Can I file a case under RA 9262 if the father of my child does not provide financial support?

The Republic Act No. 9262, also known as the "Anti-Violence Against Women and Their Children Act of 2004" (VAWC), provides protections and legal remedies for women and children experiencing various forms of abuse, including economic abuse.

Definition of Economic Abuse

Under RA 9262, economic abuse is defined as any act that makes or attempts to make a woman financially dependent. This includes the withdrawal of financial support or preventing the woman from engaging in any legitimate profession, occupation, business, or activity. Economic abuse also encompasses the deprivation of financial resources and the right to enjoy property, including denying or failing to provide financial support that the woman or her child is legally entitled to.

Obligations of the Father

Fathers are legally obliged to provide financial support for their children, regardless of their employment status. The Family Code of the Philippines mandates that both parents share the responsibility of supporting their children. This support includes everything indispensable for sustenance, dwelling, clothing, medical attendance, education, and transportation, in keeping with the financial capacity of the family.

Filing a Case Under RA 9262

If the father of your child fails to provide the agreed-upon financial support, you may file a case under RA 9262 for economic abuse. The law recognizes economic abuse as a form of violence against women and their children. To proceed with this, you can:

File a Complaint: Go to the nearest police station or the Department of Social Welfare and Development (DSWD) to file a complaint. You can also approach the barangay (village) officials or a women's desk in your locality.
Seek Legal Assistance: Engage with a lawyer or a legal aid organization to assist you in filing the appropriate charges. They can help you gather evidence, such as the written agreement of financial support and proof of non-compliance.
Court Proceedings: The court can issue a Protection Order that includes provisions for financial support. Violations of such orders can lead to penalties, including imprisonment and fines.

Penalties for Non-Compliance

Violating the provisions of RA 9262, including failing to provide court-ordered financial support, can result in imprisonment ranging from six months to six years and fines between PHP 100,000 to PHP 300,000. The law aims to protect the rights and welfare of women and children, ensuring they receive the necessary financial support.

Alternative Remedies

Besides filing under RA 9262, you can pursue other legal remedies, such as:

Petition for Support: File a petition for support in a family court, which can order the father to provide regular financial support. Non-compliance with a court order can result in contempt of court charges.
Amendment of Custody Agreements: In cases where the father continually fails to support, you may seek to amend custody or visitation agreements, emphasizing the father's financial obligations.

In conclusion, RA 9262 provides a robust legal framework for addressing economic abuse and ensuring that children receive the financial support they are entitled to. Non-support from the father can be legally challenged under this Act, and various legal avenues are available to secure compliance and protect the rights of women and children.