I. Overview: What Do We Mean by “Violence Against Women Cases” and “Third Parties”?

In the Philippine legal system, “violence against women cases” almost always brings to mind Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004 (“RA 9262”). This law punishes physical, sexual, psychological, and economic abuse committed against women and their children in the context of intimate or family relationships.

However, in real life, the abuse is often not carried out by the intimate partner alone. Other people may be involved—

the “third party” or paramour/mistress,
in-laws or relatives,
friends who assist or encourage the abuser,
even employers or co-workers who help in economic abuse or harassment.

This raises the central issue:

When, and how, can cases involving violence against women be filed against third parties in the Philippines?

To answer that, it’s important to understand (1) the scope and limits of RA 9262 itself, and (2) what other criminal, civil, and administrative remedies may apply to third parties.

II. RA 9262: Core Concepts and Who Can Be an Offender

A. Who is Protected?

RA 9262 protects:

Women who are:
- the wife or former wife of the offender;
- a woman who has or had a sexual or dating relationship with the offender;
- a woman who has a common child with the offender, whether legitimate or illegitimate.
Children (biological or not, legitimate or illegitimate) who are:
- children of the woman;
- children of the offender, within or without the family abode.

B. Who Is the Offender Under RA 9262?

The law punishes acts:

“committed by any person against a woman who is his wife, former wife, or with whom the person has or had a sexual or dating relationship, or with whom he has a common child…”

Key ideas:

The offender must have an intimate or family-type relationship with the woman (or with her child), as defined by the law.
The Supreme Court has clarified that the term “any person” means the offender can be male or female, including in same-sex intimate relationships, as long as the required intimate relationship exists.
The classic example: husband (or live-in partner) abusing his wife/partner or their child.

Because of this relationship requirement, RA 9262 is not a general “violence against women by anyone” law. It is focused on abuse within intimate or family contexts.

III. What Counts as “Violence” Under RA 9262?

VAWC can take several forms:

Physical violence – bodily harm, injuries, assault.
Sexual violence – rape, sexual assault, acts of lasciviousness, treating a woman as a sexual object, etc.
Psychological violence – causing mental or emotional suffering (e.g., repeated verbal abuse, humiliation, controlling behavior, stalking, threats, emotional abandonment, infidelity that is coupled with humiliation, etc.).
Economic abuse – depriving or threatening to deprive the woman or her child of financial support, controlling finances, withholding or destroying property, forced exclusion from the home, etc.

These can be the basis for criminal prosecution and for obtaining Protection Orders (Barangay, Temporary, or Permanent).

IV. Where Do “Third Parties” Come In?

“Third party” is not a term used in the statute, but in practice it usually refers to:

The paramour/mistress/lover of the husband/partner;
A relative (e.g., in-laws) who helps harass or evict the woman;
A friend or associate of the offender who helps stalk, threaten, or harass;
An employer or co-worker who helps in economic abuse (e.g., forcing resignation, influencing termination);
Anyone assisting in violating a Protection Order.

The main questions are:

Can a third party be charged directly under RA 9262 as a principal offender?
Can a third party be held liable in some other way (e.g., as accomplice, for violation of Protection Orders, or under other laws)?

V. Can You File an RA 9262 Case Directly Against a Third Party (e.g., a “Mistress”)?

A. The Usual Problem: No Qualifying Relationship

For RA 9262 to apply, the accused must have the legally required relationship with the woman:

husband/ex-husband,
partner/ex-partner (dating or live-in),
person with whom she has a common child.

A mistress of the husband typically has no intimate relationship with the wife herself. The mistress’s relationship is with the husband, not with the wife. Therefore:

As a general rule, the mistress cannot be charged as a principal accused under RA 9262 simply for having an affair with the husband, even if the wife suffers severe psychological pain from the infidelity.
The act of infidelity itself, committed by a third party toward the husband, does not fall under the defined relationships of RA 9262 between the offender and the woman victim.

B. Psychological Violence Argument Against Third Parties

Sometimes, wives attempt to file RA 9262 complaints against both the husband and the mistress, claiming “psychological violence” due to the affair and the public humiliation associated with it.

In practice:

The husband (or partner) can potentially be held liable for psychological violence if his acts of infidelity are carried out in a manner that intentionally or effectively causes psychological or emotional suffering (e.g., flaunting the relationship, humiliating the wife, abandoning her and the children without support, etc.), subject to proof and case law requirements.
The mistress, however, typically does not meet the relationship requirement with the wife/victim. As such, cases against her under RA 9262 usually do not prosper, absent some special circumstance where she herself has an intimate relationship with the victim (which is rare and fact-specific).

So, in most real-world settings, RA 9262 is not the proper vehicle to sue the third party paramour directly.

VI. When Can Third Parties Be Held Liable in Relation to RA 9262?

Even if a third party cannot be sued as a principal offender under RA 9262 in the usual “mistress” scenario, that does not mean they are beyond the reach of the law. There are several possible avenues:

1. Third Parties Violating Protection Orders

RA 9262 provides for:

Barangay Protection Orders (BPOs)
Temporary Protection Orders (TPOs)
Permanent Protection Orders (PPOs)

These orders may contain directives not only to the abusing partner but also to other persons, such as:

not to contact the woman or her children;
not to enter the woman’s residence, school, or workplace;
not to harass, stalk, or communicate with her;
orders directed to employers, police, barangay officials, etc., to assist in enforcement.

If a third party knowingly violates a protection order (for example, a paramour who continues to harass or threaten the wife despite a court order, or a relative who helps the abuser enter the protected residence), that third party may face criminal liability for violation of the protection order and possibly other related offenses.

2. Third Parties as Accomplices or Conspirators in RA 9262 Offenses

The general principles of criminal liability under the Revised Penal Code (RPC) apply unless a special law explicitly says otherwise. Thus:

A third party who knowingly and intentionally cooperates in the execution of acts constituting VAWC may be liable as:
- a co-conspirator (if there is agreement and cooperation in the criminal design), or
- an accomplice (if their acts facilitate the commission of the offense, knowing the criminal intent of the principal).

Examples (hypothetical):

A friend continuously drives the abuser to the victim’s house and joins in threatening or harassing the victim despite knowing the context of abuse.
A relative actively participates in depriving the woman of access to conjugal property, locks her out of the house, or helps conceal the children to cause her distress.

In such cases, the third party may be indicted under the same RA 9262 case, but this is usually framed in relation to the principal offender’s abuse and is highly fact-dependent.

3. Employers and Co-Workers Involved in Economic Abuse

Economic abuse under RA 9262 includes situations where:

the abusive partner coerces the woman to stop working,
manipulates her employment,
or uses access to her income to control or punish her.

If an employer or co-worker:

conspires with the abusing partner (e.g., firing the woman without valid reason at the abuser’s behest, solely to punish or control her), or
implements actions in violation of a Protection Order (e.g., disobeying a court order to adjust her work schedule to attend hearings),

they may incur criminal or administrative liability, depending on the facts. In some situations, they may be liable under the Labor Code, civil law on damages, or administrative regulations—aside from any potential liability associated with RA 9262.

VII. Other Laws That Can Be Used Against Third Parties

When the third party is outside the direct scope of RA 9262, the victim is not helpless. Other criminal, civil, and administrative remedies may apply:

A. Criminal Laws Under the Revised Penal Code and Special Laws

Depending on what the third party actually did, possible charges include:

Adultery or Concubinage –
- Adultery is committed by a married woman who has sexual intercourse with a man not her husband, and by that man, knowing her to be married.
- Concubinage is committed by a married man under specific forms of infidelity.
- However, these crimes can typically only be prosecuted under strict conditions (e.g., complaint by the offended spouse, inclusion of both guilty parties).
Grave threats, light threats – if the third party threatens to harm the woman or her children.
Grave coercion – if the third party unlawfully restricts the woman’s freedom to act.
Unjust vexation / other light offenses – for acts of persistent harassment or annoying behavior that is not covered by more serious crimes.
Slander, libel, cyber libel – for defamatory statements, especially if made online.
Stalking or harassment – may fall under various provisions of the RPC or special laws.

B. Safe Spaces Act (Bawal Bastos Law)

The Safe Spaces Act punishes gender-based sexual harassment:

in streets and public spaces,
online (gender-based online sexual harassment),
in workplaces and schools.

If a third party engages in online harassment, bullying, sexual comments, or misogynistic attacks against a woman, this law may apply, even if RA 9262 does not.

C. Anti-Sexual Harassment Laws

If the third party is:

a boss, supervisor, or co-worker,
a teacher, professor, or school official,

and uses their position to demand, request, or imply sexual favors, or creates a hostile work/school environment, sexual harassment laws may be invoked.

D. Civil Actions for Damages

Even if no crime is filed or proven, a woman may sue a third party for damages under the Civil Code for:

violation of her rights,
mental anguish, serious anxiety, social humiliation,
acts contrary to morals, good customs, or public policy.

For example:

A mistress who flaunts the affair in public, harasses the wife online, or spreads malicious rumors may be subject to a civil action for moral and exemplary damages, depending on proof.

VIII. How Are Cases Actually Filed? (Procedural Outline)

1. Identifying the Right Law and Offense

The first crucial step is to identify:

Whether the situation fits RA 9262 (relationship and acts)
Or if other laws are more appropriate (adultery, concubinage, threats, harassment, Safe Spaces Act, civil damages, etc.).

If the target is a third party:

Check carefully if that person has the required intimate relationship with the woman under RA 9262.
If not, evaluate if they can be:
- an accomplice or conspirator in an RA 9262 case against the partner;
- a direct offender under another law;
- liable for civil damages.

2. Where to Go First: Barangay, Police, or Other Agencies

A woman can seek help from:

Barangay VAW Desk / Barangay Hall
- For Barangay Protection Orders (BPO) and initial intervention.
Philippine National Police – Women and Children Protection Center (PNP-WCPC) or local police station
- To file criminal complaints, including RA 9262 and other crimes (e.g., threats, cyber harassment).
National Bureau of Investigation (NBI)
- Especially for cyber-related harassment or complex cases.
DSWD and LGU social workers
- For psychosocial support, shelter, and referrals.

3. Filing a Criminal Complaint

Typical steps:

Prepare a detailed narrative of events (dates, places, persons involved, what was said/done).
Gather evidence:
- medical records, psychiatric/psychological evaluations (for psychological abuse),
- screenshots, text messages, emails, call logs, recordings (if lawfully obtained),
- photos, CCTV footage, social media posts,
- witness statements.
Execute a Complaint-Affidavit before the prosecutor’s office or through the police (who may assist in preparing one).
The case may undergo preliminary investigation before the prosecutor.
If probable cause is found, an Information is filed in the appropriate court (often a Family Court for RA 9262), and the case proceeds to trial.

4. Filing for Protection Orders

A woman (or certain persons on her behalf) may file for:

Barangay Protection Order (BPO) – issued by the Punong Barangay or barangay kagawad, typically effective for a limited period.
Temporary Protection Order (TPO) – issued by the court, usually ex parte, effective for a short period.
Permanent Protection Order (PPO) – issued after hearing, effective until revoked or modified.

These orders may include directives against the partner and against third parties (e.g., no contact, stay-away orders, restrictions on entering certain places).

Violations of these orders can become separate criminal offenses.

IX. Practical Scenarios Involving Third Parties

Scenario 1: Wife vs. Husband and Mistress

The wife experiences severe emotional suffering because her husband openly lives with his mistress and humiliates her publicly.
She may:
- File RA 9262 against the husband (for psychological and possibly economic abuse),
- Consider adultery/concubinage if elements are present,
- Consider a civil action for damages against the mistress (for public humiliation, harassment, etc.),
- Rely on other penal laws (e.g., libel) if the mistress publicly maligns her.
Directly charging the mistress as a principal accused in RA 9262 is typically not viable, absent some special relationship or distinct acts that fall under another law.

Scenario 2: Ex-Partner and His Family Harassing the Woman

The ex-partner (covered by RA 9262) repeatedly harasses the woman; his relatives assist by:
- stalking her,
- sending her threats,
- preventing her from seeing her children,
- threatening her at her residence.

In such a scenario:

The ex-partner can be charged under RA 9262.
Relatives may be co-accused as conspirators or accomplices if their coordinated actions clearly form part of the abuse.
They may also be directly liable under other criminal provisions (e.g., grave threats, coercion, unjust vexation), and may be covered by the terms of a protection order.

Scenario 3: Employer Helping the Abuser

A woman’s husband exerts pressure on her employer to terminate her employment to coerce her into giving up a case or returning to him.
The employer, knowing this and with no legitimate basis, dismisses her to comply.

Possible actions:

RA 9262 case against the husband, for economic abuse.
Administrative and labor cases against the employer (illegal dismissal, violation of labor standards, possible gender-based discrimination),
Possible linkage to RA 9262 as accomplice if clearly conspiring, although this depends heavily on the specific facts and evidence.

X. Limits, Pitfalls, and Strategic Considerations

Not every wrong is RA 9262. Many acts that hurt or emotionally traumatize a woman may be morally outrageous but do not meet the statutory elements of VAWC. Proper legal strategy is to identify the correct law and not force everything into RA 9262.
Relationship is key. For RA 9262, the relationship between the accused and the woman is foundational. Without it, the case will likely fail, even if there is severe emotional harm.
Third parties are not immune. While a third party paramour might escape liability under RA 9262 as principal offender, they can still face:
- criminal charges under other provisions,
- civil suits for damages,
- liability for violating protection orders,
- or liability as accomplices or conspirators.
Evidence is essential, especially for psychological and economic abuse. Psychological harm is real but can be hard to prove. Medical/psychological records, detailed documentation, and consistent testimony are crucial.
Procedural requirements can be strict. Crimes like adultery and concubinage have special rules on who can file, against whom, and when. Errors here can cause dismissal.

XI. Conclusion

In the Philippines, RA 9262 is primarily aimed at abusive intimate partners and parents, not at “third parties” in general. Still:

Third parties may become liable in VAWC-related contexts when they conspire with the abuser, violate protection orders, or commit distinct criminal acts (threats, harassment, libel, cyber harassment, etc.).
When RA 9262 itself does not directly cover a third party, other penal laws, special laws, and civil remedies often provide alternative or supplementary avenues for accountability.

Because the choice of legal remedy (RA 9262, RPC crimes, Safe Spaces Act, civil actions, etc.) depends heavily on specific facts, it is wise for anyone considering action to consult a Philippine lawyer or appropriate legal aid office (such as PAO, women’s NGOs, or legal clinics) to evaluate the best possible approach given the actual circumstances.