Steps to File a VAWC Case and Claim Child Support for Illegitimate Children in the Philippines

This article explains how a woman (and her child) can pursue remedies under the Anti-Violence Against Women and Their Children Act (RA 9262) and how to secure child support for an illegitimate child under Philippine law. It is a practical guide—organized by decisions you need to make, papers you must prepare, offices you can approach, and what to expect in each stage.

Part I — Understanding Your Legal Foundations

1) What counts as VAWC?

Violence Against Women and Their Children (VAWC) under RA 9262 covers physical, sexual, psychological, and economic abuse committed by a husband, former husband, live-in partner, former partner, boyfriend/ex-boyfriend, dating partner, or a man with whom the woman has a common child (whether the child is legitimate or illegitimate). Abuse may happen at home, online, or anywhere—threats and harassment count, not only physical injuries.

Economic abuse includes withholding financial support, depriving or threatening to deprive financial resources, or controlling the woman’s and/or child’s money or property.

2) Who is protected?

The woman who is/was in a marital, live-in, dating, or sexual relationship with the offender, or has a common child with him.
Her children (legitimate or illegitimate), including step-children under her care.

3) What is “child support” in law?

“Support” includes everything indispensable for sustenance—food, clothing, shelter, medical care, transportation, education, and training—in keeping with the family’s social and financial circumstances. Both parents are obliged to support their children whether legitimate or illegitimate. The amount is proportionate to the child’s needs and the parents’ means, and it can be increased or decreased if circumstances change.

Key point: For an illegitimate child, you can claim support even if the child does not carry the father’s surname. What you must prove is filiation (that he is the father).

Part II — Immediate Safety, Evidence, and First Moves

1) Prioritize safety and medical care

If injured or threatened, go to a hospital and request a medico-legal exam; keep all records.
Call or go to the PNP Women and Children Protection Desk (WCPD) of any police station.
You may seek help from the DSWD social worker or a local crisis intervention center or shelter.

2) Preserve evidence (VAWC and support)

Medical records and photos of injuries.
Threats or admissions (texts, chats, emails, call recordings if lawfully obtained).
Financial proof: receipts for the child’s expenses; proof of the father’s income/standard of living (pay slips, business registration, social media lifestyle, vehicles, properties).
Proof of relationship/filiation: birth certificate, acknowledgment documents, photos, messages, remittance receipts, school forms, affidavits of witnesses, and DNA test results if available (DNA is admissible but not strictly required to file).

Part III — Protection Orders (Fastest Shield)

RA 9262 provides Protection Orders that can be obtained even before or alongside a criminal case:

A. Barangay Protection Order (BPO)

Where filed: Punong Barangay (or any Barangay Kagawad if the PB is unavailable) where you reside or where the abuse occurred.
Who may file: The woman, her child, parents/guardians, ascendants/relatives within the 4th civil degree, social worker, police, or barangay official on her behalf.
Process & speed: Same-day issuance after a brief ex parte interview. Effective for 15 days.
What it can order: The respondent to stop the abuse, stay away from you/your child, and comply with other immediate conditions. Violating a BPO is a criminal offense.

B. Temporary Protection Order (TPO)

Where filed: Family Court/Regional Trial Court (where you or the respondent resides, or where the abuse occurred).
Speed: Issued ex parte, typically on the day of filing.
Coverage: Can include custody, visitation restrictions, temporary support, exclusive use of the residence, surrender of firearms, stay-away orders, and arrangements to safely retrieve belongings.

C. Permanent Protection Order (PPO)

When: After a hearing (you may be assisted by a public attorney).
Duration: Continuous unless modified by the court.
Relief: May retain and expand TPO reliefs (support, custody, residence, debt payment allocations, counseling, etc.).

Tip: When you apply for a TPO/PPO, always include a detailed prayer for child support and attach a budget matrix of the child’s monthly needs with receipts.

Part IV — Filing a Criminal VAWC Case

1) Where and how to start

Police/NBI route: Give a sworn statement at the PNP WCPD or NBI. They’ll forward the complaint to the Prosecutor’s Office for inquest (if arrested) or preliminary investigation.
Direct to Prosecutor: File a Complaint-Affidavit with annexes (evidence). The prosecutor may subpoena the respondent, require counter-affidavits, then decide whether to file Informations in court.

2) What to allege

Specific acts of abuse (date, time, place, what was done/said, consequences).
Relationship with the respondent (spouse/partner/dating/common child).
Any patterns of control, harassment, stalking, economic deprivation, or threats.

3) Arrest, bail, and trial

If the court finds probable cause, it may issue a warrant of arrest (unless the case allows direct arrest).
The accused may post bail; violation of any Protection Order is a separate offense.
Conviction carries imprisonment and fines, plus civil damages. Courts often keep or strengthen protective reliefs during and after trial.

Part V — Securing Child Support for an Illegitimate Child

There are two tracks that you can run in parallel or independently:

Track A: Ask for Support via a Protection Order (Fast, within VAWC case)

In your TPO/PPO petition, request provisional and continuing support:
- Monthly support with a line-item budget (tuition, food, rent share, utilities, internet for schooling, transport, medical, clothing, activities).
- Educational and medical cost-sharing.
- Automatic adjustments (e.g., enrollment fee spikes, official tuition increases, seasonal expenses).
Courts can order the employer to deduct support (garnishment/withholding) and remit directly to you; bank deposits or GCash with reference notes are common compliance modes.

Track B: File a Civil Case for Support (with or without VAWC)

Where: Family Court/RTC where you or the father resides.
What to file: Petition for Support (or Petition for Recognition and Support if filiation is contested).
Provisional support: Ask for support pendente lite (temporary support while the case is pending).
Evidence of filiation:
- Birth certificate with father’s acknowledgment;
- Public or private documents where the father admits paternity;
- Open and continuous possession of the status of a child;
- DNA test;
- Testimonies, photos, communications, remittances.
Amount & standard: Proportionate to the child’s needs and the parents’ resources; the court may require Income Tax Returns, pay slips, or asset disclosures.
Effectivity: Support is demandable from the date of judicial or extrajudicial demand (you cannot usually recover expenses before you demanded support, so file early).

If the father refuses to recognize the child: File Recognition and Support together. Courts may still grant provisional support if you show prima facie evidence of filiation (e.g., messages admitting paternity, prior remittances).

Part VI — Barangay Conciliation, Mediation, and When It’s Not Required

VAWC complaints and Protection Orders are not subject to Katarungang Pambarangay conciliation. You may go straight to barangay (for BPO) or directly to court/police.
Pure civil support cases (without VAWC) may require barangay conciliation if both parties reside in the same city/municipality and the dispute is not otherwise exempt. If there is ongoing or threatened violence, or parties reside in different cities/municipalities, or the case requires urgent court relief, you may file directly in court.

Part VII — Computing and Documenting Support

1) Prepare a Budget Matrix (attach to your petition)

Example monthly breakdown (illustrative):

Food & groceries: ₱____
House share (rent/mortgage, utilities): ₱____
Transport/school service: ₱____
Tuition/fees/miscellaneous: ₱____
School supplies/books/projects: ₱____
Internet/phone load (distance learning): ₱____
Medical/dental/medicine: ₱____
Clothing/personal care: ₱____
Activities (sports, arts), contingencies: ₱____

Attach receipts, SOAs, enrollment assessments, medical prescriptions, and proof of the father’s capacity (salary slips, business permits, BIR forms, social media or public records indicating lifestyle/assets).

2) Modes and enforcement of payment

Post-dated checks, payroll deduction, bank transfer, e-wallet, with receipts.
Non-payment can lead to contempt, writs of execution/garnishment, or criminal liability if it forms part of economic abuse under VAWC.
Adjustments: If income rises or costs change (e.g., tuition increases), file a Motion to Modify Support.

Part VIII — Custody, Visitation, and the Mother’s Parental Authority

For an illegitimate child, the mother has sole parental authority and custody by default unless a court orders otherwise. Visitation by the father can be regulated, supervised, or suspended if the child’s safety or welfare so requires—especially in a VAWC context. Protection Orders can set or restrict visitation and bar the respondent from the child’s school or residence.

Part IX — Typical Timelines and Practical Playbook

At a glance

Day 0–1: Go to hospital (if injured), PNP WCPD, barangay for BPO, and file TPO in court with your evidence packet. Ask for provisional support in the TPO.
Week 1–2: Prosecutor’s preliminary investigation proceeds; TPO remains in effect while hearing for PPO is set. Civil support case may be docketed; court may act on support pendente lite.
Following weeks: PPO hearing and issuance; criminal case may be filed in court; civil support case advances with evidence on the father’s income and child’s needs.

Working packet (what to bring/build)

IDs and your child’s birth certificate.
Medico-legal and photos of injuries/property damage.
Printed screenshots of threats/admissions and financial records.
Budget matrix with receipts and school/medical documents.
Names/contact details of witnesses and your sworn statement drafts.

Part X — Special Situations

Father works abroad (OFW): Ask the court for garnishment/withholding from any local employer/agency or local bank accounts; require remittance with proof. Non-compliance can trigger contempt and immigration/agency notifications where appropriate.
Unknown exact income: Present circumstantial proof (lifestyle, properties, vehicles, social media posts, business scale, prior remittances). Courts can impute capacity.
Conflicting cases (e.g., he files custody): Ask the court to consolidate related family cases and to maintain your custody and support provisions under the TPO/PPO pending resolution.
Privacy and safety: Request the court to seal sensitive records, use alternative service of process, and enforce stay-away zones around home, work, and school.

Part XI — Do-It-Now Checklists

A) Filing a BPO (Barangay)

Bring ID and any proof of abuse.
State the relationship and last incident (date/time/place).
Ask for stay-away conditions for you and your child, and immediate referral to WCPD/hospital if needed.
Keep a certified copy of the BPO and service return.

B) Petition for TPO/PPO (Court)

Verified petition under RA 9262 (include relationship, pattern of abuse, recent incident, child details).
Prayers: stay-away, custody, supervised/limited visitation, support (with budget matrix), exclusive residence use, firearm surrender, and law enforcement assistance.
Annexes: medical records, photos, messages, receipts, proof of income/capacity, birth certificate, affidavits.
Ask for ex parte TPO on filing day.

C) Civil Petition for Support (Illegitimate Child)

Captioned Petition for Support (or Recognition and Support).
Allegations of filiation and needs vs. means; attach budget and proof.
Motion for support pendente lite and payroll deduction/bank remittance order.
Proof of extrajudicial demand (demand letter or barangay filing) to mark the start date for support.

Part XII — Frequently Asked Questions

Q: Can I file VAWC even if there was no marriage? A: Yes. RA 9262 covers dating and sexual relationships and situations where you share a common child, regardless of marital status.

Q: Is withholding support a VAWC crime? A: Yes, if done as economic abuse within a covered relationship—especially when used to control, punish, or harm the woman or child. You may pursue criminal VAWC and civil support remedies simultaneously.

Q: What if he denies the child? A: File Recognition and Support. You can still ask the court for provisional support with prima facie proof while recognition is being litigated. DNA can be ordered by the court.

Q: Who keeps custody of an illegitimate child? A: Mother, unless a court orders otherwise. Visitation can be regulated or suspended for safety.

Q: Can we settle at the barangay? A: VAWC cases and Protection Orders are not subject to barangay conciliation. Pure support disputes may go through barangay if the parties reside in the same city/municipality, but you may file directly in court if there’s violence or urgency.

Part XIII — Templates (Short Forms You Can Adapt)

1) Budget Matrix (attach receipts)

Child’s Name/Age/School Food ₱___ | School fees ₱___ | Supplies ₱___ | Transport ₱___ | Medical ₱___ | Clothing ₱___ | Internet ₱___ | Housing share ₱___ | Others ₱___ Total Monthly Need: ₱____ Mother’s Monthly Income: ₱____ (attach proof) Requested Father’s Share: ₱____ (explain basis)

2) Core “Prayer” (what you ask the court to order)

Issue TPO/PPO with stay-away orders;
Award temporary custody to the mother;
Set supervised/limited visitation (if any);
Order monthly child support of ₱____ with payroll deduction/bank remittance;
Require sharing of educational/medical expenses;
Allow exclusive use of the family home and retrieval of personal effects;
Direct surrender of firearms;
Authorize police/barangay assistance in implementation.

Part XIV — Closing Notes

You may proceed with or without a private lawyer. Assistance is available from the Public Attorney’s Office (PAO), PNP WCPD, and DSWD social workers.
Act early. Support typically accrues from demand, not before.
Keep a paper trail: every expense, every incident, every attempt to communicate.
Protection Orders are powerful—use them to secure safety, custody, and support swiftly while criminal and civil cases run their course.

This guide summarizes established legal procedures and principles in the Philippine context. For personalized advice and drafting, consult counsel or seek help from PAO/DSWD in your locality.