Introduction
The Anti-Violence Against Women and Their Children Act of 2004 (Republic Act No. 9262, or RA 9262) is the primary law in the Philippines that criminalizes violence against women and their children committed by intimate partners. It defines violence against women and children (VAWC) as any act or series of acts that result in or are likely to result in physical, sexual, psychological harm or suffering, or economic abuse committed against a woman or her child by a person with whom she has or had a sexual or dating relationship.
A spouse is explicitly covered under Section 3(a) of RA 9262 as a person with whom the woman has a valid or void marriage. A paramour (mistress or lover) may also be held liable if the acts of violence are committed in the presence of the child, or if the paramour aids, abets, or conspires with the spouse in committing VAWC. This article exhaustively outlines the legal framework, elements of the crime, procedural steps, evidence requirements, remedies, and jurisprudence relevant to filing a VAWC case against both a spouse and a paramour.
I. Legal Framework and Scope of RA 9262
A. Who is Protected?
- Women (married, separated, or in a dating/sexual relationship)
- Their children (legitimate, illegitimate, or adopted), whether living with them or not
B. Who Can Be Held Liable?
- Husband or former husband
- Live-in partner or former live-in partner
- Person with whom the woman has/had a sexual or dating relationship
- **Any person who aids, abets, or conspires with the above (this includes the paramour)
Key Principle: The paramour is not automatically liable for VAWC unless:
- The violence is committed in the presence of the child, causing mental or emotional anguish (Sec. 5(i))
- The paramour directly participates, aids, or conspires in the abusive acts
C. Acts Constituting VAWC (Sec. 5, RA 9262)
| Category | Examples |
|---|---|
| Physical Violence | Slapping, punching, kicking, burning |
| Sexual Violence | Forced sexual acts, marital rape |
| Psychological Violence | Threats, intimidation, public humiliation, stalking, causing mental/emotional anguish |
| Economic Abuse | Depriving support, destroying property, controlling finances |
Note: Even one act is sufficient to constitute VAWC. Repetition is not required.
II. Elements of VAWC (Crime)
To establish VAWC, the following must be proven beyond reasonable doubt:
- Relationship between the woman and the offender (spouse/paramour)
- Act of violence (physical, sexual, psychological, economic)
- Resulting harm or likelihood of harm to the woman or child
- Causal connection between the act and the harm
Jurisprudence: Garcia v. Drilon (G.R. No. 179267, 2013) – Upheld the constitutionality of RA 9262 and clarified that psychological violence includes infidelity causing mental anguish, especially if done in front of the child.
III. Step-by-Step Guide to Filing a VAWC Case
Step 1: Secure a Barangay Protection Order (BPO)
- Where: Barangay Hall (where the victim resides or where violence occurred)
- Who Can File: The victim, parent, ascendant, child, social worker, police, or barangay official
- Requirements:
- Sworn complaint
- Evidence (photos, medical cert, witnesses)
- Issuance: Within 24 hours (no need for hearing)
- Validity: 15 days, renewable
- Effect: Orders respondent to stay away, stop harassment, etc.
Note: BPO is mandatory before filing in court (Sec. 14).
Step 2: File for Temporary Protection Order (TPO) in Court
- Where: Family Court or Regional Trial Court (if no Family Court)
- When: Within 48 hours after BPO
- Requirements:
- Petition for Protection Order
- Affidavit of complainant
- Supporting documents
- Issuance: Ex parte (without notice to respondent) within 24 hours
- Validity: 30 days, extendable
Step 3: File the Criminal Complaint
- Where: Prosecutor’s Office (City/Provincial Prosecutor) or directly to court via inquest if respondent is arrested
- Who Files: The offended party (woman) or any person with personal knowledge
- Supporting Documents:
- Sworn statement
- Medical certificate
- Photos of injuries
- Barangay blotter
- Witness affidavits
- Marriage certificate (for spouse)
- Birth certificate of child (if involved)
Prescription: VAWC is punishable by prision correccional (6 months to 6 years). Prescription period is 10 years (Act No. 3326).
Step 4: Preliminary Investigation
- Prosecutor evaluates evidence
- Respondent submits counter-affidavit
- Resolution: File case in court or dismiss
Step 5: Trial in Court
- Court: Regional Trial Court (designated as Family Court)
- Burden of Proof: Beyond reasonable doubt
- Penalty:
- 1st offense: Prision correccional (6 mos – 6 yrs) + fine
- Violation of PO: Additional 30 days imprisonment
IV. Holding the Paramour Liable
Legal Basis
- Section 5(i): Causing mental or emotional anguish to the child by committing acts in the child’s presence (e.g., spouse and paramour having sexual relations in front of child)
- Article 19, Civil Code + RA 9262: Paramour may be sued for moral damages if acts are immoral and cause suffering
- Conspiracy: If paramour encourages or assists the spouse (e.g., sending threatening messages)
Evidence Needed Against Paramour
- Presence during violence (testimonies, photos, videos)
- Direct participation (messages, recordings)
- Impact on child (psychological evaluation, school records)
Landmark Case: People v. Genosa (2004) – While not directly on paramour, it recognized battered woman syndrome as a defense, showing the court’s sensitivity to psychological harm.
V. Available Remedies
| Remedy | Details |
|---|---|
| Protection Order | BPO, TPO, PPO (Permanent, up to lifetime) |
| Custody of Children | Automatic to victim-mother (Sec. 28) |
| Support Pendente Lite | Financial support during case |
| Moral/Exemplary Damages | P100,000 – P300,000 (jurisprudence) |
| Counseling | Mandatory for respondent |
VI. Special Procedures and Protections
- No mediation in VAWC cases (Sec. 33)
- Closed-door hearings to protect privacy
- Ex parte TPO – no need to notify respondent
- Legal assistance from PAO, IBP, or NGOs (e.g., Gabriela, Women’s Crisis Center)
- 10-day leave for battered government employees (RA 9262, Sec. 43)
VII. Sample Affidavit (Excerpt)
"I, [Name], of legal age, married, and resident of [Address], after being sworn, state:
- I am the legal wife of [Spouse’s Name], married on [Date] in [Place].
- On [Date], in our residence, my husband slapped me in front of our child, [Child’s Name], and said, 'I will leave you for [Paramour’s Name].'
- [Paramour’s Name] was present and laughed, saying, 'She deserves it.'
- My child has been crying and refusing to eat since the incident.
- I am executing this affidavit to file VAWC charges against both respondents."
VIII. Common Defenses and Counterclaims
| Defense | Counter |
|---|---|
| "It’s a private matter" | VAWC is a public crime |
| "No physical injury" | Psychological violence is sufficient |
| "Paramour didn’t touch her" | Presence + emotional harm to child = liability |
IX. Frequently Asked Questions
Q: Can I file VAWC if we are legally separated?
A: YES. RA 9262 covers former spouses.
Q: What if the paramour is a woman?
A: YES. The law is gender-neutral in terms of the offender.
Q: Can I file VAWC and adultery/concubinage at the same time?
A: YES. They are separate crimes.
Q: What if the child is not mine but my spouse’s from another relationship?
A: STILL COVERED if the child lives with you or is under your care.
X. Conclusion
Filing a VAWC case against a spouse and paramour requires swift action, strong evidence, and legal support. The law prioritizes the safety of the woman and child, offering immediate protection and long-term remedies. Victims should never hesitate to approach the barangay, police, or NGOs. RA 9262 is a powerful tool for justice—use it.
For legal assistance:
- Public Attorney’s Office (PAO)
- Integrated Bar of the Philippines (IBP) Legal Aid
- DSWD Women and Children Protection Units
- PNP Women and Children Protection Desks
This article is for educational purposes and does not substitute for legal advice from a licensed attorney.