Violence Against Women and Their Children Act in the Philippines: Can a Sister File a Case?

Query: Can a sister file a Violence Against Women and Their Children (VAWC) case against her brother?

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The Violence Against Women and Their Children (VAWC) Act, also known as Republic Act No. 9262, is a landmark legislation in the Philippines designed to protect women and their children from violence. This law encompasses various forms of abuse, including physical, sexual, psychological, and economic harm or suffering.

Scope of the VAWC Act

The VAWC Act specifically targets violence committed by intimate partners. The law defines violence against women and children as any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a dating or sexual relationship, or with whom he has a common child. It also covers acts against a woman's child, whether legitimate or illegitimate, within or without the family abode.

Who Can File a VAWC Case?

According to Section 9 of the VAWC Act, a complaint can be filed by:

1. The offended party
2. Parents or guardians of the offended party
3. Ascendants, descendants, or collateral relatives within the fourth civil degree of consanguinity or affinity
4. Officers or social workers of the Department of Social Welfare and Development (DSWD) or social workers of local government units (LGUs)
5. Police officers, preferably those in charge of women and children's desks
6. Punong Barangay or Barangay Kagawad
7. Lawyers, counselors, therapists, or healthcare providers of the petitioner
8. At least two concerned responsible citizens of the city or municipality where the violence occurred and who have personal knowledge of the offense committed

Implications for Filing a Case Against a Brother

Given the above scope, the VAWC Act is designed to protect women from violence perpetrated by intimate partners and to safeguard children from various forms of abuse. The law does not extend to violence perpetrated by siblings unless the circumstances fit the definitions provided by the Act.

In cases where violence is committed by a brother against his sister, the appropriate legal remedy might not be under the VAWC Act. Instead, such instances could fall under other laws addressing domestic violence or criminal offenses such as physical injuries, acts of lasciviousness, or other relevant provisions under the Revised Penal Code of the Philippines.

Legal Recourse for Sibling Violence

If a sister is subjected to violence by her brother, she can seek protection and file charges under the following laws:

1. Revised Penal Code (RPC): The RPC covers various criminal offenses, including physical injuries, threats, coercion, and other acts of violence.
2. Anti-Violence Against Women and Their Children Act (RA 9262): While primarily for intimate partners, if the situation involves a woman's child, the law might apply if the brother's acts affect the woman's child.
3. Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610): This law provides protection to children against abuse, exploitation, and discrimination, which might be relevant if the sister is a minor.

In conclusion, while the VAWC Act provides robust protection for women and children against intimate partner violence, it does not explicitly cover sibling violence. Therefore, victims of sibling violence must seek recourse through other relevant laws to ensure their protection and the prosecution of the offender.