Disclaimer: The following article is for informational purposes only and does not constitute legal advice. If you require assistance with a specific case or concern, please consult a qualified attorney or legal professional in the Philippines.

Filing Verbal Abuse Complaints Under RA 9262 (Anti-Violence Against Women and Their Children Act of 2004)

The Republic Act No. 9262, more commonly referred to as the “Anti-Violence Against Women and Their Children Act of 2004” (VAWC Law), is a Philippine law designed to protect women and their children from various forms of abuse, including physical, sexual, psychological, and economic abuse. Among the acts covered under psychological abuse is verbal abuse.

This article provides an in-depth look at the concept of verbal abuse under RA 9262, legal remedies, steps to file a complaint, and pertinent considerations.

1. Overview of RA 9262

Enacted in 2004, RA 9262 aims to address violence committed “against women and their children” by:

A spouse or former spouse;
A person with whom the victim has or had a sexual or dating relationship;
A person with whom the victim has a common child; or
A person who has or had a relationship with the parent of the child.

It covers abuses that are:

Physical – Bodily harm or threats thereof.
Sexual – Rape, sexual harassment, forcing the wife or child to watch pornography, or forcing them into prostitution, among others.
Psychological – Mental or emotional suffering (this includes threats, intimidation, and verbal abuse).
Economic – Withholding financial support, controlling finances to the detriment of the victim, or preventing the victim from engaging in legitimate work or occupation.

2. Definition of Verbal Abuse Under Psychological Violence

2.1 Psychological Violence

The law categorizes psychological violence as an act or a series of acts that cause mental or emotional suffering to the victim. This includes intimidation, harassment, stalking, damage to property, public ridicule, or any act or omission causing mental or emotional distress.

2.2 Verbal Abuse as Psychological Violence

Verbal abuse usually takes the form of hurtful, belittling, or demeaning language directed at the victim. It can be manifested through:

Insults and name-calling (e.g., using offensive, degrading words).
Continuous belittling remarks that aim to humiliate or undermine the victim’s self-esteem.
Threats of harm to the victim, their children, or loved ones.
Harassment or repeated verbal attacks.

Although not all forms of harsh language automatically rise to the level of criminal liability, consistent or severe verbal maltreatment that causes a victim psychological or emotional suffering can be actionable under RA 9262.

3. Legal Framework and Penalties

Under RA 9262, psychological violence—including verbal abuse—is punishable by law. The penalties vary depending on the severity and impact of the abuse on the victim. Generally, penalties range from imprisonment of six (6) months to twelve (12) years, and/or a fine from Php 100,000 to Php 300,000, subject to the court’s discretion.

Additionally, the court can grant protection orders (Barangay Protection Orders, Temporary Protection Orders, and Permanent Protection Orders) to safeguard the victim from further harm.

4. Where and How to File a Verbal Abuse Complaint

If you believe you are a victim of verbal abuse under RA 9262, here is the general process to seek redress and protection:

4.1 Seek Assistance from the Barangay

Go to the nearest Barangay Hall where the abuse took place or where you reside.
File a complaint stating the details of the verbal abuse.
The Barangay may issue a Barangay Protection Order (BPO) if deemed necessary. A BPO is a temporary remedy that protects the victim from the respondent (the alleged abuser) by prohibiting further acts of violence or threats of violence.

4.2 Police Assistance and Inquest

If immediate danger is present, call the police hotline or go to your nearest police station.
Accomplish a blotter report regarding the incident(s).
The police can assist you in filing an official complaint before the Prosecutor’s Office (in cases where immediate filing of a criminal complaint is warranted).

4.3 Filing a Complaint in Court

Go to the Office of the City or Provincial Prosecutor where the incident occurred or where you reside.
Prepare and submit a complaint-affidavit, detailing all relevant facts and evidence (e.g., witnesses, text messages, phone call logs, audio/video recordings if available).
Once the prosecutor finds probable cause, an Information will be filed in court.
Attend court hearings as required. If the court deems your evidence sufficient, the respondent will be tried for the alleged violation.

5. Evidence Collection and Documentation

5.1 Written Account of the Abuse

Document all instances of verbal abuse in a journal or timeline as soon as possible. Note the date, time, place, and context of each incident.

5.2 Recordings or Messages

If verbal abuse occurs through phone calls or voice messages and you have lawfully recorded them, such recordings may serve as supporting evidence.
Text messages, emails, chats, or social media messages containing threats or harassing language can also be powerful evidence.

5.3 Witness Statements

If there are persons who overheard or witnessed the abuse, ask them to provide sworn affidavits that detail what they saw and heard.

5.4 Psychological or Psychiatric Evaluation

If the verbal abuse caused severe emotional distress, a report from a licensed mental health professional (psychologist or psychiatrist) may help strengthen the complaint by establishing the extent of psychological harm.

6. Protection Orders

RA 9262 provides for protection orders that can be issued by:

Barangay Officials – Barangay Protection Order (BPO)
- Effective for 15 days.
- Bars the respondent from committing any act of violence.
Courts – Temporary Protection Order (TPO) and Permanent Protection Order (PPO)
- TPO is effective for 30 days, unless extended by the court.
- PPO is issued after notice and hearing and is of indefinite duration, unless lifted by the court.

Protection orders typically prohibit the alleged abuser from contacting or communicating with the victim, and may include provisions for temporary custody of children, financial support, and exclusive right to the residence, depending on the situation.

7. Possible Outcomes of a Verbal Abuse Complaint

Prosecution of the Offender: If the court finds the abuser guilty, a prison term (length varies depending on the severity of the offense) and a fine may be imposed.
Issuance of Protection Orders: The victim may be granted a BPO, TPO, or PPO to prevent further abuse.
Possible Civil Claims: The victim may file a separate civil action for damages resulting from the abuse, including moral and exemplary damages.
Rehabilitation Programs: In some cases, the court may order the convicted abuser to undergo counseling or psychiatric treatment.

8. Tips for Victims of Verbal Abuse

Keep a detailed record of every incident.
Preserve all evidence of abuse (messages, photos, recordings).
Report the abuse promptly to local authorities, barangay officials, or the police.
Seek professional counseling or therapy to help cope with emotional or psychological trauma.
Engage a lawyer or seek legal aid services for guidance on how to effectively pursue the complaint.

9. Importance of Legal Assistance

While it is possible to initiate the complaint process by yourself, it is highly recommended to consult an attorney experienced in family law or women’s rights. An attorney can:

Help prepare and file the correct legal documents (complaint-affidavit, petitions for protection orders).
Assist you in gathering evidence and organizing witness testimonies.
Provide guidance on possible out-of-court settlements or alternative dispute resolution, if appropriate.
Represent you in court proceedings to ensure your rights and interests are protected.

10. Summary

Filing a verbal abuse complaint under RA 9262 in the Philippines involves:

Understanding verbal abuse as a form of psychological violence under the Anti-VAWC law.
Gathering detailed evidence and documentation (logs, recordings, witness statements).
Reporting the incident to the barangay or police, securing necessary protection orders.
Filing a formal complaint with the Prosecutor’s Office and pursuing the case in court if probable cause is found.
Availing oneself of legal counsel to protect and assert your rights throughout the proceedings.

RA 9262 empowers women and their children by providing legal remedies against various forms of abuse, including verbal abuse. Through increased awareness, early reporting, and proper legal action, victims can protect themselves and seek justice within the Philippine legal system.

Disclaimer: The details provided here are meant for general guidance. Each case is unique, and procedures or requirements may differ slightly depending on local court or barangay practices. Always consult a qualified legal professional for personalized advice.