Here’s a comprehensive, practice-oriented explainer on the VAWC Complaint Procedure After Spousal Infidelity (Philippine context)—what qualifies as VAWC (violence against women and their children) when infidelity is involved, how to document it, the step-by-step complaint paths (barangay, police, prosecutor, and courts), what protection and money reliefs you can actually get fast, and how this interacts with adultery/concubinage, legal separation, and support.

Short take: Infidelity by itself is not automatically a crime under R.A. 9262. It becomes VAWC when the conduct (e.g., keeping a mistress/paramour, public flaunting, abandonment, intimidation, economic deprivation) causes “mental or emotional anguish, public ridicule or humiliation,” or constitutes economic/psychological abuse against a woman (wife, former wife, or woman with whom the offender has or had a sexual or dating relationship) or her child. Philippine jurisprudence recognizes marital infidelity as psychological violence when its effects on the victim are proven.

1) The legal frame you’ll work within

R.A. 9262 (Anti-VAWC Act). Protects women and their children against physical, sexual, psychological, and economic abuse by a spouse/partner (current, former, or dating/cohabiting), or the father of the child.
Key hook here: Psychological violence includes acts that cause mental or emotional anguish, public ridicule or humiliation, and repeated verbal/emotional abuse—including conduct bound up with marital infidelity (e.g., openly cohabiting with the paramour, flaunting the affair, taunting or threatening the wife/children, abandoning the family, shutting off access to conjugal resources).
Covered relationships: wife (or former), a woman with whom the offender has/had a sexual or dating relationship, or the mother of his child. “Children” include those under 18 and those over 18 but incapable of self-care.
Parallel laws that may also be relevant: RPC adultery/concubinage, legal separation (Family Code), support and custody rules, and civil damages under the Civil Code.

2) Elements to prove in a VAWC case premised on infidelity

For psychological violence (commonly charged in infidelity scenarios), prosecution typically establishes:

The parties have a covered relationship (e.g., spouses).
The accused committed acts constituting psychological or economic abuse (e.g., sustained affair/cohabitation, humiliating messages, public ridicule, threats, abandonment, deprivation of support).
The acts caused the victim mental or emotional anguish, public ridicule or humiliation, insomnia, anxiety, depression, or similar psychological harm (proved by testimony; medical/psychological reports are powerful but not always indispensable).
The acts were done willfully (intent may be inferred from conduct).

Economic abuse often travels with infidelity: cutting off allowances, refusing to support the wife/children while funding the affair, disposing of conjugal property, or blocking access to funds.

3) Immediate safety & documentation plan (Day 0–7)

A. Safety & protection

Go to the Barangay (or the nearest) and request a Barangay Protection Order (BPO). This can be issued ex parte by the Punong Barangay within 24 hours and commonly lasts 15 days.
If danger is acute, go to an RTC/Family Court (or MeTC/MTC where allowed) for an ex parte Temporary Protection Order (TPO)—typically effective 30 days—then set for hearing on a Permanent Protection Order (PPO).

B. Evidence you should gather now

Narrative timeline (dates of discoveries, confrontations, threats, abandonment).
Screenshots/printouts: messages, social posts, emails, threats, admissions, photos of the pair, receipts (hotel, transfers), proof of public humiliation.
Financial proof: bank statements, payroll, remittance slips showing withdrawals/deprivations; school/medical bills unpaid; notices of disconnection/eviction.
Third-party corroboration: affidavits from neighbors, relatives, co-workers; barangay blotter entries; HR memos if incidents spilled into work.
Medical/psychological notes: ER records (if any), psychological assessment (e.g., anxiety, depression), prescriptions, therapy logs.
Children’s effects: school records indicating behavioral change, guidance counselor notes (observe child-witness rules later).
Conjugal asset moves: titles, deeds, vehicle papers, sudden transfers/loans you didn’t consent to.

Keep originals safe; make certified copies. Do not illegally record voice calls (the Anti-Wiretapping Act generally bars secret audio recording). Texts, chats, emails, and photos you legally possess are typically admissible if properly authenticated.

4) Protection Orders—what you can ask for, right away

Reliefs commonly granted in BPO/TPO/PPO petitions (tailor to your facts):

Stay-away/no-contact orders (home, work, school, 100–1000 meters; no calls/texts).
Exclusion from residence (even if titled to the offender), with police assistance to implement.
Temporary custody of the children; supervised visitation or no visitation where warranted.
Child and spousal support (provisional amounts); continuation of utilities, mortgage/rent, tuition.
Use/possession of a vehicle or personal effects; possession of pets.
Surrender of firearms; disqualification from possessing firearms.
Mandatory psychological counseling for the offender; batterer intervention.
Protection of employment (no contact at workplace).
No disposal/encumbrance of conjugal or community property without court leave.

Who may file: the woman herself; for minors/children, parents/guardians, ascendants, collateral relatives, social workers, police, barangay officials, or any interested party as the rules allow.

5) Filing the criminal case (VAWC) alongside/after a Protection Order

Where to start:

Police WCPD (Women and Children Protection Desk) or NBI to make a criminal complaint and execute a Sworn Statement/Affidavit-Complaint.
The complaint goes to the City/Provincial Prosecutor for inquest (if the suspect is arrested) or regular preliminary investigation (if not).
Upon finding probable cause, the prosecutor files an Information in the Regional Trial Court (often a designated Family Court).

Venue: commonly where the offense occurred or where the victim resides.

What to attach to your affidavit:

Key screenshots/printouts (with brief context and who captured them),
Medical/psychological reports,
Financial records proving economic abuse,
Witness affidavits,
Copies of any BPO/TPO already issued.

Arrest & bail: VAWC offenses are generally bailable; bail amount depends on the charge and circumstances.

Penalties if convicted: Imprisonment and fines calibrated to the kind of abuse (psychological/economic/physical), plus mandatory psychological counseling and civil liability (damages). Courts frequently issue or maintain PPOs through and after criminal proceedings.

6) Evidence law pointers that matter in infidelity-based VAWC

Victim’s testimony can be enough if credible and specific. Courts commonly require proof that the acts (e.g., conspicuous affair/cohabitation, threats, taunts, abandonment, deprivation) caused psychological harm.
Psych evaluation strengthens the case (diagnosis of anxiety, depression, PTSD; causation narrative).
Public humiliation angle: posts tagging/insulting the wife, photos with the paramour, workplace confrontations.
Economic abuse is proved by withholding or diversion of funds needed for basic family subsistence or school/medical needs, or by blocking access to conjugal property.
Children as secondary victims: their psychological harm due to the father’s conduct is independently actionable under VAWC.

7) Strategic choices: VAWC vs. adultery/concubinage, and civil family cases

VAWC is usually the lead remedy for safety and swift relief (stay-away, custody, support). You may, in parallel:

File adultery/concubinage (RPC) if elements are present (adultery—wife + paramour; concubinage—husband + concubine under specific circumstances). These are separate crimes; they can be pursued alongside VAWC. Note adultery requires including the named paramour; concubinage targets the husband and the concubine under defined acts (cohabitation, scandalous circumstances, etc.).
Seek Legal Separation on the ground of sexual infidelity; pursue support, custody, exclusive use of the family home, and injunction versus property disposal.
File a civil action for damages (moral/exemplary/temperate) against the spouse (and in limited cases, against the paramour) for acts violating Articles 19/20/21 of the Civil Code, depending on facts.

Which first? If safety/support is urgent, Protection Orders + VAWC first. Adultery/concubinage has narrower elements and no protection-order regime; legal separation is slower but addresses marital status and property relations.

8) How the process typically unfolds (practical timeline)

Week 1: BPO (and/or ex parte TPO); police blotter; WCPD affidavit; gather evidence; initial counseling.
Weeks 2–6: Prosecutor’s prelim investigation; parallel PPO hearing; interim support and custody via TPO/PPO.
After filing of Information: Arraignment; pre-trial (protective orders re: child witnesses, confidentiality); trial on the merits.
During trial: PPO remains; court may modify support/custody as needed; psych counseling orders for accused may issue.
Judgment: penalties and civil damages; PPO can be made to last permanently or for a fixed term.

(Exact timing varies by court load and whether the accused is under arrest.)

9) Common defenses—and how complainants can prepare

Defense themes you may face:

“No VAWC relationship” (e.g., claiming mere acquaintance).
“No psychological harm” (absence of psych report; “mere affair”).
“No causal link” (the anguish supposedly came from other causes).
“No economic abuse” (support allegedly sufficient).
Attacks on authenticity of screenshots/evidence or privacy objections.

Complainant counter-moves:

Establish relationship with IDs, marriage cert, children’s birth certs.
Lay causation: specific incidents → emotional breakdowns, work absences, therapy, meds.
Keep support ledger (what was actually given vs. needs).
Preserve forensic integrity (full-page captures with dates/URLs; device custody; no tampering).
Use third-party witnesses (neighbors, teachers, HR, relatives) to corroborate acts and effects.

10) Children’s interests and testimony

Children are independent victims under R.A. 9262 if they suffer psychological harm or are exposed to the abusive environment.
Courts employ child-sensitive procedures (support person, live-link TV, in-camera).
For very young children, consider child-hearsay routes with appropriate reliability findings (handled through counsel).

11) What not to do (risk flags)

Don’t secretly record phone calls (possible R.A. 4200 violation).
Don’t confront the paramour in ways that risk counter-charges (grave threats, physical injuries, unjust vexation).
Don’t self-help transfer or sell conjugal assets; ask the court for injunctive relief instead.
Don’t post minors’ faces or confidential case details online (expect gag/confidentiality orders).

12) Quick templates (to speed you up)

A. Barangay letter (BPO request)

“I respectfully request an ex parte Barangay Protection Order against my husband [Name], who has been openly cohabiting with [Paramour] and has subjected me to repeated humiliation and threats, and has cut off my and my children’s support since [date]. I request no-contact and stay-away orders and police assistance to implement.”

B. Core paragraphs for an Affidavit-Complaint (VAWC)

Relationship: “I am the lawful wife of [Name]; we married on [date]. We have [#] minor child/ren.”
Acts: “Since [date], he has publicly flaunted his affair with [Paramour], posted photos, and sent me messages saying [quotes]. He left the family home on [date] and ceased giving support.”
Effects: “I suffered anxiety and insomnia; I consulted [doctor/counselor] on [dates]; attached are prescriptions/assessment.”
Economic abuse: “He withdrew ₱[amount] from our joint account and gave no allowance since [date]; utilities were disconnected on [date].”
Prayer: filing for criminal VAWC, issuance of warrants/subpoenas, and maintaining/expanding the TPO/PPO reliefs.

13) Remedies matrix (what to file, when)

Goal	Fastest tool	Longer-term track
Immediate safety, no contact	BPO/TPO	PPO (after hearing)
Enforce support, custody	TPO/PPO with support orders	Separate petition for support/custody; legal separation
Criminal accountability for abuse	VAWC complaint → prosecutor → RTC	–
Punish the affair per se	–	Adultery/concubinage (RPC)
Freeze property shenanigans	TPO/PPO: no-disposal clause	Injunction in Family Court / legal separation
Damages for humiliation	VAWC civil liability	Independent civil action (Arts. 19/20/21 CC)

14) Bottom line

Spousal infidelity crosses into VAWC when it produces psychological or economic abuse—not when kept abstract. Tie your proof to specific acts and specific harms.
Use Protection Orders to secure safety, support, custody, and property freezes immediately.
Build a clean, corroborated record (digital + medical/psych + financial + witness).
Run VAWC in front for safety and accountability; consider adultery/concubinage and legal separation as parallel tracks to address status and property.
Stay within the rules (no illegal recordings; protect minors’ privacy), and expect courts to impose counseling and no-contact regimes alongside criminal penalties.

This is general information for the Philippine setting and not legal advice. If you’re in immediate danger, go to the nearest barangay/police station or call local emergency services; then coordinate with counsel to sequence protection orders, criminal filings, and family-law actions in your jurisdiction.