(Anti-Violence Against Women and Their Children Act – RA 9262; Philippine legal context)

1) What counts as “VAWC” and why fees matter

A VAWC case arises from acts of physical, sexual, psychological, or economic abuse committed against a woman by a current or former intimate partner (husband, ex-husband, boyfriend, ex-boyfriend, live-in partner, or someone with whom she has a child), and also covers violence against the woman’s child under the law’s scope.

VAWC is designed to provide fast protection and accessible remedies. One practical barrier victims face is cost—so RA 9262 and court practice strongly favor fee-free or fee-minimized filing, especially for protection orders and criminal complaints.

2) The most important rule: Protection orders are intended to be free to file

A central feature of RA 9262 is the Protection Order system, meant to give immediate safety and financial relief (e.g., no-contact, removal of the abuser from the home, temporary custody, support, stay-away orders).

Types of protection orders

Barangay Protection Order (BPO)
- Issued by the Punong Barangay (or authorized officials).
Temporary Protection Order (TPO)
- Issued by the court on an urgent basis.
Permanent Protection Order (PPO)
- Issued by the court after notice/hearing.

Filing fees for protection orders (general rule)

No docket/filing fee is supposed to block the filing of a protection order application.
The policy is that access to protective relief should not depend on the victim’s ability to pay.

Practical note: Some court processes in the Philippines normally involve “legal fees” or “sheriff’s expenses” for service. In VAWC protection-order practice, courts are expected to implement the law’s protective intent; and when costs arise, victims commonly rely on fee exemptions/indigency status so that service and processes proceed without becoming a barrier.

3) Criminal VAWC complaints: typically no “filing fee” to start the case

A. Filing at the police (PNP WCPD) or NBI

Reporting to the Women and Children Protection Desk (WCPD) or NBI and giving a statement is not subject to a filing fee.
Police blotter entries and initial investigative steps are generally free, though getting certified copies may sometimes involve minimal administrative fees depending on local practice.

B. Filing with the prosecutor (Office of the City/Provincial Prosecutor)

A criminal VAWC complaint is initiated through a complaint-affidavit and supporting evidence.
As a rule, the State prosecutes criminal cases; there is no docket fee like in ordinary civil cases just to have the prosecutor evaluate probable cause.

C. Once in court

When a prosecutor files an Information in court (meaning probable cause is found), the criminal case proceeds as a public action.
The victim ordinarily does not pay a docket fee to “open” the criminal case.

4) “So why do people still spend money?” Common VAWC-related costs that are not technically “filing fees”

Even when the law intends filing to be accessible, victims may still encounter real expenses. These often include:

A. Notarization and affidavits

Some victims pay for notarization of affidavits, but in many situations affidavits can be subscribed/sworn before the prosecutor or authorized administering officer during filing processes, reducing or eliminating notarial expense.
If a private notary is used, cost depends on local rates.

B. Medical records and medico-legal documentation

Medical certificates, hospital records, and medico-legal examinations may involve fees—especially in private hospitals/clinics.
Public hospital services may reduce cost, but timelines and availability vary.

C. Psychological assessment / counseling documents

Psychological evaluation and therapy records can be expensive, but they are not always required to file. They become important evidence in many psychological violence cases.

D. Photocopying, printing, transport

Reproducing evidence, printing screenshots, travel to hearings, and communication expenses are common practical burdens.

E. Service and enforcement logistics

In ordinary civil procedure, service of summons and enforcement can involve sheriff’s expenses. In VAWC protection-order settings, courts are expected to ensure protective relief is not defeated by inability to pay, but in practice victims may still be asked for logistical allowances unless exemption/indigency processes are used.

5) Fee exemptions and “indigent litigant” status: the safety net when money is tight

Even outside RA 9262, Philippine procedure recognizes that courts must remain accessible through pauper/indigent litigant mechanisms:

When a party qualifies as indigent, legal fees may be waived, and necessary processes can still move forward.
This is particularly relevant if a victim must file related actions (custody, support, damages) or if the court’s administrative processes would otherwise require payment.

Practical reality: Many VAWC complainants also qualify for free legal assistance through:

PAO (Public Attorney’s Office), when eligibility requirements are met,
IBP legal aid or NGO services,
LGU/DSWD support programs in some areas.

Free counsel reduces or eliminates professional fees, though it does not automatically erase all incidental costs.

6) The “civil aspect” of a VAWC case and how it affects fees

A. Civil liability inside a criminal case (typical setup)

In Philippine criminal cases, the civil action for damages and restitution is commonly deemed included with the criminal action unless reserved or waived under applicable rules. In many situations, this means the victim can pursue civil liability without filing a separate civil case—and without paying separate civil-case docket fees.

B. Separate civil actions (where docket fees can appear)

If a victim files a separate civil case (for example, purely for damages or for certain family-law relief not pursued via protection orders), ordinary civil rules on docket fees can apply—subject to indigency waivers and any specific exemptions available in the circumstances.

Key point: Many remedies victims need urgently (no-contact orders, removal from home, temporary custody, support) can be requested directly through protection orders, which are structured to be accessible and fast.

7) Protection orders can include financial relief—without needing a separate support case

A major cost-saving feature is that protection orders can cover issues that otherwise require separate litigation, such as:

Temporary custody
Support (financial support for children; sometimes even support-related relief for the victim depending on circumstances)
Exclusion of the abuser from the residence
Prohibition on disposing of assets
No-contact / stay-away directives

This reduces the need to file multiple fee-bearing actions just to stabilize safety and finances.

8) “Are we required to go through barangay conciliation?” No—VAWC is not a mediation case

VAWC cases are not meant for barangay mediation/compromise processes that pressure victims into unsafe “settlements.” Protection orders and criminal complaints are designed to proceed under protective rules. The barangay’s role in RA 9262 is mainly through the BPO mechanism, not through conciliation.

9) What to do if an office asks for payment that feels like a barrier

In practice, victims sometimes encounter confusion at the frontline level (clerks, staff, even barangay personnel) about what fees apply. A legally grounded approach is:

Clarify the type of filing: BPO, TPO/PPO application, or criminal complaint.
Ask specifically whether the amount is a docket/filing fee or merely a request for photocopying/certification.
If any fee is required for a court filing, request assessment of fee exemption/indigency so the application can be accepted and acted upon immediately, consistent with the protective purpose of RA 9262.
Request a written assessment and official receipt for any payment demanded. Informal “collection” without receipts should be treated with caution.

10) Common “fee questions” in VAWC matters

Q1: “How much does it cost to file a VAWC case?”

A criminal VAWC complaint generally does not require a filing fee to initiate.
A protection order application is intended to be filed without financial barriers; it should not be rejected for nonpayment of docket fees.

Q2: “Do I need a lawyer, and do I have to pay one?”

A lawyer is not strictly required to initiate a complaint or seek protection orders, though representation helps.
Many victims qualify for free legal aid (PAO/IBP/NGOs), reducing or eliminating attorney’s fees.

Q3: “What costs should I realistically prepare for?”

Most common: photocopying/printing, transportation, medical documentation, occasional certification fees, and (if not otherwise arranged) psychological evaluation costs.

Q4: “If the abuser is convicted or ordered to pay, can costs shift to him?”

Courts can impose civil liability (including damages) and, in proper cases, attorney’s fees and other monetary awards as allowed by law and evidence. These are case-specific.

11) Bottom line

Criminal VAWC complaints are generally not pay-to-file cases; they are prosecuted in the name of the State.
Protection orders (BPO/TPO/PPO) are structured so that victims can seek immediate relief without being blocked by docket/filing fees.
The expenses victims often encounter are usually incidental evidence and process costs, not true “case filing fees,” and where such costs would block access, fee-exemption and indigency mechanisms are the legal safeguard.