Dear Attorney,
I am writing to seek your advice regarding a troubling situation in our family. My mother is currently working as an overseas Filipino worker (OFW) in Hong Kong, while my father lives here in the Philippines with me and my siblings. Unfortunately, my father often verbally abuses my mother during their phone conversations, which is causing her a great deal of emotional distress. We are worried about her well-being and want to know how we can report this behavior and what steps we should take to protect her, even from afar.
We are concerned about the legal process and our safety in reporting this abuse. What should we do?
Insights
In the Philippines, verbal abuse is considered a form of psychological violence under Republic Act No. 9262, also known as the Anti-Violence Against Women and Their Children Act of 2004. This law aims to protect women and their children from various forms of abuse, including verbal abuse, which can cause emotional and psychological harm.
Given the situation you described, your mother can file a complaint against your father under this law. Here’s a step-by-step guide on how you can proceed:
Documentation: Encourage your mother to document all instances of verbal abuse. This can include saving messages, recording phone calls (if possible), and writing down dates, times, and the nature of the abusive conversations. This documentation will be crucial evidence when filing a complaint.
Filing a Complaint: Your mother can file a complaint at the nearest Philippine embassy or consulate in Hong Kong. She can also seek the help of the Department of Foreign Affairs (DFA) or the Philippine Overseas Labor Office (POLO) in Hong Kong, which can provide assistance in reporting the abuse to the appropriate authorities in the Philippines.
Legal Support in the Philippines: If your mother prefers, she can authorize you or another trusted relative in the Philippines to file a complaint on her behalf. The complaint can be filed with the local barangay, the Philippine National Police (PNP), or directly at the nearest Family Court. A barangay protection order (BPO) can be issued quickly to prevent further abuse.
Seek Protection: Your mother has the right to seek protection under the law. This includes requesting a protection order that can prohibit your father from committing further acts of violence, contacting or communicating with her, and even staying away from the family home if necessary.
Counseling and Support Services: It may also be helpful for your mother to seek counseling or support services available through OFW centers or NGOs that assist women in distress. Emotional support is vital during this challenging time.
It’s important to remember that verbal abuse is not a trivial matter. The law recognizes the serious impact it can have on an individual's mental health and overall well-being. Protecting your mother and ensuring her safety should be a priority, and the law provides avenues for her to seek justice and protection.
By taking these steps, you can help your mother navigate this difficult situation, even while she is abroad. Consulting with a lawyer who specializes in family law may also provide more personalized guidance based on the specifics of your case.