Can VAWC Be Filed Years After the Relationship? Prescriptive Periods Explained (Philippine Context)

Violence Against Women and their Children (VAWC) under Republic Act No. 9262 covers abuse by a spouse, former spouse, intimate partner (including dating relationships), or someone with whom the woman has a common child. A very common question is: “Can I still file if the abuse happened years ago—or even after the relationship ended?” Short answer: Often, yes—depending on the type of case, the last act of abuse, and the applicable prescriptive period. This guide breaks down how timing works for criminal complaints, protection orders, and civil claims related to VAWC.

Key Takeaways (at a glance)

VAWC is not limited to married couples. It covers former partners and dating relationships, and also protects a woman’s child.
Protection Orders (BPO/TPO/PPO) can be sought any time, even if the abuse occurred long ago—if there is a need for protection or there’s a risk of recurrence.
Criminal actions under VAWC are subject to prescriptive periods (deadlines) under the special-law rules on prescription. The clock generally starts on the date of the last abusive act (or its discovery in certain cases), may be tolled (paused) in specific situations, and varies with the penalty.
VAWC can be a “continuing offense.” Repeated acts (e.g., ongoing threats, stalking, non-stop degrading messages) may restart the clock from the most recent act, allowing complaints long after the relationship ended.
Civil claims (damages, support, custody/visitation adjustments) follow different timelines from criminal cases.

What counts as VAWC?

VAWC includes physical, sexual, psychological, and economic abuse, as well as stalking and harassment, whether done in person or electronically (texts, chats, emails, posts). The law protects:

Women against abusive partners or former partners; and
Children (common child of the parties, or a child in the woman’s care) subjected to or affected by the abuse.

Venue tip: VAWC criminal cases and protection-order petitions may be filed where the victim resides—not just where the act occurred. This is a survivor-centric rule designed to reduce barriers to filing.

Part I — Criminal Complaints: Do They Prescribe?

1) How prescription generally works for VAWC crimes

VAWC is a special law. For criminal actions under special laws, the prescriptive period (deadline to file) typically depends on the maximum penalty for the specific VAWC offense charged. In practice:

Offenses with a maximum penalty of 6 years or more (but less than 12): commonly prescribe in 12 years.
Offenses with a maximum penalty under 6 years: commonly prescribe in 5 years.
Offenses punishable by very high penalties (e.g., reclusion temporal or higher): may carry longer prescription (e.g., 20 years).

Why this matters: VAWC has multiple “modes” (e.g., causing physical injuries, threatening, depriving support, psychological abuse). Each has a different statutory penalty. The correct prescriptive period depends on the particular act charged and its maximum imposable penalty.

2) When does the clock start?

Ordinarily: from the date of the commission of the act.
If the act was not known immediately (e.g., covert financial abuse, hidden tracking): the clock can start from discovery (and identification of the offender), under the general rules for special laws.
For repeated/continuous abuse: the offense can be treated as continuing—so the prescriptive period runs from the last act in the series (e.g., the most recent threat, the latest instance of deprivation of support used as a means of control, the newest barrage of degrading messages).

3) What stops or “tolls” the clock?

Filing a complaint or the institution of proceedings interrupts prescription.
The clock does not run while the offender is outside the Philippines (absence/flight can toll prescription).
If a case is dismissed without jeopardy attaching (e.g., technical reasons), the clock may run again—so refiling should be evaluated promptly.

4) Practical timing scenarios

Scenario A: Psychological violence years after breakup You broke up in 2018. Sporadic threats and humiliating messages continued, with the latest in May 2023. Because this is continuing psychological abuse, the prescription counts from May 2023, not 2018. You can still file if the applicable period (e.g., 12 or 5 years, depending on the penalty for the mode charged) hasn’t lapsed.
Scenario B: Physical injury in 2016; no further acts If the last abusive act with bodily injury was in 2016 and there were no further acts, the ability to file now depends on which injury level applies (which maps to a specific penalty range). If the correct prescriptive period (e.g., 5 or 12 years) has not yet expired, filing is still viable. If not, consider civil remedies and protection orders (if there’s renewed risk).
Scenario C: Economic abuse discovered late A partner secretly incurred debts in your name in 2019, discovered only in 2023. If the abusive act was unknown and only later discovered, the prescriptive clock can begin upon discovery (subject to proving that late discovery was genuine and not due to lack of diligence).

Tip: Because the penalty determines the deadline, lawyers often plead and prove the mode of VAWC that best reflects the harm (e.g., serious psychological harm vs. threats only). The same fact pattern can implicate different modes—each with its own penalty and, therefore, a different prescriptive period.

Part II — Protection Orders: No “deadline” to seek protection

Protection Orders are preventive and remedial, not punitive, and can be sought even after the relationship has ended—especially if there’s risk of further harm.

Barangay Protection Order (BPO): Issued by the Punong Barangay or authorized official; quick, summary, and free; typically valid 15 days; covers imminent threats and certain prohibited acts.
Temporary Protection Order (TPO): Issued by the court ex parte (without the abuser present) on an urgent basis; typically valid 30 days (extendible), with a prompt hearing for a PPO.
Permanent Protection Order (PPO): After hearing; may include stay-away directives, no-contact provisions, protection for children, temporary custody, support, exclusive use of the residence, and other relief.

Good to know:

You may file where you live.
Not subject to barangay conciliation. VAWC cases and petitions for protection orders are generally exempt from the usual Katarungang Pambarangay mediation requirement—so you go straight to the Barangay (for BPO) or to court (for TPO/PPO).
Violating a protection order is a separate punishable act. If an order is violated, report immediately; that violation can itself lead to criminal liability.

Part III — Civil Claims Related to VAWC

Beyond the criminal case and protective relief, survivors can pursue civil actions, which have their own prescriptive rules:

Damages (moral, exemplary, actual) for harm suffered may be claimed together with the criminal case or in a separate civil action. Timelines depend on the legal basis (e.g., tort/quasi-delict, law-based claims) and generally run from discovery of the injury or actionable conduct.
Support for the child (or the woman, where legally allowable) can be sought independently of the criminal case. An action for support is widely treated as continuing—anchored on need and capacity—so it’s typically not cut off merely because years have passed (though collection of arrears can be subject to separate limitations).
Custody/visitation adjustments may be requested when circumstances change or when abuse shows that existing arrangements endanger the child’s best interests—no fixed “deadline.”

Strategy tip: If the criminal prescriptive period is tight or doubtful, you can pursue civil remedies and a protection order in parallel, provided filings are carefully coordinated.

Evidence: Filing late doesn’t mean you can’t win

Even if the last abuse occurred years ago, credible evidence can sustain a case:

Digital traces: chats, emails, call logs, social media posts, cloud backups, metadata.
Medical/psychological records: past or present medical certificates, psychological assessments, therapy notes linking current harm to past abuse.
Witnesses: neighbors, family, coworkers, teachers, barangay officials.
Paper trail: payroll/HR incident reports, bank/credit statements, receipts tied to economic abuse.
Pattern proof: VAWC often involves repeated acts; a pattern can demonstrate psychological harm and coercive control.

Preserve originals when possible. Make true copies and keep them secure. Do not contact the abuser to “get evidence”; that can be unsafe and can complicate the case.

Jurisdiction & Procedure — Where and how to file

Criminal complaint: with the City/Provincial Prosecutor (or the police/WCPD for blotter and referral). Venue may be where you reside or where the act occurred.
Protection orders:
- BPO: Barangay where you or the abuser resides.
- TPO/PPO: Family Court/RTC (or MeTC/MTC where authorized), typically where the victim resides.
Who may file: the woman victim, her relative/guardian, social worker, police officer, or barangay official in specified circumstances; minors and incapacitated persons may sue through representatives.
Fees: Petitions for protection orders are generally exempt from docket fees (or eligible for pauper litigant treatment). Ask the clerk of court about fee waivers and legal aid.

How to think about “years later” cases

Identify the latest abusive act you can credibly prove (for continuing psychological or economic abuse, or stalking/online harassment).
Map the act to the correct VAWC mode and its maximum penalty → this sets the prescriptive period (e.g., commonly 5 or 12 years, sometimes 20 for higher penalties).
Check tolling factors: offender abroad, concealment, or the date of discovery.
File for a Protection Order now if there’s any risk of contact or harm—no need to wait on the criminal case.
Bundle relief smartly: protection order + criminal complaint + civil claims (damages and/or support/custody) as appropriate.
Safety plan: change passwords, adjust privacy settings, inform trusted allies and HR (if relevant), and consider secure communication channels.

FAQs

Q: We broke up 10 years ago. He still sends threats occasionally. Can I file? A: Yes. Those recent threats are new abusive acts. The prescriptive clock runs from the latest threat, not from the breakup.

Q: The abuse happened 9 years ago, once, and stopped. Is it too late? A: It depends on the mode charged and its maximum penalty. Many VAWC modes carry prescriptive periods of 12 years; some are 5 years. You’ll need a lawyer to match the facts to the correct mode and verify the deadline.

Q: He fled abroad years ago. A: A perpetrator’s absence from the Philippines can pause prescription. When he returns (or is located), you may still proceed if the tolled period keeps the case within time.

Q: Can I still get a Protection Order if there’s no recent act? A: If there’s a credible risk of recurrence or ongoing harassment (even online), courts regularly issue TPO/PPO to prevent future harm, regardless of when the past abuse occurred.

Q: I was a minor when it happened. Does that affect timing? A: Cases involving children can be affected by other child-protection laws and jurisprudence that may extend or affect prescription and venue. Bring this up explicitly with counsel.

Actionable next steps

Write a concise timeline of the most recent 3–5 acts (dates, what happened, where, witnesses, screenshots).
Assemble evidence (digital, medical, financial). Back up devices and export chats.
Seek a BPO/TPO/PPO if you feel unsafe—immediately.
Consult counsel or legal aid to:
- Identify the strongest VAWC mode (and correct penalty);
- Compute the prescriptive period (and any tolling);
- Decide on criminal vs. civil filings to run in parallel;
- Prepare for psychological evaluation if claiming psychological harm.
Safety planning: adjust privacy/security settings, alert trusted contacts, and consider workplace safeguards.

Important disclaimer

This article provides general legal information on VAWC timing and related remedies in the Philippines. It is not a substitute for legal advice. Application to your situation depends on the specific facts, the exact VAWC mode charged, and updated jurisprudence. For tailored guidance, consult a lawyer or legal aid organization.