Filing RA 9262 Cases for Physical Abuse and Child Non‑Support
(Philippine Legal Context – July 2025)
Table of Contents
- Statutory Framework
- Key Definitions
- Elements of the Offense
- Jurisdiction & Venue
- Who May File, and When
- Evidence & Documentation
- Step‑by‑Step Filing Workflow
- Protective Orders (BPO, TPO, PPO)
- Support Orders & Enforcement
- Penalties & Ancillary Liability
- Civil, Administrative & International Remedies
- Interaction with Other Philippine Laws
- Notable Supreme Court & CA Decisions
- Defenses & Common Pitfalls
- Practical Tips for Survivors & Counsel
- Frequently Asked Questions
- Sample Forms & Clauses (Outline Only)
- Final Takeaways & Ethical Reminders
1. Statutory Framework
| Law | Full Title | Salient Coverage |
|---|---|---|
| Republic Act No. 9262 (2004) | “Anti‑Violence Against Women and Their Children Act” | Criminalizes physical, sexual, psychological and economic violence committed by a person with whom the woman has or had an intimate or familial relationship. Creates special protective orders and authorizes support awards. |
| IRR of RA 9262 (2004) | Implementing Rules & Regulations | Details procedural requirements, forms, and duties of barangays, PNP, prosecutors, courts, DSWD & LGUs. |
| Supreme Court A.M. No. 04‑10‑11‑SC (Rules on RA 9262, 2004) | Special procedural rules: ex parte issuance of TPOs, non‑transfer of venue, evidence guidelines, etc. |
2. Key Definitions
| Term | Statutory Meaning (Sec. 3, RA 9262) |
|---|---|
| Violence against Women & their Children (VAWC) | Any act or series of acts that results in or is likely to result in physical, sexual, psychological harm or economic abuse, including threats, coercion or arbitrary deprivation of liberty. |
| Physical Violence | Acts that include bodily or life‑threatening harm (e.g., hitting, strangling) or administration of harmful substances. |
| Economic Abuse | Acts that make a woman or child financially dependent, e.g., non‑provision of financial support legally due, or withholding access to the family income or assets. |
| Children | Legitimate, illegitimate, adopted, step‑children or fostered, below 18 yrs old or over 18 but incapacitated. The crime is committed even if the violence is directed only at the child. |
3. Elements of the Offense
To secure a conviction for physical abuse or child non‑support under RA 9262, the prosecution must establish:
Relationship
- Accused has or had a marital, sexual, dating, common‑law, or parental relationship with the woman or child.
Act or Omission
- Physical abuse – use of force causing bodily harm.
- Economic abuse / non‑support – willful failure to provide financial support without justifiable cause despite ability to do so.
Resulting Harm or Likelihood
- Physical injury, trauma or fear, or deprivation of child’s basic needs.
Venue & Jurisdiction
- Committed in the Philippines or abroad if either party is a Philippine citizen and harm is felt in the Philippines (extraterritorial clause).
4. Jurisdiction & Venue
| Court | Jurisdiction | Typical Filing Site |
|---|---|---|
| Regional Trial Court (RTC) – Family Court | Exclusive original jurisdiction over RA 9262 cases. | Where the crime or any of its elements occurred, where the complainant resides, or where the child resides. |
| Municipal/Metropolitan Trial Courts (MTC/MeTC) | May issue Barangay Protection Orders when judge is acting as ex‑officio BPO issuer in small municipalities absent of an RTC judge. | |
| Barangay | Conciliation NOT required; BPO can be issued by Punong Barangay or Kagawad within 24 hours. |
5. Who May File, and When
- Victim herself (woman or child).
- Parents or guardians of the minor child.
- Social workers, police officers, LGU officers, or at least two concerned citizens in the same barangay (Sec. 9).
- Embassies/Consulates for OFWs abroad (for support & protection orders).
Prescription: Five (5) years from the last act of violence or discovery of economic abuse (Art. 91, RPC by analogy; no specific period in RA 9262 but jurisprudence treats it as offense punishable by ≤6 years). Continuous crime theory applies to continuing non‑support.
6. Evidence & Documentation
| Abuse Type | Core Evidence | Supplementary Evidence |
|---|---|---|
| Physical | Medico‑legal certificate; photos of injuries; police blotter; eyewitness testimony. | Diary entries, chat/SMS threats, prior BPO/TPO, 911 logs, CCTV. |
| Economic / Non‑Support | School billing statements, medical bills, receipts proving expenses; employment or income records showing accused’s capacity; affidavits of arrears. | Bank remittances (or lack thereof), social media admissions, SEC/DTI filings showing business income. |
Rule on Evidence: Liberal application (Sec. 26, RA 9262). Hearsay may be admitted in protection‑order hearings if sworn and credible.
7. Step‑by‑Step Filing Workflow
Safety First
- Seek medical attention; request medico‑legal exam.
- Move to a safe place or DSWD‑accredited shelter.
Barangay Action
- File for Barangay Protection Order (BPO) – issued ex parte within 24 h, valid for 15 days.
- No barangay mediation required (Sec. 32, RA 9262; repeals Lupon conciliation).
Police Blotter & WCPD
- Sworn statement, photography of injuries, refer to prosecutor.
Filing of Criminal Complaint
- Office of the City/Provincial Prosecutor: Submit Complaint‑Affidavit + annexes.
- Inquest if arrest was warrantless; otherwise regular preliminary investigation.
Judicial Protection Orders
- TPO (Temporary) – RTC issues within 24 h, valid 30 days until PPO hearing.
- PPO (Permanent) – after summary hearing, valid until revoked.
Arraignment & Trial
- Within 30 days from filing Info (per Speedy Trial Act).
- Testimony may be via videoconference (A.M. No. 20‑12‑01‑SC).
Judgment & Sentencing
- Upon conviction, court may simultaneously (a) impose penalties and (b) order payment of support arrears, damages and cost of counseling.
8. Protective Orders in Detail
| Order | Authority | Validity | Reliefs Included |
|---|---|---|---|
| BPO | Punong Barangay / Kagawad | 15 days | Stopping contact; stay‑away radius; firearms surrender. |
| TPO | RTC Family Court (ex parte) | 30 days | BPO reliefs + temporary custody, removal from home, interim support. |
| PPO | Same RTC after hearing | Until revoked | All TPO reliefs + permanent child custody, possession of vehicle, award of attorney’s fees, psych evaluation orders. |
Violation of any protection order is a distinct crime punishable by ≥30 days but ≤6 months &/or fine ₱5,000–₱50,000.
9. Support Orders & Enforcement
- Sec. 8(d), RA 9262: Court may direct respondent to provide fixed monthly support proportional to means and needs.
- Rules on Support (A.M. No. 02‑06‑02) apply suppletorily.
- Income Assignment: Court may garnish salaries, SSS/GSIS benefits, bank deposits.
- Contempt & Imprisonment: Continued non‑payment despite ability is punishable as indirect contempt + separate RA 9262 count each month support is withheld.
10. Penalties & Ancillary Liability
| Act | Penalty (imprisonment) | Fine | Additional |
|---|---|---|---|
| Physical injuries | Arresto Mayor to Reclusión Temporal (30 days – 20 yrs) depending on gravity, plus RA 9262 medium penalty added one degree (Sec. 6). | ₱100,000 – ₱300,000 | Mandatory psychological counseling for offender. |
| Economic abuse / non‑support | Prisión Correccional min (6 mo & 1 day – 2 yrs & 4 mo) to max (4 yrs & 2 mo – 6 yrs). | Same | Continuous offense; each willful month of non‑support = separate count. |
| Violation of PO | Arresto Mayor (30 days – 6 mo) | ₱5,000 – ₱50,000 | No probation. |
Civil damages (actual, moral, exemplary) may be awarded. Victim is also entitled to restitution for medical & counseling expenses.
11. Civil, Administrative & International Remedies
- Annulment / Legal Separation on ground of VAWC.
- Custody Petitions under A.M. No. 03‑04‑04‑SC.
- POEA & DFA intervention for OFW spouses for support and repatriation.
- Interpol red notice (through DOJ‑NBI) for absconding respondents.
12. Interaction with Other Philippine Laws
| Related Law | Overlap / Distinction |
|---|---|
| RPC Arts. 333‑365 (physical injuries, abandonment) | RA 9262 is special law: conviction under RA 9262 bars double jeopardy for same acts. |
| RA 8533 / RA 10364 (Trafficking) | Violence facilitating trafficking may be charged separately. |
| RA 9710 (Magna Carta of Women) | Provides administrative sanctions vs. police/barangay officials who refuse assistance. |
| RA 7610 (Child Abuse) | If victim is child only, prosecutor may charge under both RA 7610 & RA 9262 (People v. Lacsamana, CA 2015). |
| RA 11596 (Child Marriage Prohibition) | Early marriage plus abuse may compound penalties. |
13. Notable Supreme Court & CA Decisions
| Case | G.R. No. | Ruling |
|---|---|---|
| Garcia v. Drilon (2013) | 179267 | Upheld constitutionality of RA 9262; equal‑protection objections rejected because women & children suffer disproportionate domestic violence. |
| People v. Cabalquinto (2016) | 218246 | Reiterated that actual cohabitation not required; long‑distance relationship falls within “dating relationship.” |
| AAA v. BBB (2015) | 212448 | Economic abuse proven by bank statements; each month of non‑support is a distinct offense – no violation of double jeopardy to file multiple Informations. |
| People v. G.R. (CA 2022) | CA‑G.R. CR‑HC 12078 | First appellate conviction using video‑link testimony of minor per A.M. 20‑12‑01; affirmed validity. |
14. Defenses & Common Pitfalls
- Good‑Faith Defense – rare; must show complete inability to give support despite diligent effort (e.g., catastrophic illness). Mere job loss is insufficient if assets exist.
- Retaliatory Complaint Allegation – prosecution must still prove elements; credibility bolstered by contemporaneous records (medical, barangay blotters).
- Delay in Reporting – courts recognize battered‑woman syndrome; delay does not negate credibility (Sec. 26).
- Compromise & Desistance – RA 9262 offenses are public crimes; desistance does not extinguish criminal liability (People v. Motus, 2019).
15. Practical Tips for Survivors & Counsel
- Document immediately – keep a “violence diary,” screenshots, duplicate cloud backups.
- Medical exam within 24 h maximizes evidentiary value.
- Coordinate with WCPD – they are trained; insist on police photographer & referral to social worker.
- Secure bankable identifiers – TIN, SSS, plate numbers; aids in asset tracing for support.
- Consider simultaneous civil action for damages; SC Admin Matter allows consolidation with criminal case for expediency.
- For OFW respondents – ask court to issue Hold Departure Order and order DFA to cancel passport under Sec. 15, RA 9262 IRR.
16. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can men file RA 9262? | No. Only women and their children are covered; however, violence against men may be charged under RPC. |
| Is conciliation mandatory? | No. Barangay conciliation is waived; victim may directly file. |
| What if respondent is abroad? | File in RTC where victim resides; DOJ may prosecute in absentia; protection orders still enforceable. |
| Can settlement stop the case? | No. Even marriage between parties does not extinguish criminal liability. |
| Is probation allowed? | Generally yes (penalty ≤6 yrs), except if the offender violated a protection order. |
17. Sample Forms & Clauses (Outline)
Complaint‑Affidavit Skeleton:
- Parties & Relationship
- Narration of Facts (chronological)
- Specific Acts of Physical / Economic Abuse (dates, places, injuries, expenses)
- Prayer for: issuance of TPO, support of ₱ ____ per month, reimbursement ₱ ____, arrest of respondent.
- Verification & Certification of Non‑Forum Shopping.
Medical Certificate Request Letter – include victim identifiers & timeline.
Motion for TPO – cite Sec. 15, RA 9262 and attach supporting affidavits.
(For actual practice, always use latest Supreme Court‑approved forms and local family court templates.)
18. Final Takeaways & Ethical Reminders
- Speed is safety – seek immediate protection and document evidence; RA 9262 favors ex‑parte relief.
- Holistic relief – the law is not only punitive; it provides support, custody, counseling, and rehabilitation.
- Non‑support is violence – withholding money for a child’s needs is criminal, not merely a civil matter.
- No compromise on children’s welfare – even reconciliations cannot waive the child’s right to support.
- Professional Responsibility – lawyers and barangay officials may face administrative sanctions for neglecting RA 9262 duties (Rule 138, Code of Professional Responsibility, RA 9710).
Disclaimer: This article is for educational purposes as of July 28 2025. Philippine jurisprudence evolves; always verify with the latest Supreme Court decisions, circulars and local court issuances, or consult qualified counsel.