Dear Attorney,

I would like to ask if I can file a Violence Against Women and Their Children (VAWC) case against my former live-in partner. We were not married, but the relationship ended badly, and I experienced emotional and psychological abuse during the time we lived together. Am I still protected by the VAWC law in this situation?

Sincerely,
Concerned Partner

Insights

The Violence Against Women and Their Children (VAWC) Act of 2004, officially known as Republic Act No. 9262, is a crucial piece of legislation in the Philippines that aims to address violence committed against women and their children. This law recognizes the various forms of violence that can occur within intimate relationships, regardless of the legal status of the partnership. VAWC covers women who are or were in a relationship with the abuser, whether they are married, living together, or share a child.

What is Covered Under VAWC?

The VAWC law was enacted to protect women and children from abuse in all its forms, whether physical, psychological, sexual, or economic. Here’s a breakdown of the different kinds of abuse recognized under VAWC:

Physical Violence: This includes any act that causes bodily harm to the woman or her child. Examples include hitting, slapping, punching, or any act that results in physical injury.
Psychological Violence: This type of abuse pertains to acts or omissions that cause emotional or psychological suffering. Common examples include verbal abuse, threats, intimidation, and manipulation. Psychological abuse often leaves no visible scars but can have long-lasting effects on a victim's mental well-being.
Sexual Violence: Sexual abuse involves acts such as sexual assault or forcing a woman to engage in sexual acts without her consent. It can also include harassment, sexual exploitation, and other forms of sexual coercion.
Economic Abuse: Economic violence involves acts that make the victim financially dependent on the abuser. Examples include withholding financial support, preventing the victim from working, or controlling the victim's access to resources and property.

Who Can File a VAWC Case?

The law explicitly states that any woman who is suffering from violence can seek legal protection, whether she is married to her partner or in a live-in relationship. This means that women who were in an unmarried cohabitation arrangement, like the case of a former live-in partner, are still covered by the VAWC law. The relationship need not be formalized through marriage for the woman to be entitled to protection.

Additionally, women in dating relationships and those with whom the abuser shares a child, even if they do not live together, are also protected under the law.

Protective Measures Under VAWC

The law provides several remedies for victims of VAWC, such as:

Protection Orders: A victim of VAWC can file for a protection order, which can be issued by barangay officials or the courts. There are three types of protection orders under the law:
- Barangay Protection Order (BPO): Issued by the barangay captain, this type of order provides immediate protection to the victim by restraining the abuser from committing further acts of violence.
- Temporary Protection Order (TPO): Issued by the court, a TPO offers broader protection than a BPO and may include provisions for child custody, financial support, and the victim’s exclusive use of a shared residence.
- Permanent Protection Order (PPO): This is a long-term protection order issued after a hearing, offering more comprehensive protection and is valid until revoked by the court.
Criminal Complaints: Aside from seeking a protection order, a victim may file a criminal case against the abuser. If found guilty, the abuser could face imprisonment, fines, and other penalties depending on the severity of the violence.

Penalties for Violating VAWC

Under the VAWC law, penalties for committing any form of violence against women and their children range from one month and one day to twelve years of imprisonment, depending on the gravity of the offense. In addition to imprisonment, the court may also impose fines, and the abuser could be ordered to undergo psychological counseling or psychiatric treatment.

Filing a VAWC Case: The Process

If you are a victim of VAWC, you can follow these steps to file a case:

Go to the Barangay: You can file for a Barangay Protection Order (BPO) in cases of immediate danger or abuse. The barangay captain can issue this order to ensure that the abuser is restrained from contacting or further harming you.
File a Criminal Case: You can file a criminal complaint at the local police station or the prosecutor's office. It's crucial to gather as much evidence as possible, such as photos of injuries, text messages, and witnesses, to strengthen your case.
Seek a Protection Order from the Court: In cases of more severe or recurring abuse, filing for a TPO or PPO in family court is a vital step. This provides longer-term protection for both the victim and any children involved.

Importance of Evidence

To support a claim under VAWC, gathering evidence is critical. This includes medical records of injuries, witnesses to the abuse, photographs, written communications (like text messages or emails), and any police or barangay reports that document the violence. These pieces of evidence will help substantiate the claim and can strengthen the case for obtaining protection orders or filing a criminal complaint.

Legal Assistance

Victims of VAWC are encouraged to seek the help of a lawyer to guide them through the legal process. Legal counsel can assist in preparing the necessary documents, gathering evidence, and representing the victim in court. Several organizations, such as the Public Attorney’s Office (PAO) and women’s rights advocacy groups, offer free legal services for victims of domestic violence.

Conclusion

The VAWC law provides robust legal protection for women and children who are victims of abuse, regardless of their marital or cohabitation status. Whether the abuse is physical, psychological, sexual, or economic, women who have experienced violence from their live-in partners or ex-partners can file for legal protection and seek justice. Ensuring that victims are aware of their rights under the VAWC law is critical in combating domestic violence and promoting a safer environment for women and children in the Philippines.