Who Can File a VAWC Case in the Philippines

A practitioner’s guide to standing, venues, and procedures under the Anti-Violence Against Women and Their Children (RA 9262)

Quick primer: What VAWC covers

The Anti-Violence Against Women and Their Children Act of 2004 (RA 9262) protects women and their children (legitimate, illegitimate, adopted; under 18, or 18+ but incapable of self-care due to a disability). It penalizes physical, sexual, psychological, and economic abuse committed by any person who has or had with the woman:

a marital or former marital relationship,
a dating relationship,
cohabitation (past or present), or
a common child.

“Dating relationship” means a continuing romantic involvement; casual acquaintance or a one-off interaction is not enough.

Two tracks you can file: criminal case vs. protection order

RA 9262 remedies come in parallel tracks. You can pursue either, or both, at the same time.

Criminal case — seeks conviction and penalties for acts of VAWC.
Protection order (PO) — a fast, civil-type remedy to stop abuse and impose safeguards (stay-away orders, custody/support, firearm surrender, residence exclusion, etc.).
- Barangay Protection Order (BPO) – issued by the Punong Barangay (or any Kagawad if the Punong Barangay is unavailable), good for 15 days.
- Temporary Protection Order (TPO) – issued by the court ex parte, generally good for 30 days.
- Permanent Protection Order (PPO) – issued after hearing; remains in force until lifted or modified.

Who may file a criminal VAWC case

Public offense rule. VAWC is a public crime, so initiation isn’t limited to the victim.

The offended woman (survivor) may file.
A child-victim may file through: (a) parent, (b) guardian, (c) grandparent/ascendant, (d) descendant, or (e) a relative within the 4th civil degree (by blood or affinity).
Any person with personal knowledge may execute a complaint-affidavit and bring the matter to law enforcement or the prosecutor for preliminary investigation.
DSWD or LGU social workers, barangay officials, and police officers routinely assist in preparing and filing complaints.

Where to start:

If there’s a warrantless arrest (e.g., the act is caught or immediately after), the case may proceed by inquest before the prosecutor.
Otherwise, file a complaint-affidavit with the Office of the City/Provincial Prosecutor where the offense occurred or where the victim resides. The prosecutor may file an Information in the proper court if probable cause exists.

Who may apply for a Protection Order (BPO/TPO/PPO)

The law deliberately widens standing for POs so that help is available even when the survivor cannot apply herself. Any one of the following may file:

The offended woman.
The child-victim (personally if capable; otherwise through a representative below).
Parent or guardian of the woman or child.
Ascendants (e.g., grandparents) or descendants (e.g., adult children).
Relatives by blood or affinity within the 4th civil degree (siblings, aunts/uncles, nieces/nephews, first cousins, in-laws such as parents-in-law or children-in-law).
DSWD officer or social worker; social worker of the LGU.
Barangay official (Punong Barangay or any Barangay Kagawad).
Police officer.
Lawyer or counsel on behalf of the victim.
At least two (2) responsible citizens of the city/municipality with personal knowledge of the abuse.

Good to know: The applicant does not need a notarized SPA from the victim to file a PO, provided they fall within the list above and can attest to the facts. Courts and barangays accept verified petitions/affidavits with personal knowledge.

Venues and where to file

BPO: At the barangay where the victim resides or where the abuse occurred. Issued the same day when possible.
TPO/PPO: In the Family Court/RTC (or MTC where allowed) where the petitioner resides, where the respondent resides, or where the abuse occurred. Courts allow after-hours filing through duty judges for urgent cases.

What reliefs can be granted in a Protection Order

Courts and barangays may tailor reliefs to the situation, commonly including:

Stay-away / no-contact directives; exclusion of the respondent from the domicile or within a radius of schools/workplaces.
Exclusive use of the residence by the victim and children; lawful removal of personal effects.
Temporary custody of children; supervised visitation terms.
Support (financial, medical, educational) on an interim basis.
Surrender of firearms, cancellation of gun licenses/permits; seizure of other deadly weapons.
Law enforcement assistance in service/implementation.
Confidentiality and privacy safeguards (e.g., sealed addresses, closed-door hearings).

Violating a PO is itself a separate crime and a ground for warrantless arrest if done in the presence of officers or otherwise under applicable rules.

Evidence and documentation (practical checklist)

While the threshold for a TPO/BPO is protective (credible narration often suffices), it helps to assemble:

Detailed affidavit (chronology, specific acts, dates, locations).
Photos, messages, call logs, emails, social media captures (screenshots with timestamps/URLs).
Medical records/medico-legal reports for physical/sexual abuse.
Police blotter or barangay incident log.
School or work incident notes, if threats/harassment occurred there.
Financial records to show economic abuse (withholding support, sabotage of employment, unauthorized disposal of conjugal/communal property).

Courts may issue TPOs ex parte based on the petition and affidavits; fuller proof is presented for the PPO. For criminal cases, the standard at filing is probable cause; at trial it is proof beyond reasonable doubt.

Special notes on children

A minor child can be a direct victim or an indirect victim (exposed to abuse against the mother, threatened, or used as leverage).
Custody and visitation orders in POs prioritize the child’s best interests; supervised visitation is common where there are safety risks.
Schools and child protection committees should be notified of POs affecting pick-up or contact arrangements.

Coordination with other laws and remedies

Anti-Trafficking, Child Abuse, Safe Spaces (RA 11313), Data Privacy, Cybercrime, and Revised Penal Code offenses may co-exist with VAWC; prosecutors may file multiple charges where facts overlap.
Family Code proceedings (annulment, legal separation, support, custody, property disputes) can run in parallel; a PO can supply interim reliefs while these cases are pending.
No mediation on the violence itself: barangay conciliation/mediation is not required and is inappropriate for VAWC; go straight to protective/criminal remedies.

Costs, confidentiality, and safety

No filing fees for POs (including service of process). Indigents also typically obtain fee waivers for necessary certifications.
Courts and barangays must protect the confidentiality of addresses, school/work locations, and identities of child-victims; closed-door hearings are standard for sensitive testimony.
Survivors may request address shielding, phone confidentiality, and non-disclosure orders in the PO.

Step-by-step: choosing the right path

If there’s immediate danger:

Go to the barangay for a BPO (same-day issuance).
Ask the barangay/police to accompany you to retrieve belongings and to serve the BPO.
File in court for a TPO (can be ex parte), then push for a PPO.

If seeking prosecution:

Prepare a complaint-affidavit with annexes.
File with the City/Provincial Prosecutor (or undergo inquest if there was an arrest).
Once an Information is filed, attend arraignment and trial; the PO can continue to protect you during the criminal case.

FAQs

Q: Can a friend or neighbor file for a PO if the victim is scared or unavailable? A: Yes, if two responsible citizens with personal knowledge apply together; or a barangay/police officer, DSWD/LGU social worker, or a lawyer may file.

Q: Can a man file as a VAWC victim? A: RA 9262’s protected persons are women and their children. Male victims of domestic abuse may seek protection under other laws (e.g., Revised Penal Code offenses, Safe Spaces Act for certain conduct, civil protection under the Rules of Court), but VAWC as such is woman/child-specific.

Q: Does the victim have to appear in person for a BPO/TPO? A: Not necessarily. Representatives listed above can apply. For court POs, appearance may later be required, but urgent TPOs can be granted ex parte.

Q: Can a PO include support and custody orders even if a family case is pending? A: Yes. Interim support and custody are standard PO reliefs and can co-exist with Family Code cases.

Practical tips for applicants and helpers

Document early and continuously. Save messages in original format; export chats; keep backups.
Be specific in affidavits: who, what, when, where, how; quote exact words for threats; identify witnesses and devices/accounts used.
Safety plan. Change passwords, enable 2FA, consider separate devices/accounts, alert school and HR, and coordinate with the barangay/police on safe service.
Use the network. DSWD, LGU social welfare, barangay VAW Desk, women’s NGOs, and public attorneys can assist with drafting, filing, and appearances.

Bottom line

Criminal VAWC cases may be initiated by the victim or any person with personal knowledge, with prosecutors leading the charge.
Protection orders may be filed by a broad circle: the woman or child, their close relatives, DSWD/LGU social workers, barangay/police officials, lawyers, or two responsible citizens with personal knowledge—at the barangay or in court, depending on the remedy sought.
Filing a PO and a criminal case together is often the most protective course—immediate safety now, accountability later.

This article is for general information and does not create a lawyer–client relationship. For case-specific advice, consult counsel or seek help from DSWD/LGU social workers, the barangay VAW Desk, or the Public Attorney’s Office.