VAWC Psychological Abuse: Legal Remedies for Verbal and Emotional Abuse by a Former Partner (Philippines)

Updated for the Philippine legal framework as of 2024. This guide focuses on remedies when the abuser is a former husband/partner/boyfriend or anyone with whom the woman had a sexual or dating relationship.

1) The Law at a Glance

Republic Act No. 9262 — the Anti-Violence Against Women and Their Children Act of 2004 (VAWC) — criminalizes violence by a spouse, former spouse, or a person with whom a woman has or had a sexual or dating relationship, or with whom she has a common child. It covers women and their children (legitimate or illegitimate).

What is “psychological violence”?

Acts or omissions causing (or likely to cause) mental or emotional suffering, including:

Intimidation, threats, coercion, harassment
Repeated verbal and emotional abuse (insults, shaming, gaslighting, degradation)
Stalking, surveillance, monitoring, doxxing
Damage to property, public ridicule or humiliation (including online)
Marital infidelity or dating-partner infidelity that causes mental/emotional anguish
Causing a child to witness or suffer these acts

Former partners are expressly covered. “Dating relationship” means a romantic involvement over time and on a continuing basis; casual acquaintance is not enough.

2) Criminal Liability for Psychological Abuse

Offense

Under VAWC, causing mental or emotional anguish, public ridicule or humiliation through repeated verbal and emotional abuse (including infidelity causing anguish) is a criminal offense.

Elements (simplified)

Relationship: Offender is a spouse, former spouse, or a person with whom the woman had a sexual or dating relationship, or a person with whom she has a common child.
Victim: A woman or her child.
Acts: Psychological/ emotional abuse (e.g., repeated verbal abuse, stalking, humiliating posts).
Harm: Mental or emotional anguish (often shown through testimony, behavior changes, medical/psychological reports, etc.).

Penalties & Consequences

Imprisonment (length varies depending on the act and harm proven).
Fines (statutory range).
Mandatory psychological counseling or treatment for the offender.
Civil damages (moral, exemplary, actual) may be awarded in the criminal case.

Notes on prescription: Offenses generally follow Revised Penal Code prescriptive rules. Psychological abuse can be a continuing offense; the clock often runs from the last abusive act. Filing early is strategic.

3) Protection Orders (POs): Fast, Practical Relief

Protection Orders are civil remedies designed to quickly stop abuse and prevent further harm. They can be sought even without a pending criminal case.

Types of Protection Orders

Barangay Protection Order (BPO)
- Issued by the Punong Barangay (or Kagawad when the Punong Barangay is unavailable).
- Covers threats or acts that constitute VAWC, including psychological violence (e.g., harassment, stalking, repeated verbal abuse).
- Ex parte issuance allowed; typically effective for 15 days.
- Free of charge. Violation is a criminal offense and may justify warrantless arrest if in flagrante.
Temporary Protection Order (TPO)
- Issued ex parte by Family Courts/RTC (or MTC in areas without an RTC/Family Court) upon filing a verified petition.
- Designed for urgent protection; effective up to 30 days unless extended, and set for hearing for a PPO.
- No docket fees for the PO petition; simplified, summary proceedings.
Permanent Protection Order (PPO)
- Issued after hearing; remains in force until revoked by the court.

Typical Reliefs in a PO (customized to the case)

Stay-away orders: No contact by any means; exclusion from the residence or workplace/school; defined buffer distances.
No-harassment terms: Prohibitions on calls, texts, emails, social media contact, tagging, or indirect contact through others.
Anti-stalking measures: No surveillance; surrender of keys/access cards.
Firearms control: Surrender of firearms and licenses; gun ownership suspension.
Child-related relief: Temporary custody/visitation rules; supervised exchanges; support orders.
Financial measures: Temporary support; payment for treatment or counseling; return of property or documents.
Other tailored conditions to ensure safety and mental well-being.

Venue: File where the petitioner resides or where the abuse occurred. Confidentiality: Proceedings may be held in chambers; identities and records are protected.

4) Civil Remedies (Beyond POs)

Even without (or in addition to) a criminal case, a survivor may seek damages under the Civil Code:

Article 19/20/21 (abuse of rights/acts contrary to morals, good customs, or public policy).
Article 26 (protection of privacy, dignity; e.g., public humiliation).
Damages: Moral (for mental anguish), exemplary (to deter), actual (therapy bills, lost wages), and attorney’s fees when warranted.

Related torts and statutes may apply depending on facts:

Defamation (libel/slander) for public false statements or humiliating imputations.
Unjust vexation, grave threats/coercion (Revised Penal Code), where elements fit.
Anti-Photo and Video Voyeurism Act (RA 9995) for nonconsensual sharing/recording of intimate images.
Cybercrime Prevention Act (RA 10175) to elevate/penalize online versions of qualifying crimes (e.g., VAWC committed through electronic means).
Safe Spaces Act (RA 11313) for gender-based sexual harassment, including online harassment, misogynistic slurs, and non-consensual sharing of content.
Data Privacy Act (RA 10173) for unauthorized disclosure/misuse of personal data.

5) Special Labor & Social Benefits

10-day paid VAWC leave: Victims of VAWC are entitled to up to 10 days of paid leave, extendible when the need to attend to medical/legal concerns persists (coordinate with employer HR and submit reasonable proof such as a PO, medical/psychological certificate, or police report).
Workplace accommodations: Flexible schedules, safety planning, and non-discrimination policies may be sought; escalating harassment at work can also trigger Safe Spaces Act and RA 7877 (Anti-Sexual Harassment) remedies.

6) Filing Roadmap (Criminal and/or Civil) — Step by Step

A) Immediate Safety & Documentation

Secure evidence: Save chats, emails, call logs, voicemails, social media posts/tags, photos of damaged property, and any witnesses’ statements.
Keep a contemporaneous log: Dates, times, specific words/actions, effects on you/your child (sleep, appetite, panic attacks, missed work).
Medical & psychological support: Obtain a psychological/psychiatric evaluation if possible (diagnoses like anxiety, depression, PTSD and notes on causation are powerful evidence).
Go to the Barangay VAW Desk or PNP Women & Children Protection Desk for assistance and documentation.

B) Get a Protection Order

BPO: Apply at the barangay where you or the respondent resides, or where abuse occurred. Bring IDs and any proof.
TPO/PPO: File a verified petition in the Family Court/RTC. Standard forms are available; no filing fees for POs. You may file with or without a lawyer (though counsel is advisable).

C) Start the Criminal Case

File a criminal complaint for VAWC (psychological violence) at the City/Provincial Prosecutor or police. Attach evidence and affidavits.
Preliminary investigation follows; if probable cause is found, an Information is filed in court.
You may pursue civil damages within the criminal case, or file a separate civil action.

D) If the Abuse is Online

Preserve original URLs, timestamps, and screenshots; avoid altering metadata.
Consider NBI Cybercrime Division or PNP Anti-Cybercrime Group coordination for forensics.
For platforms, use reporting tools; a court PO can order take-downs/no-contact terms.

7) Evidence: What Helps Most in Psychological-Abuse Cases

Your testimony: Clear, chronological narration of the relationship, pattern of abuse, and its psychological effects.
Corroboration: Witnesses (friends, relatives, coworkers), neighbors, school officials (re children), barangay or police officers.
Professional assessments: Psychological/psychiatric evaluations and medical certificates linking symptoms to abuse.
Digital trail: Texts, DMs, emails, call logs, social media posts, voicemails. Export or print with visible timestamps and identifiers.
Work/school records: Absences, performance drops, counseling notes.
Child impact: School counselors’ notes, pediatric/psych assessments, behavior changes.

Tip: Organize evidence by theme (threats, humiliation, stalking) and date. Label files clearly. Courts appreciate well-indexed submissions.

8) Who Can File, and For Whom

The woman victim (even if relationship already ended).
Her parent/guardian/ascendant, officer/social worker of DSWD/accredited NGO, police officer, Punong Barangay, or at least two responsible citizens with personal knowledge (especially when the victim is unable or unwilling).
For children: Parents/guardians/authorized representatives may file on the child’s behalf.

Exempt from Barangay conciliation: VAWC cases are not subject to Katarungang Pambarangay conciliation.

9) Frequently Asked Questions

Q1: We already broke up years ago. Can I still file? Yes. Former partners are covered. For criminal cases, consider the prescriptive period and whether the abuse is continuing. POs can still be issued if there is a present threat or pattern.

Q2: Do I need a lawyer to get a PO? Not strictly, but it helps. Courts use simplified forms, and Public Attorney’s Office (PAO) or accredited NGOs can assist.

Q3: He’s in another city (or contacting me only online). Can I file where I live? Yes. Venue for POs includes your residence. Online abuse is actionable when it causes psychological harm here.

Q4: He keeps making “jokes.” Is that enough? If the conduct is repeated or severe and causes mental or emotional anguish, it can qualify as psychological violence, especially with corroborating proof.

Q5: Can men use VAWC? VAWC specifically protects women and their children. Male victims have other remedies (e.g., RPC offenses, civil actions, Safe Spaces Act depending on context).

Q6: What happens if he violates the PO? Immediate law-enforcement response; violation is a criminal offense and can lead to arrest and additional charges, apart from contempt of court.

10) Practical Safety Planning

Block and document: Block numbers/accounts, but screenshot first. Use device features to archive messages securely.
Tell your network: Inform trusted people and your workplace or school about stay-away terms.
Secure your digital life: Change passwords, enable 2FA, review privacy settings, consider new email/number if needed.
Home & travel routines: Vary routes/times; consider temporary relocation if risk escalates; keep a “go-bag” with essentials.
For children: Notify school/daycare of custody and pick-up restrictions; provide a copy of the PO.

11) What to Bring When You File

Valid ID(s)
Narrative affidavit (timeline of the relationship and abuse)
Evidence: screenshots/prints with timestamps, call logs, witness affidavits, medical or psychological certificates
For POs involving children: child’s birth certificate, school IDs, relevant records
Any prior police/barangay blotter entries or incident reports

12) Key Institutions & Where to Go

Barangay VAW Desk – BPOs, safety planning, referrals
PNP Women and Children Protection Desk – blotter, evidence advice, enforcement
Family Court / Regional Trial Court – TPO/PPO, related civil relief
City/Provincial Prosecutor – criminal complaints
Public Attorney’s Office (PAO) – legal assistance for qualified clients
DSWD / LGU social welfare office – crisis intervention, shelters, counseling
Hospital/mental health providers – documentation and treatment (Mental Health Act support)

13) Strategy Tips for Former-Partner Psychological Abuse

Lead with a PO to stop contact immediately, then pursue the criminal case if appropriate.
Frame the pattern: Courts look for pattern or severity. Organize evidence to show escalation, repetition, and concrete impact on daily life.
Corroborate harm: Even short psychotherapy notes, ER referrals for panic attacks, or workplace memos on distress can be compelling.
Use tailored PO conditions: For online abuse, seek explicit no-contact/no-tagging/no-reposting clauses and take-down directives.
Mind overlaps: If posts are defamatory, consider libel; if threats are explicit, consider grave threats; if sexualized harassment is public/online, consider Safe Spaces Act add-on liability.
Protect the child’s routine: Ask for supervised visitation and neutral exchange locations if needed.

14) Quick Checklist

Safety first; inform allies; plan for emergencies
Preserve and organize digital evidence (with timestamps)
Seek BPO at the barangay (immediate)
File for TPO/PPO in Family Court/RTC (no fees for POs)
Consider criminal complaint for psychological violence under VAWC
Evaluate civil damages claims and related statutes (libel, voyeurism, cybercrime, Safe Spaces)
Explore 10-day VAWC leave and workplace accommodations
Continue therapy/medical support; update the court with new incidents

Final Thought

Psychological abuse leaves no bruises but it is legally recognized, actionable, and punishable. Former partners cannot hide behind “words only” — the law provides swift protective orders, criminal accountability, and damages to help survivors regain safety, dignity, and peace.