G.R. No. 160421; October 4, 2004) for an informative discussion of the requirements and procedures in the issuance of an OCT.

Rules of procedure in administrative cases against teachers

Newspaper and television news reports in recent weeks have bannered stories of abuse allegedly committed by teachers against helpless schoolchildren. We have, for example, that egregious case of a teacher punishing a Grade 2 student by asking her to swallow pencil shavings.

The Family Code, in several articles, provides for the scope and limitations of teachers’ special parental authority over their students:

Art. 218. The school, its administrators and teachers, or the individual, entity or institution engaged in child care shall have special parental authority and responsibility over the minor child while under their supervision, instruction or custody.
Authority and responsibility shall apply to all authorized activities whether inside or outside the premises of the school, entity or institution.

Art. 219. Those given the authority and responsibility under the preceding Article shall be principally and solidarily liable for damages caused by the acts or omissions of the unemancipated minor. The parents, judicial guardians or the persons exercising substitute parental authority over said minor shall be subsidiarily liable.

The respective liabilities of those referred to in the preceding paragraph shall not apply if it is proved that they exercised the proper diligence required under the particular circumstances.

Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children or wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;

(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship;

(4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and

(8) To perform such other duties as are imposed by law upon parents and guardians.

Art. 221. Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts or omissions of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law.

Art. 233. The person exercising substitute parental authority shall have the same authority over the person of the child as the parents.

In no case shall the school administrator, teacher or individual engaged in child care exercising special parental authority inflict corporal punishment upon the child. (emphasis by boldfacing supplied)

Please take note especially of Article 233 which absolutely prohibits teachers from inflicting physical punishment on their students.

While there are true stories of abuse committed by teachers against their students, still, the Constitutional presumption of innocence applies. As former Senator Rene Saguisag (my fellow alumnus from Rizal High School in Pasig) once said, “It is only by guaranteeing the rights of the most guilty that we can guarantee the rights of the most innocent.”

Thus, charges against a teacher must go through a process where he or she is given the chance to be heard and present exculpatory evidence. In administrative cases against teachers, the Department of Education follows “The DECS Rules of Procedure” under DECS Order N0. 33, s. 1999. Disappointingly, as of this writing, the DepEd does not have a copy of this Order in its website. (But these rules, with some differences, basically follow the rules of procedure laid down by the Civil Service Commission. You can read these rules in the CSC website.)

Basically, however, the DECS Rules observe the following requirements and procedures:

1. A complaint in writing and under oath is filed against a teacher. Anonymous complaints, under certain conditions, may be allowed. For example, the complaint is supported by documentary evidences upon which the truth can be ascertained, even without the presence of a complainant. If the complaint is filed with the DepEd Central Office or with its Regional Offices, the complaint is indorsed to the respective Division Office under which the teacher serves.

2. The complaint must contain a certification against non-forum shopping.

3. A fact-finding or preliminary investigation is conducted to determine whether the complaint is meritorious or not. The investigating officer or committee of the Division submits its Investigation Report to the Regional Office. The report may either recommend the filing of a formal charge against the teacher by the disciplining authority, OR the dismissal of the complaint.

If the complaint is dismissed, the complainant can file a Petition for Review with the Secretary of the DepEd.

4. The formal charge will require the respondent-teacher to submit within a maximum of five days from receipt of the charge to file his answer. In the answer, the teacher must state whether he chooses to exercise his right to a formal investigation.

5. The Division Office concerned creates its investigation committee. The composition of the committee can be challenged under the DECS Rules (or under the Magna Carta for Teachers).

The respondent may be placed under preventive suspension for a maximum of ninety days.

The formal investigation is conducted just like a courtroom trial, and both complainant and respondent are entitled to the services of lawyers. Testimonies of witnesses are under oath, and subject to cross-examination. Documentary evidences are marked and later on formally offered.

After the proceedings, the committee submits to the Regional Office its Formal Investigation Report with its recommendations for either a finding of guilt or innocence. The Regional Office will then hand down its decision on the case. (Please take note that the Supreme Court has ruled that the Formal Investigation Report is an internal document of the DepEd, and there is no denial of due process if the complainant or respondents is not provided with a copy of the said report.)

6. If the teacher-respondent is found guilty, his successive modes of appeal are as follows: (a) motion for reconsideration filed with the Regional Office; (2) appeal to the Secretary of DepEd; and (3) petition for judicial review with the Court of Appeals.

If the teacher-respondent is acquitted, however, the complainant must file a Petition for Review with the Civil Service Commission.

Laban o Bawi : Parents’ obligations in handling their children’s property

You probably saw more than a week ago that Channel 7 news broadcast about two grade schoolers who won a million pesos each in the very popular “Laban o Bawi” portion of the noontime show Eat Bulaga.

In the news broadcast, the boy, from his young mind, enumerated all the things that he planned to do with his windfall. Because of his young age, it is most probably his parents who will make decisions on the disposition of that money.

The Family Code, in Articles 225 up to 227, enumerates the legal obligations of parents in handling the property of their children.

Art. 225. The father and the mother shall jointly exercise legal guardianship over the property of the unemancipated common child without the necessity of a court appointment. In case of disagreement, the father's decision shall prevail, unless there is a judicial order to the contrary.

Where the market value of the property or the annual income of the child exceeds P50,000, the parent concerned shall be required to furnish a bond in such amount as the court may determine, but not less than ten per centum (10%) of the value of the property or annual income, to guarantee the performance of the obligations prescribed for general guardians. [emphasis by boldfacing supplied ]

A verified petition for approval of the bond shall be filed in the proper court of the place where the child resides, or, if the child resides in a foreign country, in the proper court of the place where the property or any part thereof is situated.

The petition shall be docketed as a summary special proceeding in which all incidents and issues regarding the performance of the obligations referred to in the second paragraph of this Article shall be heard and resolved.

The ordinary rules on guardianship shall be merely suppletory except when the child is under substitute parental authority, or the guardian is a stranger, or a parent has remarried, in which case the ordinary rules on guardianship shall apply.

Art. 226. The property of the unemancipated child earned or acquired with his work or industry or by onerous or gratuitous title shall belong to the child in ownership and shall be devoted exclusively to the latter's support and education, unless the title or transfer provides otherwise.

The right of the parents over the fruits and income of the child's property shall be limited primarily to the child's support and secondarily to the collective daily needs of the family. [emphasis by boldfacing supplied ]

Art. 227. If the parents entrust the management or administration of any of their properties to an unemancipated child, the net proceeds of such property shall belong to the owner. The child shall be given a reasonable monthly allowance in an amount not less than that which the owner would have paid if the administrator were a stranger, unless the owner, grants the entire proceeds to the child. In any case, the proceeds thus given in whole or in part shall not be charged to the child's legitime.

Warrantless arrests

Presidential Proclamation 1017 has brought to the fore the issue of warrantless arrests. For the man on the street, his understanding of the law is that a person can only be arrested by the police authorities by virtue of a warrant of arrest. However, with or without PP1017, the Rules of Court provide for certain instances when an arrest can be made even without a warrant.

Essentially, a police officer or a private person may arrest a person without a warrant if such person:

(1) has committed or attempts to commit an offense in his presence;

(2) an offense has been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it;

(3) is an escaped convict.

In warrantless arrests, the fiscal conducts an inquest, not a preliminary investigation. If the accused is held by the police for more than 18, 24 or 36 hours without charges being filed, they will be liable for violation of Art. 125 of the Revised Penal Code (delay in the delivery of prisoners). If the accused however signs a waiver of his detention, he is entitled to a preliminary investigation which must be finished in 15 days. He may however still apply for bail. If the accused does not sign a waiver and charges are filed, he may ask for a preliminary investigation within 5 days of learning of the filing of the information.

When a family member is a drug dependent

What can you do when one of your family members is a drug user and creating emotional psychological, physical, and financial problems for your family?

Well, Republic Act 9165 or The New Comprehensive Dangerous Drugs Law provides an answer, specifically, in Section 61 which states:

Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission Program. - Notwithstanding any law, rule and regulation to the contrary, any person determined and found to be dependent on dangerous drugs shall, upon petition by the Board or any of its authorized representative, be confined for treatment and rehabilitation in any Center duly designated or accredited for the purpose.

A petition for the confinement of a person alleged to be dependent on dangerous drugs to a Center may be filed by any person authorized by the Board with Regional Trial Court of the province or city where such person is found.

After the petition is filed, the court, by an order, shall immediately fix a date for the hearing, and a copy of such order shall be served on the person alleged to be dependent on dangerous drugs, and to the one having charge of him.

If after such hearing and the facts so warrant, the court shall order the drug dependent to be examined by two (2) physicians conclude that the respondent is not a drug dependent, the court shall order his/her discharge. If either physician finds him to be a dependent, the court shall conduct a hearing and consider all relevant evidence which may be offered. If the court finds him a drug dependent, it shall issue an order for his/her commitment to a treatment and rehabilitation center under the supervision of the DOH. In any event, the order of discharge or order of confinement or commitment shall be issued not later than fifteen (15) from the filing of the appropriate petition.

You can find the complete text of this law in the website of the House of Representatives.

The "Battered Woman Syndrome" as defense; Spousal abuse: In the name of submission?

Our subject deals with one of the tragic realities of life – spousal abuse. My previous article “Hope and help for the battered woman: Statistics on domestic violence” paints a very grim picture of spousal abuse as a worldwide phenomenon. The article on the “Battered Woman Syndrome” (BWS) is taken from the Supreme Court decision in the case of Marivic Genosa, a Leyteña convicted of murdering her husband for which the trial court imposed on her the death penalty. On automatic appeal of Genosa’s case to the High Court, nationally-known lawyer Katrina Legarda introduced BWS as Genosa’s defense. The Court decided the case several months before the passage of Republic Act 9262 or the “Anti-Violence Against Women and Their Children Act of 2004” into law in March 2004.

As you can read from my Legal Updates article, the Court took BWS into consideration but said that (1) the presence of the syndrome was not proven in Genosa’s case; and ()] the Court’s hands were tied by the prevailing provisions of the Revised Penal Code which did not consider BWS as a justifying circumstance that would enable Genosa to claim valid self-defense.

Nevertheless, the Supreme Court considered two mitigating circumstances in Genosa’s favor, reduced her penalty, and for time already served, ordered Genosa’s release from the Correctional Institution for Women in Mandaluyong.

The Supreme Court’s decision is quite a read, even for law students, but if you’re a counselor, pastor, or someone who personally knows a battered woman, you should take the time and effort in understanding it.

"Battered Woman Syndrome" defined and as a defense in criminal cases

Please take note that Republic Act 9262 or the “Anti-Violence Against Women and their Children Act of 2004” became law after the Genosa decision. RA 9262 defines BWS as “a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.”

Section 26 of RA 9262 discusses the “Battered Woman Syndrome” as a defense, to wit,

Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

In layman’s terms, now, under RA 9262, if an abused woman kills or inflict physical injuries on her abusive husband or live-in partner, once the trial court determines that she is suffering from the “Battered Woman Syndrome,” the court will declare her not guilty. (As I mentioned above, the Court stated that BWS was not proven in Genosa’s case and that the provisions of the Revised Penal Code on the elements of justifying circumstances on self-defense thus had to be followed.)

Characteristics of a battered woman

During the re-hearing at the Leyte trial court, expert witnesses Dra. Natividad Dayan and Dr. Pajarillo testified on what the Battered Woman Syndrome was. The Supreme Court decision states in detail what BWS is. For the sake of clarity, I have numbered the paragraphs of this portion of the Court’s decision.

1. In claiming self-defense, Genosa raises the novel theory of the battered woman syndrome. While new in Philippine jurisprudence, the concept has been recognized in foreign jurisdictions as a form of self-defense or, at the least, incomplete self-defense. By appreciating evidence that a victim or defendant is afflicted with the syndrome, foreign courts convey their “understanding of the justifiably fearful state of mind of a person who has been cyclically abused and controlled over a period of time.”

2. A battered woman has been defined as a woman “who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. Battered women include wives or women in any form of intimate relationship with men. Furthermore, in order to be classified as a battered woman, the couple must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If it occurs a second time, and she remains in the situation, she is defined as a battered woman.”

3. Battered women exhibit common personality traits, such as low self-esteem, traditional beliefs about the home, the family and the female sex role; emotional dependence upon the dominant male; the tendency to accept responsibility for the batterer’s actions; and false hopes that the relationship will improve.

4. More graphically, the battered woman syndrome is characterized by the so-called “cycle of violence,” which has three phases: (1) the tension-building phase; (2) the acute battering incident; and (3) the tranquil, loving (or, at least, nonviolent) phase.

5. During the tension-building phase, minor battering occurs - it could be verbal or slight physical abuse or another form of hostile behavior. The woman usually tries to pacify the batterer through a show of kind, nurturing behavior; or by simply staying out of his way. What actually happens is that she allows herself to be abused in ways that, to her, are comparatively minor. All she wants is to prevent the escalation of the violence exhibited by the batterer. This wish, however, proves to be double-edged, because her “placatory” and passive behavior legitimizes his belief that he has the right to abuse her in the first place.

6. However, the techniques adopted by the woman in her effort to placate him are not usually successful, and the verbal and/or physical abuse worsens. Each partner senses the imminent loss of control and the growing tension and despair. Exhausted from the persistent stress, the battered woman soon withdraws emotionally. But the more she becomes emotionally unavailable, the more the batterer becomes angry, oppressive and abusive. Often, at some unpredictable point, the violence “spirals out of control” and leads to an acute battering incident.

7. The acute battering incident is said to be characterized by brutality, destructiveness and, sometimes, death. The battered woman deems this incident as unpredictable, yet also inevitable. During this phase, she has no control; only the batterer may put an end to the violence. Its nature can be as unpredictable as the time of its explosion, and so are his reasons for ending it. The battered woman usually realizes that she cannot reason with him, and that resistance would only exacerbate her condition.

8. At this stage, she has a sense of detachment from the attack and the terrible pain, although she may later clearly remember every detail. Her apparent passivity in the face of acute violence may be rationalized thus: the batterer is almost always much stronger physically, and she knows from her past painful experience that it is futile to fight back. Acute battering incidents are often very savage and out of control, such that innocent bystanders or intervenors are likely to get hurt.

9. The final phase of the cycle of violence begins when the acute battering incident ends. During this tranquil period, the couple experience profound relief. On the one hand, the batterer may show a tender and nurturing behavior towards his partner. He knows that he has been viciously cruel and tries to make up for it, begging for her forgiveness and promising never to beat her again. On the other hand, the battered woman also tries to convince herself that the battery will never happen again; that her partner will change for the better; and that this “good, gentle and caring man” is the real person whom she loves.

10. A battered woman usually believes that she is the sole anchor of the emotional stability of the batterer. Sensing his isolation and despair, she feels responsible for his well-being. The truth, though, is that the chances of his reforming, or seeking or receiving professional help, are very slim, especially if she remains with him. Generally, only after she leaves him does he seek professional help as a way of getting her back. Yet, it is in this phase of remorseful reconciliation that she is most thoroughly tormented psychologically.

11. The illusion of absolute interdependency is well-entrenched in a battered woman’s psyche. In this phase, she and her batterer are indeed emotionally dependent on each other -- she for his nurturant behavior, he for her forgiveness. Underneath this miserable cycle of “tension, violence and forgiveness,” each partner may believe that it is better to die than to be separated. Neither one may really feel independent, capable of functioning without the other.

Effects of battering

The Supreme Court, based on the testimonies of the expert witnesses presented in Genosa’s defense, summarized the effects when a woman is abused over a period of time. Again, for the sake of clarity, I have numbered the paragraphs of this particular portion of the Court’s decision.

1. Because of the recurring cycles of violence experienced by the abused woman, her state of mind metamorphoses. In determining her state of mind, we cannot rely merely on the judgment of an ordinary, reasonable person who is evaluating the events immediately surrounding the incident. A Canadian court has aptly pointed out that expert evidence on the psychological effect of battering on wives and common law partners are both relevant and necessary. “How can the mental state of the appellant be appreciated without it? The average member of the public may ask: Why would a woman put up with this kind of treatment? Why should she continue to live with such a man? How could she love a partner who beat her to the point of requiring hospitalization? We would expect the woman to pack her bags and go. Where is her self-respect? Why does she not cut loose and make a new life for herself? Such is the reaction of the average person confronted with the so-called ‘battered wife syndrome.’”

2. To understand the syndrome properly, however, one’s viewpoint should not be drawn from that of an ordinary, reasonable person. What goes on in the mind of a person who has been subjected to repeated, severe beatings may not be consistent with -- nay, comprehensible to -- those who have not been through a similar experience. Expert opinion is essential to clarify and refute common myths and misconceptions about battered women.

3. The theory of BWS formulated by Lenore Walker, as well as her research on domestic violence, has had a significant impact in the United States and the United Kingdom on the treatment and prosecution of cases, in which a battered woman is charged with the killing of her violent partner. The psychologist explains that the cyclical nature of the violence inflicted upon the battered woman immobilizes the latter’s “ability to act decisively in her own interests, making her feel trapped in the relationship with no means of escape.” In her years of research, Dr. Walker found that “the abuse often escalates at the point of separation and battered women are in greater danger of dying then.”

4.Corroborating these research findings, Dra. Dayan said that “the battered woman usually has a very low opinion of herself. She has self-defeating and self-sacrificing characteristics.” When the violence would happen, they usually think that they provoked it, that they were the ones who precipitated the violence; that they provoked their spouse to be physically, verbally and even sexually abusive to them.”

As I pointed out in the introductory portion of this article, the Supreme Court decided the Genosa case several months before RA 9262 was promulgated. Now RA 9262, specifically Section 26, expressly provides for the “Battered Woman Syndrome” as a defense, even in the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

Spousal abuse: In the name of submission?

In the area of relationships and marriage, there cannot be a more explosive and divisive issue than that of the headship of men and the submission of women. Sometime in the late 1990’s, I think, the Southern Baptist Convention issued an official statement asking women to “graciously submit” to their husbands. Needless to say, that statement was greeted with controversy, scorn and ridicule from different sectors and even from within the Convention itself. Feminist groups have been saying all these time that the Biblical injunction for women to submit to their husbands is an open invitation for spousal abuse.

If you want a thorough discussion of the Biblical doctrines of the headship of men and the submission of women, I recommend the following books to you:

1. “Strike the Original Match” by Chuck Swindoll; Multnomah Press © 1980; specifically the chapters entitled “Let’s Repair the Foundation” and “Bricks that Build a Marriage.”

2. “The Grace Awakening” also by Chuck Swindoll; Word Publishing, ©1996; specifically the chapter entitled “A Marriage Oiled by Grace”

3. “Together Forever” by Anne Kristin Caroll; Zondervan, © 1982 by Barbara J. Denis); specifically the chapter entitled “Who Wears the Pants?”

4. “Rocking the Roles” by Robert Lewis and William Hendricks; NavPress, ©1991; specifically the chapters entitled “The ‘S’ Word” and “The Masculine Counterpart to the ‘S’ Word.”

In a previous article entitled “The Myth of Mutual Submission part 2” , I wrote about the true story of Lucy Tisland who, like Marivic Genosa, killed her husband after enduring years of abuse. The question is, “How should individual Christians, pastors and churches respond to the issue of spousal abuse?”

I have discussed this issue in my article entitled “Hope and help for the battered woman (5): Biblical response to spousal abuse” but let me re-state here some of the main points of that article:

1. Spousal abuse is a sin, and as such, must be dealt with in keeping with Matthew 18, in situations where the spouses concerned are members of the church.

2. Spousal abuse is not only a sin, but also a crime punishable under RA 9262. Since Romans 13 commands us to be subject to the higher powers, pastors and church counselors cannot close their eyes, send the abused woman back into the abusive situation, and simply hope for the best. God’s miracle and protection for the abused woman have already been provided for in laws such as RA 9262. Pastors and counselors should therefore be familiar with the provisions of this law in order to ably counsel abused women on their rights.

Rights and obligations of husbands and wives

The Family Code mentions the word “love” only twice and the first mention of the word is found in Title III which covers Articles 68 up to 73. The second mention of the word “love” is in Article 220 which states the rights and duties of parents towards their unemancipated children. Paragraph (2) of the article states that among the duties of parents towards their children is “to give them love and affection, advice and counsel, companionship and understanding.”

Anyway, let’s proceed from this romantic, mushy (this is redundant, right?) stuff about “love” and get on with the nitty-gritty details of the rights and obligations between husbands and wives.

As “Insight for Living” Bible teacher Chuck Swindoll once said, “The basis of a good marriage is not love; it is commitment.” What he's saying is that love is not a matter of the emotions, but of the will, of volition (this is really redundant, right?) You might want to review my article "Love Potion No. 9" where I wrote about dopamine, oxytocin and vasopressin. These chemicals produced by the human body and which some people have termed as the “cuddle chemicals” are believed responsible for that mysterious thing called love.

After the Family Code primer immediately below, I will discuss what the Bible says about rights and duties of husbands and wives, okay?

What are the rights and obligations of spouses under the Family Code?

The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (Art. 68, Family Code of the Philippines)

What if one spouse refuses to comply with his or her marital obligations as provided under Art. 68, can the offended spouse legally compel him to come home and comply with such obligations?

The Supreme Court in the case of Ilusorio vs. Ilusorio-Bildner (G.R. No. 139789 July 19, 2001 and G.R. No. 139808 July 19, 2001) stated among other things that “consortium” or “coverture” (the obligation to, live together, observe mutual, respect and fidelity) is prompted by the spontaneous, mutual love and affection between husband and wife and cannot be enforced by any legal mandate or court order.

The Ilusorio decision written by Justice Pardo revolved around this issue: “May a wife secure a writ of habeas corpus to compel her husband to live with her in conjugal bliss? The answer is no. Marital rights including coverture and living in conjugal dwelling may not be enforced by the extra-ordinary writ of habeas corpus.”

The Supreme Court as a final note in the Ilusorio decision stated, “No court is empowered as a judicial authority to compel a husband to live with his wife. Coverture cannot be enforced by compulsion of a writ of habeas corpus carried out by sheriffs or by any other mesne process. That is a matter beyond judicial authority and is best left to the man and woman’s free choice.”

Who decides on the family domicile?

The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide. (Art. 69)

Article 68 states that the spouses are obliged to live together. Are there exceptions?

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (2nd paragraph, Art.69)

Who is responsible for the support of the family?

The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. (Art. 70)

Who manages the household?

The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70.

What if the husband or the wife neglects his or her duties to the family?

When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (Art. 72)

Under RA 9262 or the “Anti-Violence Against Women and their Children Act of 2004”, the wife can petition the Family Court where she resides for a Protection Order.

Can the wife exercise her profession or engage in business even without the permission of her husband?

Either spouse may exercise any legitimate profession, occupation, business or activity without the consent of the other. The latter may object only on valid, serious, and moral grounds. (Art.73)

What if there is disagreement between the spouses?

In case of disagreement, the court shall decide whether or not:

(1) The objection is proper; and

(2) Benefit has occurred to the family prior to the objection or thereafter. If the benefit accrued prior to the objection, the resulting obligation shall be enforced against the separate property of the spouse who has not obtained consent.

If the husband refuses unjustifiably to allow his wife to exercise her profession or engage in business, what are the rights of the wife?

RA 9262, under paragraph (4) of Section 5 lists this situation as a act of violence against a woman. The said paragraph penalizes the man (husband or live-in partner) if he “prevents the woman from engaging in any legitimate profession, occupation, business or activity or controls the victim's own money or properties, or solely controls the conjugal or common money, or properties.”

Rights and obligations of husbands and wives from the Biblical standpoint

Ephesians 5:21 up to 33 outline the rights and obligations of husbands and wives:

21. Submitting yourselves one to another in the fear of God.
22. Wives, submit yourselves unto your own husbands, as unto the Lord.
23. For the husband is the head of the wife, even as Christ is the head of the church: and he is the saviour of the body.
24. Therefore as the church is subject unto Christ, so let the wives be to their own husbands in every thing.
25. Husbands, love your wives, even as Christ also loved the church, and gave himself for it;
26. That he might sanctify and cleanse it with the washing of water by the word,
27. That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish.
28. So ought men to love their wives as their own bodies. He that loveth his wife loveth himself.
29. For no man ever yet hated his own flesh; but nourisheth and cherisheth it, even as the Lord the church:
30. For we are members of his body, of his flesh, and of his bones.
31. For this cause shall a man leave his father and mother, and shall be joined unto his wife, and they two shall be one flesh.
32. This is a great mystery: but I speak concerning Christ and the church.
33. Nevertheless let every one of you in particular so love his wife even as himself; and the wife see that she reverence her husband.

I Peter 3: 1-12 also state the rights and duties of husbands and wives toward each other:

1. Likewise, ye wives, be in subjection to your own husbands; that, if any obey not the word, they also may without the word be won by the conversation of the wives;
2. While they behold your chaste conversation coupled with fear.
3. Whose adorning let it not be that outward adorning of plaiting the hair, and of wearing of gold, or of putting on of apparel;
4. But let it be the hidden man of the heart, in that which is not corruptible, even the ornament of a meek and quiet spirit, which is in the sight of God of great price.
5. For after this manner in the old time the holy women also, who trusted in God, adorned themselves, being in subjection unto their own husbands:
6. Even as Sara obeyed Abraham, calling him lord: whose daughters ye are, as long as ye do well, and are not afraid with any amazement.
7. Likewise, ye husbands, dwell with them according to knowledge, giving honour unto the wife, as unto the weaker vessel, and as being heirs together of the grace of life; that your prayers be not hindered.
8. Finally, be ye all of one mind, having compassion one of another, love as brethren, be pitiful, be courteous:
9. Not rendering evil for evil, or railing for railing: but contrariwise blessing; knowing that ye are thereunto called, that ye should inherit a blessing.
10. For he that will love life, and see good days, let him refrain his tongue from evil, and his lips that they speak no guile:
11. Let him eschew evil, and do good; let him seek peace, and ensue it.
12. For the eyes of the Lord are over the righteous, and his ears are open unto their prayers: but the face of the Lord is against them that do evil.

In the area of relationships and marriage, there cannot be a more explosive and divisive issue than that of the headship of men and the submission of women. Sometime in the late 1990’s, I think, the Southern Baptist Convention issued an official statement asking women to “graciously submit” to their husbands. Needless to say, that statement was greeted with controversy, scorn and ridicule from different sectors and even from within the Convention itself. Feminist groups have been saying all these time that the Biblical injunction for women to submit to their husbands is an open invitation for spousal abuse.

If you want a thorough discussion of the Biblical doctrines of the headship of men and the submission of women, I recommend the following books to you:

1. “Strike the Original Match” by Chuck Swindoll; Multnomah Press © 1980; specifically the chapters entitled “Let’s Repair the Foundation” and “Bricks that Build a Marriage.”

2. “The Grace Awakening” also by Chuck Swindoll; Word Publishing, ©1996; specifically the chapter entitled “A Marriage Oiled by Grace”

3. “Together Forever” by Anne Kristin Caroll; Zondervan, © 1982 by Barbara J. Denis); specifically the chapter entitled “Who Wears the Pants?”

4. “Rocking the Roles” by Robert Lewis and William Hendricks; NavPress, ©1991; specifically the chapters entitled “The ‘S’ Word” and “The Masculine Counterpart to the ‘S’ Word.”

I have previously written about the headship of men and the submission of women, and you might want to re-read it. Part of that article reads as follows:

Lewis and Hendricks, while maintaining the traditional view of the headship of men and the submission of women, clarify however that submission is not a wife’s role. Rather, they say, submission is the wife’s loving response to her husband’s loving and sacrificial headship.

“Roles” and ‘responses” may sound like only semantics to you, but I encourage you to read “Rocking the Roles.” The most striking statement in this book about submission is found in page 135: “A biblically submissive wife’s focus is not on enabling wrong behavior, but in empowering her husband to pursue right behavior – to become the man God wants him to be, and the leader God wants him to be.”

I remember something Dr. James Dobson wrote in his classic book (highly recommended!) “Love Must Be Tough” about submission. Dobson said, “Being a spiritually submissive wife doesn’t mean being a doormat.”

Caroll, who writes her book out of the crucible of the pain of her divorce (and remarriage to the same guy) says on page 126, “Submission is freedom.”

During the wedding reception of a Filipino missionary couple bound for a Creative Access Nation, the groom wished out loud that his wife would submit to him. That brought about a lot of laughter among the guests. Well, Sir, please do keep in mind Lewis and Hendricks’ definition of submission and I’m sure your marriage will turn out okay. What’s their definition again? “A biblically submissive wife’s focus is not on enabling wrong behavior, but in empowering her husband to pursue right behavior – to become the man God wants him to be, and the leader God wants him to be.”