Republic Act 9262: anti-violence against women and their children act of 2004 and implementing rules and regulations

Republic Act 9262: Anti-Violence Against Women and their Children Act of 2004
Publisher
  • Philippine Commission on Women (PCW)
Published
2004
Topics
  • Violence against women
Availability
Complimentary
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This publications contains the full text of the Republic Act No. 9262 also known as the "Anti-Violence Against Women and their children (VAWC) Act of 2004." It also contains the implementing rules and regulations for this law.

This handbook is one of four handbooks on laws on Filipino women reprinted by the NCRFW namely: Republic Act 7877: the Anti Sexual Harassment Act of 1995, Republic Act 8353: the Anti-Rape Law of 1997, Republic Act 9208: the Anti-Trafficking in Persons Act of 2003, and Republic Act 9292: the Anti-Violence Against Women and their children (VAWC) Act of 2004.

Comments

legal support

i would like to ask if there is a certain amount of legal support from a father to a son? my son is 13 years old, second year high school. his father is working in australia. he is the one spending for my son's education, but only for the tuition fee, no more no less. is the father responsible for the monthly allowance for my son? is there a certain amount per month? what are my son's rights? please enlighten me. thank you.

There is no specific provision in the law

There is no specific provision in the law (RA 9262: Anti-Violence Against Women and their Children Act of 2004) on the amount of legal or financial support from the father. However, this law provides criminal sanctions or penalties for failure to provide support or withholding custody. For further help/information on legal matters, please inquire at DOJ-PAO: 929-9010; 929-9436 to 37. Thank you. 

inquiry on ra 9262

my wyf left me since 2007 because i dont have a job...when i have a work last 2011 she appear and she ask an amount of 500 thousand for annulment, and when i refuse because the amount she demanded is too big where in fact we dont have a child. she then file a case the 9262 against me. according to her atty she has a medical certifcate and the case is on the process........ what is my benefits or freedom or a fight against that? today i have a 3 year old daughter and a solo parent given by dswd. i did not hurt her base on her mdical cert..the injuries that shows to her body are the result of self infection...she carry the cpu of our computer and the monitor and she almost stumble because it is too heavy...and after that her family came to my house and they carry all the things in my house i mean all...even the cabinet on the concrete wall...the dress hangers..chairs tv..refregerator sala set..all of those have contributed to the injuries on the medical certificate becauase when the doctor was cross examine he said it was used by barnacles and other metal things.... my God. will i go to jail and fine?

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We are sorry for the situation you are into. Your wife has the right to file a case on the violation of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) against you provided that her basis is valid. We can only suggest that you need to defend yourself through the help of a lawyer to prove your innocence. Since PCW is a policy-making and monitoring agency on women's empowerment and gender equality, we suggest that you seek assistance from direct service providers. For legal advice on the matter, please inquire from the DOJ-Public Attorney's Office (PAO) at tel. no. 929-9010; 929-9436-37 or the NGO group SALIGAN at tel. no. 426-6001 loc 4858-60. You may also seek for counselling service from the DSWD-NCR CBSU at tel. no. 733-0010 loc. 116 or from your City Social Work & Development Office.Thank you.

your wife sees you as a bank

your wife sees you as a bank where she can withdraw all her savings due to your bullshit marriage. prove to her that she is the who who has done you wrong.ganyan ang mga babae, inaabuso ang sense ng RA 9262.

Legal Support

i would like to ask if there is a certain or specific amount of legal support from husband to wife. we don't have any kids.

There is no specific amount

There is no specific amount of legal or financial support from husband to wife but Sec. 8 (g) of RA 9262 states that one of the reliefs provided for the victims is: Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage

of the income or salary of the respondent to be withheld regularly by the respondent’s employer and for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court.
 

Blotter

can i file a blotter to anyone who resides in US ...? For he still sending me a nasty messages, for he still doing some moves that can ruin my image...

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We are sorry for the situation you are into. Since PCW is a policy-making and monitoring agency on women's empowerment and gender equality, we suggest that you seek assistance from direct service providers. Please you may inquire from the PNP-Women and Children's Protection Desk at tel. no. 723-0401 loc. 3480. Thank you.

what case to file

i want to ask if what case "MY HUSBAND DID NOT TELL THE TRUTH THAT HE HAVE ANOTHER WOMEN BEFORE WE GET MARRIED AND I FINALLY FIND OUT 1 MONTH AFTER THE OUR WEDDING. HE PROMISED AGAIN THAT THEY RELATIONSHIP IS FINISHED BUT AGAIN I FOUND OUT THEY STILL CONTINUE THEY RELATIONSHIP UN TILL NOW AND MY HUSBAND PLANNING TO FILE ANNULMENT WITHOUT MY KNOWLEDGE...

If your husband is a Filipino

If your husband is a Filipino who is living here in the Philippines, you may file for RA 9262 or Anti-Violence Against Women and Their Children Act of 2004 for the psychological violence that your husband has caused you. Please inquire or consult with a lawyer here in the Philippines for more assistance on this matter. Thank you.

RA.9262

panu po pag legal na kasal ang tapos ang ibang bansa ang lalaki at nagpaksal uli sa ibang babae ang lalaki sa ibang bansa

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Dahil sa ang katanungan po ninyo ay tungkol sa legalidad ng kasal, mas makabubuting sa mga legal na eksperto kayo dumulog. Para mabigyan kayo ng legal na paliwanag, maaari kayong dumulog sa tanggapan ng DOJ-Public Attorney's Office (PAO) sa tel. no. 929-9010; 929-9436-37 o sa grupong SALIGAN sa tel. no. 426-6001 loc 4858-60. Maraming salamat po.

Inquiry re Anti Violence against Women and Children

I would like to ask some questions po sana about my case. I had a boyfriend, who was separated from his wife (not yet legal), we were together for almost a year, naging friends pa kami ng ex wife niya and keep telling me don’t give up on her ex husband. Until my BF and I were fighting more often then I found out na nakikipagbalikan siya sa wife niya behind my back. On and off nagging relationship namin, I kept giving him a chance kasi sabi niya wala na talaga sila. Until one day, he admitted to me na sila na ulit because his family kept pushing him to her. So we broke up again, but my EX is still communicating with me and we still see each other. When the wife found out about it, binaligtad ako ng EX ko at sinabi ako daw ang pilit naghahabol. Few weeks ago, the wife of my EX Boyfriend posted and sent messages to my mom’s FB friends malicious things about me because my EX Boyfriend (Her husband) told her lies about me. Hindi ko po siya pinatulan as advised na rin po by my family. Later on, my EX BF asked for forgiveness at naging kami ulit. I trusted him again, that he will not hurt me and he said he’ll do everything para maging legal kami. All of a sudden, nagbago isip niya and I got so angry so I told his wife na kami pa rin. His wife understood my side. Then I found out na nakipaghiwalay siya sa EX ko. My EX BF said he will send messages to my FB Friends about us. He kept on harassing me thru call and text messages. And even said magiiskandalo siya ditto sa office.
My question is, since I was emotionally affected also by the situation, my rights po ba ko magfile ng case sa kanila dalawa (ex. Anti Violence against Women and Children/Cyber Crime Law/Libel/Public Scandal) or kung sila magfile ng case laban pos a akin, may laban po ba ako? Sana po mabigyan ninyo ako ng advice.

Thank you so much po.

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You may file for RA 9262 or Anti-Violence Against Women and Their Children Act of 2004 against your former boyfriend for the psychological violence he has caused you. Please consult or inquire from a lawyer (DOJ-Public Attorney's Office or a private lawyer - we recommend the lawyers non-government organization SALIGAN) for more assistance on this matter. Thank you.

9262

HINDI PO BA SA KASAL LANG PO PWEDE UNG VAWC LAW? HINDI PWEDE GAMITIN SA BOYFRIEND PAG EMOTIONAL PROBLEM?

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Ang batas ng RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) ay sumasaklaw sa lahat ng magkarelasyon-kasal o hindi at kasalukuyan o nakaraan. Sa ilalim ng batas na ito maaaring kasuhan ang karelasyon o dating nakarelasyon sa mga sumusunod na pang-aabuso: pisikal, sikolohikal, emosyonal at pinansyal. Maaari kayong dumulog sa tanggapan ng DOJ-Public Attorney's Office (PAO) para sa legal na payo sa tel. no. 929-9010; 929-9436-37 o sa grupong SALIGAN sa tel. no. 426-6001 loc 4858-60. Maraming salamat.

kung tutuusin malaki din ang

kung tutuusin malaki din ang kasalanan mo kahit anung gawin mo mali at mali pa din na naging other women ka nasa babae lagi ang pag cocontrol nasa babae lagi at kung nirerespeto mo ang sarili mo di ka aabot sa ganyan

Can I sue my My EX-BF STEVEN QUIDES using RA9262(PsychologicalV)

Hello Atty. I hope you can help me. I just need a lawyer's advice. I want to sue my EX-BF. Can I use RA 9262 Psychological Violence against him? For the reasons at the time when he got me pregnant he wanted me to perform abortion. He bought Cytotec in Quiapo and gave it to me then every day (last year) he always text me to ask if I already took the medicine. He said, he can't give his name to the child because he is already married. I had so much stress from that. I didn't agree with him. He also told me he already have another case from his previous girlfriend and also have another son. For me to keep quiet he gave financial support though not enough for my baby's needs. I even kept it secret to my parents until now about who the father of my child is. I don't know how to tell them. Last May, I caught him having another affair and it gave me another stress. I was so depressed and it was only 3 months after I had given birth so I was still suffering from post natal depression. It lasted till August. I even helped him to fix his marriage because his wife caught him flirting with another woman. He was trying to make me believe that If I won't help him I would be the one who will cause his family to be broken apart. I kept my silence but it was so hard that I wanted to tell the whole world about my situation. I wanted to tell my dad about it but I'm so afraid he'll get HIGH Blood pressure if he finds out the truth. Not until last October, I read all his conversations here on FB and I was so shocked that aside from me there were still several women he had a relationship and continuously till now. I was so devastated and so much hurt. I didn't know what to do my heart feels heavy and I feel the anguish till now. I called him after I found out, I told him I already know the truth but he denied it. I posted it here on FB because I feel like, I'm really going crazy and I don't know how to deal with it and tell my parents. I sent messages to his siblings telling them I can't really bare those nasty things that their brother is doing to me. (I met his family once that made me believe he was still single.) After that he called me and told me to fix things with him? I said: "What for?", I just want him to recognize my baby. He said, how can he support my baby if I'm going to tell the truth to his family and even to my family. He also said, by doing that I would ruin his family. His sister even called me, and said please don't message the wife of my brother... I was shocked because I didn't even do that. I also received a text message from him telling me that I was the reason his life is ruined and his wife trying to kill herself. He even sent me an email telling me to wait for my KARMA. He was trying to make me the VILLAIN, where in fact my poor baby and I were the victims of his evil deeds. He just want to save himself. Please give me advice. Thanks a lot!

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You may file for RA 9262 or Anti-Violence Against Women and Their Children Act of 2004 against your former boyfriend for the psychological violence and economic abuse he has caused you. Please consult or inquire with a lawyer (DOJ Public Attorney's Office or a private lawyer - we recommend the lawyers non-government organization SALIGAN) for more assistance on this matter. Thank you.

for beng moreno's case against EX-BF STEVEN QUIDES using RA9262(

its my first to access the web about RA 9262. your posting caught my attention. i sympathize to your sufferings with a gigolo who manipulates women including yourself and his wife. As I read the last few sentences of your posting, for the KARMA word and you are the cause of ruining his life.....it makes me angry!
It takes two to tango! yes you are part of the drama but he was the one who ruined your life and your baby and his own family. I hope someday you will bury to the grave all those painful memories with this man and focus all your positive energies to you love child. She (he) deserves a parent who will accept and give unconditional love, a better future, a peaceful home with love and joy. God bless you.

Rude Uncles

My two uncles almost killed my father, but my father won't do some legal process because they were his brothers. I'm so angry sometimes, I would burst my feeling out. One day, my one uncle heard me retelling what they did to my father to my cousin. Then he came up to my house, shouted at me and rudely pointing at me. As if he wanted to do the same thing he did to my father with me. How can I protect my father who is now weak and myself?

Can i sue my ex-bf

hello atty.i just want a legal advice.my boyfriend is a half japanese /half singaporean.we have a child at nkapangalan sa kanya un.singaporean un nakalagay na nationality bf ko. then late of 2012 ive found out na Filipino citizenchip nya.indi lang po un.ang alam ko ngatratrabaho sya sa japan pero meron nakakita sa knya sa SM me kasama babae then nalaman ko na meron na pla sya kinaksama na iba sa laguna.
di ko po alam un address nya.pwede ba ko magsampa ng kaso sa kanya?
wala po sya binibgay na sustento sa anak namin.
please give advise po..im emotionally battered na sa kanya.ilang beses na nya ako niloko sa ibat ibang babae..salamat po.

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Maaaring masampahan ng kasong paglabag sa RA 9262 o Anti-Violence Against Women and Their Children Act of 2004 ang dati mong nakarelasyon at ama ng anak mo. Sa ilalim ng batas na ito maaari siyang ireklamo ng economic abuse dahil sa hindi pagbibigay ng sustento sa anak ninyo at psychological violence dahil sa emosyonal na pahirap na dinanas mo. Pinapayuhan ka na humingi ng tulong ligal mula sa isang abogado pribado man (maaaring kang kumunsulta sa grupo ng mga abogado na kung tawagin ay SALIGAN c/o Lizel Mones - 426-6001 loc 4858-60) o pampubliko (maaring kang kumunsulta sa Dept. of Justice-Public Attorney's Office 929-9010; 929-9436-37). Maraming salamat.

Ra 9262

How can i asked financial support to fernando bulanadi my husband who already living with other woman and already with son. But we were not annulled and he is presently working at marina sands singapore earning more than 100k a month.

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Please may we refer you to the Overseas Worker's Welfare Administration (OWWA) because they have the capacity to contact your husband and notify his agency on this situation. You may also seek legal advice from the NBI VAWC Desk at tel. no. 523-8231 loc.3403 on how are your going to file a violation on RA 9262 against your husband.

financial support/sue

I am a mother of two boys unwed,my eldest son whos 16 y/o was with his father in the united states and my youngest was with me who is 12 y/o(philippines).my youngest was no longer receive financial support from his father.My sister inlaw called me asking for receipt or an statement of account from start to end her bother sent me it should be notarized and with my signature on it.
I dont have work to finance my child.I want sue the father what case is the best to file against him? I have this doubtful feeling that theyre gonna take my child and i dont want this to happen,help me pls.

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You may file a case for violation of RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) against the father of your child due to his negligence of providing financial support (economic abuse) to your son. If the father of your son is living here in the Philippines, this case will be expedited with less complications. Please consult or inquire with a lawyer (DOJ Public Attorney's Office 929-9010; 929-9436-37 or a private lawyer - we recommend the lawyers non-government organization SALIGAN c/o Lizel Mones 426-6001 loc. 4858-60) for more assistance on this matter. Thank you.

his not supporting

gudpm po. ano po ba pwdeng ikaso sa tatay ng anak ko mula po nung nasa tiyan ko pa po ung anak ko hangang pinanganak ko di na po xa sumusuporta,. gusto ko po sana xa ipatangal sa work nya bilang sundalo.. ano po dapat kung gawin? para matangal xa sa work plz help me po.........

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Maaaring sampahan ng kasong paglabag sa RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) ang ama ng iyong anak dahil sa hindi niya pagtupad sa tungkulin niyang magbigay ng pinansyal na suporta o sustento sa inyong anak. Ang hindi pagbibigay ng pinansyal na suporta sa anak at asawa ay isang example ng Economic abuse sa ilalim ng RA 9262. Kung nais n'yong mabigyan ng mas detalyadong kaalaman kung anu-ano ang mga hakbanging maaring  nyong gawin, maari kayong maghingi ng legal advise sa SALIGAN (isang NGO) sa tel. no. 426-6001 loc. 4858 to 60 c/o Lizel Mones o sa Public Attoryney's Office Tel. No. 929-9010; 929-9436 to 37. Maraming salamat.

Annulment Summon

I received a summon from my husband regarding nullity of our marriage. He filed against himself for being psychologically incapacitated. I have no issue for the nullity of our marriage, i am after the legal docs for my childrens support. How do i do this? Do i need to answer his summon of file RA9262? He admitted everything in his petitions based on the summon that i received. I just wanted legality on my kids financial support. He failed to give my kids their monthly allowance from Oct 2011 until Oct 2012. Then last nov and dec he resume plus he provides tuition fee for my kids. Can i sue for the 1 year he failed to give? For not answering my emails regarding allowances of my kids? Please advise. I am given until the 20th to answer the summon. I am based in antipolo city, he filed at Angeles Pampangga.

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For legal advise on the matter, please inquire from the DOJ-Public Attorney's Office (PAO) at tel. no. 929-9010; 929-9436-37 or the NGO group SALIGAN at tel. no. 426-6001 loc 4858-60. 
 
Thank you.

Hello po good day. I would

Hello po good day. I would like to ask if I can demand any support from my husbands' family. My husband died four years ago, last January 2009. We had 2 sons ages 4 yrs. old and 9 yrs. old now. Since he died the family of my husband never gave any support from us, we are legally married. The family is more financially capable then me, im was worried because my two sons' needs were getting higher most especially in their education. I want that the family of their father have a counter part in sending to school. Do I have the right to demand from them? Please enlighten me of what to do. Thank you.

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For legal advise on the matter, please inquire from the DOJ-Public Attorney's Office (PAO) at tel. no. 929-9010; 929-9436-37 or the NGO group SALIGAN at tel. no. 426-6001 loc 4858-60.

Thank you.

Financial Support

Ako lang po ang nagtatrabaho, ako din po ang nagbabayad ng lahat ng gastusin sa bahay, palagi po akong hinahanap ng pera ng asawa ko, dahil sa akala nyang may babae po ako, kaya po sa tuwing bibgyan ko sya ng allowance ay kanya po agad nauubos, at pag wala na po syang perang hawak, binebenta nya po at sinasanla ang aming mga kagamitan na naipundar ko at pati narin ang mga personal kong gamit... pagkatapos po nun ay, dinemanda nya po ako, at ang demanda nya sa akin ay Physical injury at itong R.Aa 9262. Ano po ba ang magiging laban ko dito... Salamat po.

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Kinakailangan pong harapin ninyo ang kasong isinampa sa iyo ng asawa mo upang maipagtanggol mo rin ang sarili mo. Maaari ka naman magsampa ng kontra demanda laban sa asawa mo. Maaari kang dumulog sa tanggapan ng DOJ-Public Attorney's Office (PAO) para sa legal na payo sa tel. no. 929-9010; 929-9436-37 o sa grupong SALIGAN sa tel. no. 426-6001 loc 4858-60. Maraming salamat.

Need advice for annulment

Hello po, ako po at ang asawa ko ay naghiwalay noong 1994 dahil nagkaroon sya ng ibang babae at tuluyan nya kami pinabayaan at hindi sya nag suporta sa aming 4 anak., ako lahat ang nagpalaki at nagpaaral sa aming mga anak..lumapit po ako ng lawyer noong taon 2006 at nagkaroon ng psychological interview sa aking mga anak na nagbayad ako ng 15,000 pesos kasi dapat tutulungan ako ng lawyer ng na mag file ng annulment, hindi ko nai pag patuloy ang aking pag file ng annulment dahil sa malaki ang hinihingi ng lawyer...paano po ba dapat ko gawin upang ma annul na marriage ko, or yung tagal ng hindi namin pag sasama masasabi ba na nulled or void na marriage namin?....ano pa ba dapat ko gawin...UMAASA PO AKO NA AKO PO AY INYONG MATUTULUNGAN....MARAMING MARAMING SALAMAT PO...

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Ikinalulungkot namin ang nangyari sa inyo ng mga anak mo. Minumungkahi ko na bago ka magsampa ng kaso ng annulment, maaari mong sampahan ng kaso ng paglabag sa RA 9262 (Anti-Violence Against Women and Their Children Act of 2004) ang asawa mo kahit matagal na kayong hiwalay. Kung simula 2004 hanggang sa kasalukuyan ay hindi siya nagbibigay ng suportang pinansyal, maaari siyang ireklamo ng economic abuse sa ilalim ng RA 9262. Ang paglabag sa RA 9262 ay isa sa mga posibleng magpatibay ng ebidensya laban sa iyong asawa upang matulungan ka sa pagsampa mo ng kaso ng annulment. Maaari kang dumulog sa tanggapan ng DOJ-Public Attorney's Office (PAO) para sa legal na payo sa tel. no. 929-9010; 929-9436-37 o sa grupong SALIGAN sa tel. no. 426-6001 loc 4858-60. Maraming salamat.

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Based on RA 9262, there are penalties consisting of prision mayor (imprisonment ranging from six years and one day to twelve years); prision correctional (imprisonment ranging from six months and one day to six years); and arresto mayor (imprisonment ranging from one month and one day to six months) depending on the specific act of violence. Please read the RA 9262 and its Implementing Rules and Regulations (IRR) for further details on this. You may download a copy from http://ebookbrowse.com/ra-9262-implementing-rules-and-regulations-pdf-d2....

advice

hello atty. Good day..My sister was a victim of Republic Act 9262 but she is not willing to complain or seek help in the PNP womens desk/DSWD and even in the Barangay because of fear and probably she is intimidated by her husband. Her husband is a drug dependent and she usually hit physically. May I ask you if my mother/sisters can file a complain regarding this?.. Thank you

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The offended party; parents or guardians of the offended party; ascendants, descendants or collateral relatives within 4th civil degree of consanguinity or affinity, social workers of DSWD or social workers of local government units, police officers, Punong Barangay or Kagawad (for Temporary Protection Order in court); lawyer, counselor, therapist, healthcare provider of victim; or at least 2 citizens of the city who have personal knowledge of the commission of the crime. 

For legal advice on the matter, please inquire from the DOJ-Public Attorney's Office (PAO) at tel. no. 929-9010; 929-9436-37 or the NGO group SALIGAN at tel. no. 426-6001 loc 4858-60.

Thank you.

 

 

please tulongan niyo ako

ano po ba ang pwede kong gawin sa mistress ng asawa ko(kasal po kami) na simula pa lang nung nagsimula ang relasyon nila ng asawa ko ay emotional distress, pangkukutya, at pang aapi ang gnggawa sa akin. Sa kabila ng lahat inaagawan pa po kami ng suportang dapat sa amin ng anak ko.Buntis po ako ngayon sa pangalawang anak namen ng asawa ko. Di po ako makalaban dahil may kaya daw po sila at wala akong mapambayad ng abogadong magtatanggol sa akin? Sinubukan ko na rin po lumapit sa Public Attorney's Office pero di na daw po nila ako pwedeng tulungan dahil naunang kliyente na raw po nila ung mistress ng asawa ko. Tulongan niyo po sana ako kung ano dapat kong gawin? Hirap nqa hirap na po ako, napakasakit po sa damdamin.

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