How to File a Case for VAWC and Child Support in the Philippines

In the Philippines, protecting the rights of women and children is a matter of significant legislative priority. Two primary laws govern these issues: Republic Act No. 9262 (The Anti-Violence Against Women and Their Children Act of 2004) and the Family Code of the Philippines, supplemented by Republic Act No. 8972 (Solo Parents' Welfare Act).

Understanding the procedural steps and substantive requirements is crucial for victims and guardians seeking legal redress.


I. Violence Against Women and Their Children (VAWC) - R.A. 9262

VAWC refers to any act or a series of 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, or against her child.

Types of Violence Covered

  • Physical Violence: Bodily harm or assault.
  • Sexual Violence: Sexual harassment, prostituting the woman or child, or forcing them to engage in sexual activity.
  • Psychological Violence: Acts causing mental or emotional suffering, such as intimidation, stalking, public ridicule, or denial of financial support.
  • Economic Abuse: Depriving the woman or child of financial resources they are entitled to, or preventing the woman from engaging in a profession or business.

The Protection Order (PO)

The primary remedy under R.A. 9262 is a Protection Order, which aims to prevent further violence and provide safety.

  1. Barangay Protection Order (BPO): Issued by the Punong Barangay; valid for 15 days.
  2. Temporary Protection Order (TPO): Issued by a court; usually valid for 30 days but extendable.
  3. Permanent Protection Order (PPO): Issued by the court after a trial; remains in effect until the grounds for its issuance no longer exist.

Steps to File a VAWC Case

  1. Reporting: Report the incident to the Barangay or the PNP Women and Children Protection Desk (WCPD).
  2. Medical Examination: If physical or sexual violence occurred, obtain a medical certificate from a government hospital.
  3. Affidavit-Complaint: Prepare a sworn statement (Affidavit-Complaint) detailing the incidents of violence. This is usually done with the help of a lawyer or a prosecutor.
  4. Filing at the Prosecutor’s Office: The complaint is filed for Preliminary Investigation. The prosecutor determines if there is "probable cause" to bring the case to court.
  5. Court Proceedings: Once an "Information" (criminal charge) is filed in the Regional Trial Court (Family Court), a warrant of arrest will be issued against the perpetrator.

II. Filing for Child Support

Under the Family Code, parents are legally obliged to support their children. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation.

Determining the Amount

There is no "fixed" amount for child support in the Philippines. It is governed by the Principle of Proportionality: support shall be in proportion to the resources or means of the giver and the necessities of the recipient.

Procedure for Claiming Support

  1. Demand for Support: Legally, support is only due from the time it is extrajudicially or judicially demanded. Send a formal Demand Letter via registered mail.
  2. Mediation: Often, parties are encouraged to undergo mediation at the Barangay level or through the Philippine Mediation Center (PMC) once a case is filed.
  3. Petition for Support: If the parent refuses to provide support, file a Petition for Support (or Support Pendente Lite for immediate support while the case is ongoing) in the Family Court.
  4. Proof of Filiation: You must prove the child is a legal child of the respondent. This is done via:
  • The Birth Certificate (signed by the father).
  • A final judgment of paternity.
  • Admission of paternity in public or private handwritten instruments.

III. Interconnection: Support as an Element of VAWC

It is a common legal strategy in the Philippines to file for support through the lens of R.A. 9262. Economic Abuse includes the "deprivation of financial support."

  • Criminal VAWC for Non-Support: If a father willfully refuses to provide support to cause psychological or emotional anguish, he can be criminally charged under R.A. 9262.
  • Automatic Salary Deduction: Under Section 35 of R.A. 9262, the court can issue an order to the employer of the perpetrator to deduct the support amount directly from his salary and remit it to the mother/child.

IV. Required Documents Checklist

Document Purpose
Birth Certificate (PSA) To prove filiation and age of the child.
Marriage Contract (if applicable) To establish the legal relationship between spouses.
Affidavit-Complaint To detail the acts of violence or the history of neglect.
Evidence of Income Pay slips or ITR of the respondent (if available) to prove capacity to pay.
List of Expenses To establish the "needs" of the child (tuition, food, medical bills).
Medical/Psychological Certificate To prove physical harm or mental distress in VAWC cases.

V. Key Legal Principles to Remember

  • Support Never Prescribes: The right to claim support does not expire, though you can only claim arrears (back-pay) from the time the formal demand was made.
  • The "Tender Age" Rule: Children under seven years old generally stay with the mother, and the father’s primary obligation is to provide support regardless of custody.
  • Public Crime: VAWC is considered a public crime. Even if the victim withdraws the complaint (Affidavit of Desistance), the State may still prosecute the case, although it becomes more difficult.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.