Understanding the Sample Affidavit-Complaint Under the Philippine Anti-VAWC Law (RA 9262)

Introduction to RA 9262: The Anti-Violence Against Women and Their Children Act of 2004

The Republic Act No. 9262, commonly known as the Anti-VAWC Law, was enacted on March 8, 2004, to address the pervasive issue of violence against women and children in the Philippines. This legislation recognizes that such violence constitutes a violation of human rights and aims to provide comprehensive protection to victims while imposing penalties on perpetrators. It covers physical, sexual, psychological, and economic abuse committed against women and their children by intimate partners, including husbands, live-in partners, former partners, or those with whom the victim has a dating or sexual relationship.

Under RA 9262, violence is broadly defined to include acts that cause or are likely to cause harm, whether in private or public settings. The law emphasizes the unequal power dynamics in relationships and prioritizes the safety and well-being of victims. Key features include the issuance of protection orders (Barangay Protection Order or BPO, Temporary Protection Order or TPO, and Permanent Protection Order or PPO), criminal prosecution, and civil remedies such as support and custody provisions.

The affidavit-complaint serves as the foundational document for initiating criminal proceedings under this law. It is a sworn statement by the victim or an authorized representative detailing the acts of violence, which triggers the prosecutorial process. This article explores the affidavit-complaint in depth, including its purpose, required elements, procedural aspects, and a sample format, all within the Philippine legal framework.

Purpose and Legal Basis of the Affidavit-Complaint

The affidavit-complaint is a critical tool for victims seeking justice under RA 9262. It is filed with the prosecutor's office or, in some cases, directly with the court, to commence a criminal case. Unlike ordinary complaints, it must be in affidavit form, meaning it is subscribed and sworn to before a prosecutor or notary public, ensuring its veracity under penalty of perjury.

Legally, Section 5 of RA 9262 outlines the acts punishable as violence against women and children, which form the basis for the allegations in the affidavit. The complaint must allege that the acts fall under one or more categories of abuse:

Physical Violence: Causing bodily harm, such as battery or assault.
Sexual Violence: Including rape, acts of lasciviousness, or treating the victim as a sex object.
Psychological Violence: Inflicting mental or emotional anguish, such as intimidation, stalking, or public humiliation.
Economic Abuse: Depriving the victim of financial resources, destroying property, or controlling economic activities.

The affidavit-complaint not only initiates criminal action but can also support applications for protection orders. It is non-prescriptive in form but must comply with the Rules on Criminal Procedure, particularly Rule 110 of the Revised Rules of Criminal Procedure, which requires specificity in allegations to inform the accused of the charges.

Who Can File an Affidavit-Complaint?

Under RA 9262, the following individuals or entities may file the affidavit-complaint:

The offended party (the woman or child victim).
Parents or guardians of the child victim.
Ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity.
Officers or social workers of the Department of Social Welfare and Development (DSWD) or local social welfare offices.
Police officers.
Punong Barangay or Barangay Kagawad.
Lawyers, counselors, therapists, or healthcare providers who have assisted the victim.
At least two concerned responsible citizens of the city or municipality where the violence occurred, after personal knowledge or authentication.

This broad standing reflects the law's intent to encourage reporting and protect vulnerable victims who may be unable or afraid to file themselves. Minors or incompetent persons require representation, and the complaint can be filed even if the victim is abroad, provided the acts occurred in the Philippines or have a nexus to it.

Essential Elements of an Affidavit-Complaint

A valid affidavit-complaint under RA 9262 must contain the following elements to withstand preliminary investigation and potential dismissal:

Personal Information: Full names, ages, addresses, and relationships of the complainant (victim) and the respondent (accused).
Jurisdictional Facts: Venue where the acts occurred, ensuring the case is filed in the proper court (usually the Regional Trial Court designated as Family Court, or Metropolitan Trial Court in Metro Manila).
Detailed Allegations: A chronological narrative of the abusive acts, specifying dates, times, places, and circumstances. It should clearly state how the acts constitute VAWC, with supporting evidence if available (e.g., medical certificates, photographs, witness statements).
Impact on Victim: Description of physical, emotional, or economic harm suffered, including effects on children if applicable.
Request for Relief: Prayer for the issuance of a warrant of arrest, protection orders, and other remedies like child support or damages.
Sworn Statement: Affirmation that the allegations are true and correct, with the complainant's signature and jurat (notarization).

Supporting documents, such as medico-legal reports, police blotters, or affidavits from witnesses, should be attached to strengthen the case. Omissions or vagueness can lead to dismissal during preliminary investigation by the prosecutor.

Procedural Steps in Filing and Processing

Filing an affidavit-complaint involves several steps:

Preparation: The victim or representative drafts the affidavit, often with assistance from a lawyer, women's desk at police stations, or NGOs like the Integrated Bar of the Philippines (IBP) or Gabriela.
Subscription: Swear to the affidavit before a prosecutor at the Office of the City or Provincial Prosecutor.
Filing: Submit to the prosecutor's office in the place where the act occurred or where the victim resides. No filing fee is required for indigent victims.
Preliminary Investigation: The prosecutor evaluates if there is probable cause. The respondent is given a chance to file a counter-affidavit.
Resolution: If probable cause is found, the prosecutor files an information with the court; otherwise, the case is dismissed.
Court Proceedings: Arraignment, pre-trial, trial, and judgment follow. VAWC cases are handled confidentially, with closed-door hearings if necessary.

The law mandates priority handling, with trials concluding within six months. Bailable offenses under RA 9262 have higher bail amounts, and violations are punishable by imprisonment from 1 month to 20 years, plus fines.

Common Challenges and Legal Considerations

Victims often face hurdles such as fear of retaliation, economic dependence, or lack of evidence. RA 9262 addresses these by allowing ex parte issuance of TPOs and providing for battered woman syndrome as a defense in related cases. Reconciliation is discouraged if it endangers the victim, and the law prevails over cultural norms promoting family unity.

False complaints are punishable under perjury laws, but the threshold for good faith is high to protect genuine victims. Amendments and Supreme Court rulings, such as in People v. Genosa (on battered woman syndrome), have expanded interpretations.

Sample Affidavit-Complaint Format

Below is a sample affidavit-complaint template based on standard Philippine legal practice. This is illustrative and should be customized with specific facts; consulting a lawyer is advisable.

REPUBLIC OF THE PHILIPPINES
PROVINCE OF [Province]
CITY/MUNICIPALITY OF [City/Municipality]

AFFIDAVIT-COMPLAINT

I, [Full Name of Complainant], of legal age, Filipino, [marital status], residing at [Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the [relationship, e.g., wife/live-in partner] of the respondent, [Full Name of Respondent], of legal age, Filipino, residing at [Address];
That on [date/s], at [place/s], the respondent committed the following acts of violence against me and/or our child/children [name/s and age/s]:

a. [Detailed description of physical/sexual/psychological/economic abuse, e.g., "The respondent slapped me repeatedly, causing bruises on my face, as evidenced by the attached medical certificate."];

b. [Additional incidents with specifics];
That these acts have caused me [describe harm, e.g., physical injuries, emotional distress, financial deprivation], and have endangered the safety of our child/children;
That I am executing this affidavit to file a criminal complaint against the respondent for violation of Section 5 [specify subsection] of Republic Act No. 9262, and to support my application for a Protection Order;
That I am praying that after due investigation, an Information be filed against the respondent, a warrant of arrest be issued, and appropriate protection orders be granted.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place].

[Signature of Complainant]
[Printed Name]

SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting to me [competent proof of identity, e.g., ID type and number].

[Signature of Administering Officer]
[Name and Position, e.g., Assistant City Prosecutor]

Attachments:

[List documents, e.g., Medical Certificate, Photographs, Witness Affidavits]

Remedies and Support Available

Beyond criminal prosecution, RA 9262 provides:

Protection Orders: BPO (valid 15 days), TPO (up to 30 days, extendable), PPO (permanent).
Civil Actions: Custody, support, separation of property.
Institutional Support: DSWD shelters, PNP Women's Desks, DOJ's VAWC desks, and NGOs.

Victims can seek free legal aid from the Public Attorney's Office (PAO) if indigent.

Conclusion

The affidavit-complaint under RA 9262 empowers victims to break the cycle of abuse through legal recourse. By meticulously detailing abuses and following procedures, it ensures accountability and protection. This mechanism underscores the Philippines' commitment to gender equality and human rights, fostering a society free from violence against women and children. For personalized advice, victims should consult legal professionals or relevant authorities.