Here’s a clear, plain-English legal article on psychological abuse under the Violence Against Women and Their Children (VAWC) Act of the Philippines (Republic Act No. 9262)—what it covers, who’s protected, how to prove it, and exactly what you can ask the authorities and courts to do.
Psychological Abuse Under the VAWC Act (Philippines)
What the law protects—and from whom
RA 9262 protects:
- Women who are or were: a wife, former wife, live-in partner, former live-in partner, girlfriend in a dating relationship, or a woman with whom the offender has or had a sexual relationship (need not be exclusive or long-term); and
- Her child/children (legitimate or illegitimate) or a child under her care.
The offender is the person with that intimate/dating/sexual relation to the woman (or the father/step-father/partner vis-à-vis the child). Abuse can happen during the relationship or after it ends.
You do not have to be married. “Dating relationship” expressly qualifies.
What is “psychological abuse” under VAWC?
In simple terms, it’s acts or omissions that cause mental or emotional suffering to the woman or her child. The law (and case practice) recognize, among others:
- Intimidation, threats, coercion (“If you leave me, I’ll ruin your career.”)
- Harassment/stalking, including cyber-harassment (relentless messages, doxxing, tracking apps, fake accounts)
- Public ridicule or humiliation (posting private photos, shaming on social media, humiliating in front of family/co-workers)
- Repeated verbal and emotional abuse (name-calling, gaslighting, constant belittling, isolation from friends/family)
- Controlling behavior (surveillance, restricting movement, confiscating phone, forbidding work or study)
- Economic or financial control that inflicts psychological harm (e.g., denial of financial support for the woman/child as a means of control or punishment)
- Jealousy/possessiveness escalating into monitoring, accusations, and threats
- Exposure of a child to the abuse of the mother (children’s witnessing of violence is itself psychological abuse against the child)
One severe act can be enough; many cases involve a pattern of controlling, humiliating, or threatening conduct.
Criminal liability vs. protection orders (two tracks you can use together)
Criminal Case (VAWC offense). You can file a criminal complaint for psychological violence under RA 9262. Penalties include imprisonment, fines, and mandatory psychological counseling or rehabilitation for the offender (court-ordered).
Protection Orders (civil-protective). You may ask for Protection Orders that immediately restrain the offender and safeguard you/your child, whether or not a criminal case is filed:
- BPO (Barangay Protection Order): Issued by the barangay; quick, summary, typically effective for a short period. It can order the offender to stop harassment/threats, stay away, and have no contact. Violation is a separate punishable offense.
- TPO (Temporary Protection Order): Issued by the court, often ex parte (without hearing the offender first) if there’s urgency; typically effective for about 30 days.
- PPO (Permanent Protection Order): Issued after hearing; remains effective until modified/lifted by the court.
You can seek a BPO immediately at the barangay for quick relief, then go to court for a TPO/PPO with broader terms.
What a Protection Order can include
Courts (and barangays, within their limited scope) can order, among others:
- No contact / stay-away orders (home, work, school, places you frequent; physical and online contact)
- Electronic restraints (no calls, no messages, no tagging/mentioning, no posting/sharing of private images)
- Exclusive use and possession of the residence (and exclusion of the offender) when appropriate
- Temporary custody of the child to the woman and visitation rules to prevent intimidation
- Support for the woman/child (monthly support, school/medical expenses)
- Surrender of firearms and revocation of licenses/permits
- Mandatory counseling (offender and/or family)
- Police assistance for retrieval of personal effects, service of order, and safe movement
Violating a TPO/PPO (or a BPO) is separately punishable, so even one message or “like” can matter if the order says no contact.
Elements you generally need to show (criminal psychological abuse)
- Qualifying relationship (spouse/partner/former/dating/sexual relation; or child under the woman’s care);
- Acts or omissions of the offender that caused mental or emotional anguish, public ridicule or humiliation, or similar harm;
- Causation between the acts and your psychological/emotional suffering (anxiety, fear, humiliation, loss of sleep/appetite, depression, etc.).
Medical or psychological reports help but are not strictly required. Courts can credit your testimony, plus messages, witnesses, and behavior changes. Still, professional evaluation (psychologist/psychiatrist) is powerful evidence of severity and impact.
Evidence that convinces decision-makers
Digital trail
- Screenshots/exports of texts, chats (with numbers/handles visible), emails, call logs
- Social-media posts, tags, DMs; metadata if possible
- GPS/tracking app records; photos of hidden devices
Witnesses & real-world proof
- Statements of friends/relatives/co-workers who observed threats, humiliation, stalking, or your distress
- CCTV or building security logs, barangay blotter entries, company incident reports
Professional/medical
- Psychological evaluation (diagnoses like anxiety disorder, depression, PTSD; treatment plans)
- Certificates from doctors/therapists; prescription/therapy receipts
Your own documentation
- Incident log (date/time, what happened, platform, witnesses)
- Financial records showing denial of support (unpaid tuition, medical bills, sudden cutting off of allowances), if part of the pattern
- Threat assessment (escalation timeline, prior weapons, suicide/homicide threats)
Preserve originals; print PDFs of chats; back up to an external drive/cloud. Avoid editing or annotating on the original files—note your comments in a separate log.
Where and how to file
A. Barangay (for BPO and blotter)
- Go to your barangay hall; ask for BPO under RA 9262.
- Bring any ID, short narration, screenshots (even on your phone).
- The Punong Barangay or designated official can act immediately.
B. Police / Prosecutor (criminal case)
- Report to the PNP Women and Children Protection Desk (WCPD) or NBI VAWC unit; they’ll assist in preparing a criminal complaint-affidavit and forwarding to the Prosecutor’s Office for inquest or preliminary investigation.
C. Family Court / RTC (TPO/PPO and related civil relief)
- File a Verified Petition for Protection Order (you can file where you reside).
- You may couple it with prayers for custody, support, and exclusive residence use, as needed.
- PAO or NGOs can help draft if you can’t afford counsel.
Practical safety and strategy tips
- Do a quick safety plan. Change passwords, enable 2FA, audit app permissions, scan devices for stalkerware, adjust social privacy settings, inform trusted people about check-ins.
- Control the channel. After you file, don’t engage if he baits you; let the paper trail show violations.
- Ask for specific, digital-age terms in your order: “No direct or indirect contact, including via phone, SMS, chat, email, social media (posts, tags, messages), or third parties.”
- Keep a violation log after an order is issued; report promptly. Small violations establish a pattern.
- Mind the child’s best interests. If the child is targeted or used as conduit (“message your mom for me”), note and report—this is separate abuse against the child.
Frequently asked questions
Do I need a psychiatrist to win? Not strictly, but psychological evidence (evaluation, therapy notes) strongly strengthens your case and helps the court measure harm.
What if the abuse was all online? Online acts count. Save URLs, usernames, and platform responses (reports/takedowns). Ask the court to prohibit any online mention or contact.
He says it’s just “fighting” or “free speech.” When words/acts are used to control, intimidate, humiliate, or terrorize, causing psychological harm, the law treats it as violence, not mere quarrel.
Can I get custody and support through VAWC? Yes. Protection Orders can award temporary custody and require child support (and sometimes support for the woman), pending or alongside other cases.
What if we no longer live in the same city? You can file where you live now (for protection orders and criminal complaints). Barangay conciliation is not a prerequisite to VAWC cases.
He violated the BPO/TPO once but then stopped. File pa rin? Yes. Any violation is actionable—report it. Even a single breach can justify stricter orders or criminal liability.
Sample, ready-to-use outlines
1) Incident Log (keep this running)
- Date/Time:
- What happened: (exact words/actions; attach screenshots as “Annex A-1,” etc.)
- Platform/Place:
- Witnesses:
- How you felt/impact: (panic attack, sleeplessness, missed work)
- Reported to: (barangay/police/HR), Reference No.:
- Attachments:
2) Key asks for a Petition for Protection Order
- No contact and stay-away (specify radius & places)
- No electronic contact or mention (social media, aliases, third parties)
- Exclusive use of residence; police assistance for retrieval of belongings
- Temporary custody; structured/supervised visitation (if any)
- Monthly support (itemized needs)
- Surrender of firearms and IDs; undergo counseling
- Attorney’s fees and costs (if warranted)
What courts look for (so you present it right)
- Clear narrative of the pattern (dates, escalation, impact on your mental health)
- Corroboration (screenshots/witnesses/medical notes) even if brief
- Specific relief tied to the conduct (e.g., online harassment → explicit social-media restraints)
- Child-focused proposals for custody/visitation/support when children are involved
Bottom line
- Psychological abuse is real “violence” under RA 9262—offline or online.
- You can obtain fast protective relief (BPO/TPO/PPO) and pursue criminal penalties.
- Your testimony, backed by a documentation trail and (ideally) a psych evaluation, can be enough to hold the abuser accountable and secure strong, enforceable protections for you and your child.
This article is general legal information (Philippine context), not legal advice. If you share a few specifics (city, relationship status, sample screenshots, and whether a child is involved), I can draft a tailored Protection Order petition checklist and a step-by-step filing plan you can use immediately.