Dear Attorney,

I am reaching out regarding my concern about filing a VAWC (Violence Against Women and Children) case against the father of my child who is currently in the Philippines. I would like to know the steps involved and what documents I need to prepare. Can I pursue this case even if I am living abroad as an overseas worker? Thank you for your guidance.

Sincerely,
A Concerned Parent

Insights

The Violence Against Women and Children (VAWC) Act of 2004, also known as Republic Act No. 9262, is a landmark law in the Philippines that protects women and children from violence, particularly within the context of domestic or family relationships. This law primarily covers abuses perpetrated by a woman’s intimate partner, whether married, separated, or in a common-law relationship, and provides legal remedies for women and their children.

Definition of Violence Under VAWC

Violence under VAWC is broadly categorized to include physical, sexual, psychological, and economic abuse. This means that acts ranging from physical harm, sexual coercion, mental harassment, and withholding of financial support can all be considered grounds for filing a VAWC case. The law provides protection for both the woman and her children, recognizing their right to safety, security, and dignity within the household.

Legal Rights of the Victim

Under the law, a victim of VAWC has the right to file for protection orders, both temporary and permanent, depending on the severity of the situation. The protection order can mandate that the perpetrator refrain from committing any act of violence, stay away from the victim’s residence or place of work, and provide financial support for the victim and their children.

Filing a VAWC Case While Abroad

Even if a woman is currently working or residing overseas, she is still entitled to file a VAWC case against her intimate partner in the Philippines. The law allows women to file complaints at the nearest Philippine Embassy or Consulate, and these offices will coordinate with local authorities in the Philippines to ensure that the case is processed. The Overseas Workers Welfare Administration (OWWA) also provides assistance to Overseas Filipino Workers (OFWs) in cases involving domestic violence.

Procedure for Filing

The process for filing a VAWC case involves the following steps:

Gather Evidence: The victim must collect evidence of abuse, which may include medical records, photos, written threats, or testimonies from witnesses.
Seek Legal Counsel: It is essential to consult with a lawyer or legal aid office to ensure the proper documentation of the case and preparation of necessary affidavits.
File for Protection Order: A Barangay Protection Order (BPO) can be filed at the local barangay where the victim resides or at the Philippine embassy. Temporary and permanent protection orders can be pursued in family courts.
Submit Complaint to Authorities: The complaint, along with supporting documents, should be submitted to the nearest family court, which will decide on the merits of the case.

VAWC provides robust protections for women and children who are victims of abuse, ensuring they have legal avenues to seek justice, even when they are located abroad.

This process emphasizes the need for prompt legal action and proper documentation to protect the rights of victims.