Navigating the Philippine legal system to secure protection for yourself and support for your children can be a daunting process. Understanding the specific legal frameworks—Republic Act No. 9262 (VAWC) and the Family Code (Child Support)—is the first step toward reclaiming your rights and safety.
1. Violence Against Women and Their Children (RA 9262)
The Anti-Violence Against Women and Their Children Act of 2004 (VAWC) is a landmark law that protects women and their children from various forms of abuse. It applies even if the relationship with the perpetrator has ended.
Forms of Abuse Covered
RA 9262 recognizes four main types of violence:
- Physical Violence: Bodily harm or threats of bodily harm.
- Sexual Violence: Forcing sexual acts, including those within marriage, or prostituting the woman/child.
- Psychological Violence: Acts causing mental or emotional anguish, such as stalking, public ridicule, or deprivation of access to children.
- Economic Abuse: Making the woman financially dependent or withdrawing financial support to control her.
Protection Orders
One of the most immediate remedies under RA 9262 is the Protection Order, which aims to prevent further harm.
- Barangay Protection Order (BPO): Issued by the Punong Barangay; valid for 15 days.
- Temporary Protection Order (TPO): Issued by a court on the same day the petition is filed; usually valid for 30 days but extendable.
- Permanent Protection Order (PPO): Issued by the court after a trial; it is final and permanent.
2. Filing for Child Support
Under the Family Code of the Philippines, parents are legally obligated to provide support to their children. This obligation is "mutual" but is most commonly sought from the non-custodial parent.
What Does Support Cover?
"Support" is comprehensive and includes:
- Sustenance (food) and dwelling (housing).
- Clothing and medical attendance.
- Education (even beyond the age of majority if the child is still studying).
- Transportation.
Amount of Support
There is no "fixed" amount or percentage (like 20% of salary) under Philippine law. The amount is determined based on two factors:
- The Needs of the Child: The actual cost of living and schooling.
- The Means of the Giver: The income and financial capacity of the parent.
3. Step-by-Step Filing Process
Step 1: Documentation and Evidence
Gather all necessary documents to prove the relationship and the abuse/need for support:
- PSA Birth Certificates of the children.
- PSA Marriage Contract (if applicable).
- Medical Certificates or photos of injuries (for physical VAWC).
- Police Reports or Barangay Blotters.
- Proof of Expenses (tuition receipts, utility bills, grocery lists).
- Proof of Respondent's Income (if available, such as payslips or social media posts showing lifestyle).
Step 2: Where to File
- For VAWC: File a criminal complaint at the Prosecutor’s Office or go to the Women and Children Protection Desk (WCPD) of the nearest police station. You may also file a petition for a Protection Order directly with the Regional Trial Court (Family Court).
- For Child Support: This is generally a civil case filed in the Family Court of the province or city where the mother or the child resides.
Step 3: The Mediation Phase
For support cases, the court usually mandates mediation through the Philippine Mediation Center. If both parents agree on an amount, a "Compromise Agreement" is signed and approved by the judge, having the force of a final judgment. If mediation fails, the case proceeds to trial.
Step 4: Trial and Judgment
The court will hear testimonies. For VAWC, the goal is a conviction (imprisonment) and a PPO. For Support, the goal is a Court Order mandating a specific monthly allowance.
4. Remedies for Non-Compliance
If a parent refuses to pay the court-ordered support:
- Motion for Execution: Asking the court to enforce the order.
- Garnishment: The court can order the parent’s employer to deduct support directly from their salary.
- Criminal Case for VAWC: Under RA 9262, the willful refusal to provide financial support is considered Economic Abuse, which is a criminal offense punishable by imprisonment.
5. Important Legal Considerations
- Illegitimate Children: Children born outside of marriage are entitled to full support, provided the father has recognized the child (e.g., signed the birth certificate or an affidavit of admission of paternity).
- Legal Fees: If the complainant is "indigent" (has no sufficient income), they can seek assistance from the Public Attorney’s Office (PAO) or the Integrated Bar of the Philippines (IBP) to waive filing fees and receive free legal representation.
- Extraterritoriality: Even if the father is an OFW or living abroad, he can still be sued for support in Philippine courts. International conventions (like the Hague Convention on Support) may also assist in enforcement.