Legal Action for Emotional Abuse and Abandonment in Intimate Relationships

Philippine Law Primer – 2025 update

1. Overview

In the Philippines, “emotional abuse” (often called psychological violence) and “abandonment” are actionable under a constellation of statutes and jurisprudence that protect spouses, live-in partners, former partners, and their children. The primary pillars are:

Key Law	Scope & Remedies
Republic Act 9262 – Anti-Violence Against Women and Their Children Act of 2004 (VAWC)	Criminalizes psychological, economic, physical & sexual violence by a husband, ex-husband, boyfriend, live-in partner, dating partner, or the father of a woman’s child. Grants civil and protective relief.
Civil Code Articles 19–21, 26 & 2219-2220	Create independent civil actions for damages when a right or dignity is violated (e.g., humiliation, mental anguish).
Family Code	- Art. 45(4): abandonment as ground for annulment when it “compels” one to marry. - Art. 55(4): repeated physical violence or grossly abusive conduct (including emotional abuse) as ground for legal separation.
Revised Penal Code (RPC)	- Art. 277 & 275: criminal abandonment of minors or helpless persons. - Art. 334 (concubinage) and Art. 333 (adultery) sometimes invoked in abandonment fact-patterns.
Safe Spaces Act (RA 11313, 2019)	Penalizes gender-based online, workplace & public harassment—relevant if abuse is delivered by chat, social media, etc.

Important: While both men and women can suffer psychological abuse, RA 9262 protects women and their children. Male victims may invoke the Civil Code, RPC provisions on unjust vexation or serious coercion, or—in practice—ask the prosecutor to file under RA 7610 (child abuse) if minors are involved, but there is no gender-neutral domestic-violence statute yet.

2. Defining Emotional / Psychological Abuse

Under §3(c) of RA 9262, psychological violence is:

“Acts or omissions causing mental or emotional suffering of the victim … including but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and abandonment.”

Key jurisprudence:

Garcia v. Drilon (G.R. 179267, June 25 2013) – upheld RA 9262’s constitutionality; psychological violence need not be accompanied by physical injuries; even a single act can suffice if impact is severe.
People v. AAA (G.R. 247001, Feb 10 2021) – text-message threats and controlling behavior constituted psychological violence; conviction affirmed despite no physical harm.
People v. Abayon (G.R. 207818, Jan 30 2017) – screaming insults and threats to kill their child supported conviction.

3. Abandonment as a Form of Violence

Economic abuse (§3(d), RA 9262) includes:

“Abandoning the woman or her children, depriving them of financial support …”

Thus, wilful desertion plus withholding support exposes the offender to 10 days–12 years imprisonment (prison correccional to prison mayor) and/or fine ₱100 k–₱300 k (§6). The court must also order:

Restitution of support arrears;
Mandatory parenting or psychological counseling (§8).

Separate crimes:

Art. 277 RPC – abandonment of a minor by a parent/guardian (penalty: arresto mayor + fine) – can be filed alongside RA 9262.
Art. 196 Family Code – civil liability for support.

4. Procedural Pathways

Stage	Forum & Instrument	Typical Timeline
Immediate safety	Barangay Protection Order (BPO) – issued by Brgy. Captain within 24 hrs; lasts 15 days; can direct offender to stay away or cease harassment.
Long-term protection	Temporary Protection Order (TPO) – RTC/Family Court ex parte; valid 30 days; convertible to Permanent Protection Order (PPO) after hearing.
Criminal action	Complaint-Affidavit to Office of the Prosecutor. Preliminary investigation → Information in court. No filing fee. Penalties non-bailable if minimum >6 yrs.
Civil action for damages	Can be filed independently or simultaneously with the criminal case (Sec. 35, RA 9262). Exemplary & moral damages common; no docket fees for indigents.
Marriage remedies	Annulment (Art. 45) or Legal Separation (Art. 55) in Family Court; cooling-off 6 months; mandatory mediation. Psychological incapacity petitions often cite chronic abuse/abandonment (Republic v. Molina, 1997; Tan-Andal v. Andal, 2021 re-flexed standard of “illness of the mind”).

Evidence Tips

Diary entries, chats, emails, call recordings (RA 9262 allows admissibility even if recorded without consent, per Garcia v. Drilon dictum, when offered by the victim).
Psychological evaluation establishing trauma, PTSD, depression.
Proof of non-support: school billing, medical receipts, bank certification showing no remittances.

5. Available Relief

Criminal penalties (imprisonment, fine)
Civil damages (moral, exemplary, nominal, actual)
Protective orders (exclusion from residence, custody, firearms confiscation)
Child support & spousal support via PPO and Art. 203 Family Code enforcement
Community-based services – free legal aid (PAO), shelters run by DSWD & LGUs, Women’s Desk hotlines.

6. Special Considerations (2023-2025 Updates)

Safe Spaces Act IRR (2023) clarified that repeated doxxing, revenge porn threats, or AI-generated deepfake harassment can be prosecuted as psychological violence when in a dating context.
Proposed Senate Bill 2162 (pending) seeks a Gender-Neutral Domestic Violence Act to cover male and LGBTQ+ survivors; until passed, RA 9262 remains gender-specific.
E-VAWC Filings: Many prosecutors now accept e-sworn statements and online evidence submission under the 2023 DOJ e-Complaints Guidelines.
Judicial Affidavit Rule (A.M. No. 12-8-8-SC) shortens testimony time for sensitive cases.

7. Practical Steps for Survivors

Document every incident (date, place, witnesses, screenshots).
Go to the Barangay for a BPO or direct filing at the prosecutor’s office if danger is imminent.
Secure a medico-legal report (even for emotional abuse, note sleep loss, anxiety, etc.).
Consult PAO or accredited NGO (e.g., Women’s Crisis Center) for free counsel.
File for PPO concurrently if residence exclusion or child custody is urgent.
Open a separate bank account and prepare financial records to establish economic abuse.

8. Frequently Asked Questions

Question	Answer
Can men file emotional-abuse charges?	Not under RA 9262; they can sue under Civil Code, RPC’s unjust vexation or acts of lasciviousness, and seek a protection order under the Barangay Ordinance if available.
Is proof of physical injury required?	No. Psychological violence is a stand-alone offense; torment, intimidation, and humiliation suffice.
What if the abuser is abroad?	File in the RTC where the woman resides (§7, RA 9262). POLO/Embassy can serve summons; conviction in absentia possible.
Does forgiveness bar prosecution?	The offense is public; pardon or settlement does not extinguish criminal liability (People v. Dionaldo, 2019).
How long do I have to file?	20-year prescriptive period for RA 9262 crimes (§24), reflecting the gravity of violence against women.

9. Conclusion

Philippine law treats emotional abuse and abandonment as serious violations of personal security and familial duties. Survivors are armed with a broad toolkit: criminal prosecution under RA 9262, civil suits for damages, swift protection orders, and family-law remedies. Despite gender limitations in the statute, creative use of the Civil Code and emerging jurisprudence ensures that all victims have avenues for redress. Continued legislative reform and vigilant enforcement remain vital to close protection gaps and advance genuine domestic peace.