163 thoughts on “RA 9262: Anti-Violence Against Women and Their Children Act

  1. My 22 year old single niece got impregnated by her 40 year old married co-worker, can we sue the married man using RA 9262? Or are there any other laws we can use against him?

    Thank you!

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    • Dear Eli,

      Thank you for your comment.

      About your query that was sent to us thru our site,

      My 22 year old single niece got impregnated by her 40 year old married co-worker, can we sue the married man using RA 9262? Or are there any other laws we can use against him?

      Thank you!
      We have solicited legal advice from lawyers who are in our network. The essential element in determining violation of RA 9262 is that there is VIOLENCE committed against women.

      They said that….

      The act of getting a woman impregnated, even by a married man, is not itself an offense under RA 9262. There must be physical, emotional or economic violence against the woman. The law says:

      “Violence against women and their children” refers to 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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      If there is violence involved, yes they can sue.

      In the circumstances that the girl was impregnated, and they too are both consenting adults, I don’t think there is a case to speak of, unless there is violence involved.”

      We hope this will help you.

      Thank you.

      Like

      • after giving birth she can sue or file a case against the 40y/o co worker if he failed to support the needs of baby of your niece (economic abuse)

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      • how about for those single man who impregnated a 26year old woman who are forcing the man to have sex with her and show motives to a man, then that was cause of her conception because of that situation, he promised to marry her without any choice because he was force to marry her. but suddenly he found out that a woman has a questionable character and he was also domestically abused by a woman and publicly insulting him which resulting him to back out and marry the one he really love for a long time. then the other woman sued him a case of R.A. 9262. What will be the right of a man to defend his self? what will be the counter of a wife against an other woman who are trying to ruin her family.
        than u…

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      • hi…i am gayboy milagrosa,,,i just want to ask,,i am 18 year old uncle of a filipino japanese child…and i hope u can help me with our problem…i am just trying my luck here ,,if someone could help us…….my niece was abandon got nothing from him..he has a stable job and he never tries to give some amount for the support of her daughter……. what shall we do and where must we ask for help?????

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      • sir, how about the case of my mother, our house was stoned by some youth lot of stoned because they are angry to my brother who allegedly hurt a 17 years old boy who keeps on bullying him of being a gay although his not. my mother is in the house and my father who is suffering from mild stroke. this case can be considered violence against woman too because of the psychological turmoil she experienced that time?
        my mother is 70 and my 76 alone in the house

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      • Hi Ms. Kim, im a researcher from Pinoy True Stories team, news dept. of ABSCBN, i would like to ask po sana for your help regarding your friend who was bullied in networking site. For trust purposes, you may see our fb page. https://www.facebook.com/abscbn.pinoytruestories . Im from Demandahan Show. We are interested po sana with the story of your friend. My contact number is 09175691374.Thank you very much.

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  2. I filed a case under RA 9262 the prosecution received my case last Sept 19, 2011, but i overlooked my address, i wanted to correct my address what should I do? how long it will take for me to received letter for the fiscal??? is it possible that i can included in my case that my ex boyfriend is using and selling drugs???

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    • I filed a case under RA 9262 the prosecution received my case last Sept 19, 2011, but i overlooked my address, i wanted to correct my address what should I do? how long it will take for me to received letter from the fiscal??? is it possible that i can include in my case that my ex boyfriend is using and selling drugs??? right now I don’t have attorney were should I get free legal assistance?

      thank you

      Like

  3. Dear Ladydimple Gangan,

    There is still a remedy to correct your address. You need to file a letter addressed to the Clerk of Court where the case filed stating your exact address. If you need legal assistance and you are indigent, you may seek help from the Public Attorney’s Office or PAO.

    Thank you.

    Like

    • SIR /MAM:
      bigyan nyo nmn po kami advice kung paano pong dapat kong i advice sa kapatid ko kasi po yung asawa nya may kabit at halos kapit bahay lang po nila.di na po sinusuportahan ang mga bata.at takot kumilos yung kapatid ko kasi bk saktan sya.humingi po ng tulong sa kapitan kaso wala pong aksyon .paano po ba dapat gawin sa proseso sa ganitong situasyun.taga cabanatuan po.at kawawa na nga po kapatid ko kuung ano ano pa sinsabing masasakit na words nanggaling sa babae.ngayun po nag abroad sila yung kabit at asawa ng kapatid ko di man lang po sila suportahan.parang awa nyo na po paki bigyan kami ng advice kung paano ba kami aaksyun.maraming salamat po.

      Like

      • maliliit pa po mga bata 4-5,&5-6 yrs old po at ate ko po nasa 40 + na kaya po di nmn din po makapag trabaho,maliit na bata at sa idad nya hirap mag move on.tapos po ulila na po kasi kami kaya wala man gagabay sa kanya.ako nmn po anak ko may sakit din.di na po sila kumakain at natatakot po ako na baka magkadeperensya na sya sa utak.kasi po isa kong kapatid kagaya din inabuso ng asawa noon at nagkasakit na nawala sa sarili.dahil sa hirap ng mga situasyun ,natatakot po ako kasi bk magaya na rin sya.kaya parang awa nyo na po tulungan nyo nmn ako kung paano gagawin ko.

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  4. Atty. Ang tanong ko nmn po eh ung wife ko she always says na d nya kailangan ng support ko at all. Gusto ko pong suportahan ung educaion ng mga bata. Pero she will still file RA 9262 on me and said na d cya maghahabol sa sustento pero gusto nya lng macancel ung visa ko. Nagsend po cya ng msg sa FB. Pwede po ba nyang gamitin ung RA 9262 on that way? What are my legal action to be done ?

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  5. good day, im a teacher i filed RA9262 with my husband my problem is when i attend hearing.As a teacher do i have the right to be absent with pay for this matter please help me to have copy to this provision so that i can show it to my heads for clarification because my case still going on.thank yo very much

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  6. my 20 year recently punched a 15 yr old kid because of provocation made by the 15 year old through facebook. when the father of the kid learned, he punched my son in the stomach and they filed a complaint using RA 9262 invoking that d kid s a minor. S my son liable against vowc? please i need a reply because we are being harassed by their friend who is a policeman that they will file in court.

    Like

    • January 12, 2012

      Dear caballesrosemary,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Based on your e-mail, your 20-year old son can be held liable NOT by RA 9262 or Anti-Violence Against Women and Their Children Act, but by Physical Injuries in relation to RA 7610 or “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

      Under the said law, “child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

      (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
      (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
      (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
      (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

      We hope this reply will help.

      Thank you.

      Sincerely,
      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

    • January 16, 2012

      Dear caballesrosemary,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Based on your e-mail, your 20-year old son can be held liable NOT by RA 9262 or Anti-Violence Against Women and Their Children Act, but by Physical Injuries in relation to RA 7610 or “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.”

      Under the said law, “child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following:

      (1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment;
      (2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and dignity of a child as a human being;
      (3) Unreasonable deprivation of his basic needs for survival, such as food and shelter; or
      (4) Failure to immediately give medical treatment to an injured child resulting in serious impairment of his growth and development or in his permanent incapacity or death.

      We hope this reply will help.

      Thank you.

      Sincerely,
      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

      • good day,

        pareho po kami nagwowork sa cruiseline husband ko for 10 yrs na kasal kami at since birth anak ko inabandoned niya kami at hindi siya nagbigay support maybe 3 months lang and stop po hiw manay times ako nakikiusqap sa kanya ppero ayaw niya hanggang nadiscover ko nanaganak na other woman niya at sila pa matapang now gusto ko po siya demanda ng criminal case at hindi na makaalis sa pag babarko dahil sa ginawa niya pinabyaan niya anak po namin at ang nakikinabang at declare niya asawa niya yong girl me enough evedince po ako sa korphil po siya umaalis at cook po siya name niya efren montemayor jr

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  7. HELLO. IM A 20 YEAR OLD GIRL WHO WAS ATTACKED BY MY BOYFRIEND. HE KEEPS ON DOING IT BUT I KEEP ON FORIVING HIM. IM SO TIRED.. BUT HE SAID SORRY. PLEASE HELP ME.. WHAT SHOULD I DO?

    Like

    • January 12, 2012

      Dear GHELLE1890,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Based on your comment, the action allegedly perpetrated by your boyfriend is a form of violence against women, as defined under Republic Act 9262, violence against women and their children (VAWC) refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      It includes, but is not limited to, “Physical violence” refers to acts that include bodily or physical harm.

      About your situation, Ghelle, based on the RA 9262,

      1. The law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of Anti-VAWC Act.

      2. You seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

    • January 16, 2012

      Dear GHELLE1890,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Based on your comment, the action allegedly perpetrated by your boyfriend is a form of violence against women, as defined under Republic Act 9262, violence against women and their children (VAWC) refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      It includes, but is not limited to, “Physical violence” refers to acts that include bodily or physical harm.

      About your situation, Ghelle, based on the RA 9262,

      1. The law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of Anti-VAWC Act.

      2. You seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  8. atty. tanong ko lang po ngfile po ang kapatid ko againts her husband againts RA9262. Nagtratrabaho po abroad ang kapatid ko. lagi kasi pong tinatakot ang kapatid ko. at kinuha pa ang mga anak nila sa mother ko na siyang ng aalaga ng mga anak nila. ngayon umuwi po ang sister ko to claim back her children pero ayaw pong ibigay nong lalaki.

    Like

    • January 12, 2012

      Dear reanabbykate_gozo,
      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case.

      The paramount criterion in child custody disputes is the welfare and well-being of the child, or the best interest of the child.

      The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

      Based on your e-mail, your sister have already filed a case against her husband in relation to Anti-VAWC Act, as defined under RA 9262, violence against women and their children (VAWC) refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      It includes, but is not limited to, the following acts:
      A. “Physical Violence” refers to acts that include bodily or physical harm;
      B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
      a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
      b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
      c) Prostituting the woman or child.
      C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
      D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
      1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
      2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
      3. destroying household property;
      4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
      On your situation, based on the RA 9262,

      1. The law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of Anti-VAWC Act.

      2. You seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely yours,
      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

    • January 16, 2012

      Dear reanabbykate_gozo,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you very much for your comment.

      Custody of children is one of the most intense aspects in family litigation. A custody battle could be an independent case or a mere incident in an annulment/separation case.

      The paramount criterion in child custody disputes is the welfare and well-being of the child, or the best interest of the child.

      The general rule is that a child under seven years of age shall not be separated from his mother, which is based on the basic need of a child for his mother’s loving care. Article 213 of the Family Code provides that “[n]o child under seven years of age shall be separated from the mother, unless the court finds compelling reasons to order otherwise.” This is more pronounced in case of illegitimate children, as the law expressly provides that illegitimate children shall be under the parental authority of their mother.

      Based on your e-mail, your sister have already filed a case against her husband in relation to Anti-VAWC Act, as defined under RA 9262, violence against women and their children (VAWC) refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      It includes, but is not limited to, the following acts:
      A. “Physical Violence” refers to acts that include bodily or physical harm;
      B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
      a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
      b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
      c) Prostituting the woman or child.
      C. “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.
      D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
      1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
      2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
      3. destroying household property;
      4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.
      On your situation, based on the RA 9262,

      1. The law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of Anti-VAWC Act.

      2. You seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely yours,
      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  9. ATTY .I’M 33 YRS OLD AT ISANG OFW.NAGPADALA PO KASI NG LETTER YUNG ATTY. NG X WIFE KO NA KAKASUHAN PO AKO NG RA9262 PAG HNDI AKO SUMIPOT THIS COMING JAN. 27, 2012.LAGE NMAN PO AKONG NAGPAPADALA NG SUPORT SA ANAK KO MASKI MAY ANAK NA YUNG X WIFE KO SA IBA AT HINDI PA KAMI ANNULED.TANONG KULANG PO KUNG MAGKANO BA TALAGA ANG HALAGA NA DAPAT IBIGAY SA BATA?

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    • January 16, 2012

      Dear Rench,

      We hope this e-mail finds you well.

      With respect to custody-support cases over children, it should not be as complicated, but reality makes it so.

      Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

      On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

      Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

      The education of the person entitled to be supported referred to in the preceding paragraph shall include his schooling or training for some profession, trade or vocation, even beyond the age of majority. Transportation shall include expenses in going to and from school, or to and from place of work.

      Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

      Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

      Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. R.A. 9262 provides for criminal sanctions or penalties for failure to provide support or withholding custody, in certain cases.

      We hope this will help.

      Thank you.

      Sincerely,

      Like

  10. hi, last dec 29 , i caught my wife having sex with a guy in our room – of course as a result – i inflicted physical harm to both of them, my wife is claiming protection under this law – is it proper?

    Like

    • January 25, 2012

      Dear Jay DelNegro,

      Thank you for your comment. We hope this e-mail finds you well.

      With respect to your query, it is complicated. Yes your wife can seek protection based on RA 9262. However, we advise you to hire or seek legal counsel that might help you clarify things in your mind.

      We hope this will help.

      Thank you.

      Sincerely

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  11. hello!!! i need your help also about my case because i file a case to my ex boyfriend coz he hit me when he get mad at me so i need your help…

    Like

    • January 25, 2012

      Dear judilyne osam,

      Thank you for your e-mail. We hope this e-mail finds you well, and that everything is going well with you.

      What case did you file against your former boyfriend? If it is in relation of the Violence Against Women and Children (VAWC) Act, as defined under Republic Act 9262, violence against women and their children (VAWC) refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      It includes, but is not limited to, “Physical violence” refers to acts that include bodily or physical harm.

      About your situation, judilyne osam, based on the RA 9262,

      1. The law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of Anti-VAWC Act.

      2. You seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  12. att.nag file po ako ng kaso sa asawa kong pulis under RA 9262
    6 months ago po..palagi mong delay ang notice sa amin ng abogado ko kaya di kami nakaka attend.na dissmiss po ung kaso..pero nag motion po kami at na grant naman po.advice po din ng lawyer ko na wag muna ako umuwi at dun po muna ako sa magulang ko habang hindi pa po kami nag kakaayos na magasawa.sa ka rereset po umabot po ng walong buwan.mula po nung wala ako sa bahay araw araw po kausap ko ang anak ko at mga kasama sa bahay,minsan minsan po umuuwi ako kapag wala ang asawa ko..hanggang sa nag decide po ako na bumalik kahit po na makita ako ng husband ko..anyway naisip ko po na sa kin din naman po yung bahay na pundar namin at ang kapakanan po ng anak ko ang iniisip ko..palagi pong ibinibigay ng asawa ko ang mga gamit ko..na kesyo iuwi ko daw po sa tinutuluyan ko ngayun.parang ipinamumuka niya po na wala na po akong karapatang umuwi sa bahay ko,nag file po ako sa knya ng kaso dahil po verval abusive po siya at may mga litrato po ako na kasama niya ang babae niya,pulis po siya at may baril at hindi ko po hawak ang isipan niya,sinasabi niya po sa akin na pwede kaming maghiwalay pero hindi daw po ako pwede mag asawa ng iba maski po mag file siya ng annulment.ayaw niya din po ako magkaron nang pakinabang sa lahat ng mga naipundar namin,,nagyun po na bumalik ako sa bahay..pinagsasalitaan na naman po niya ako ng masakit at panay na naman po ang sumbat sa akin..umalis po ako ulit dahil ayaw ko po makita ng anak ko ang problema namin.may hearing po kami sa feb 2..at sa ngayun po ay talagang namumrublema na po ako sa pambayad ko sa lawyer?pano po ba ang tama kung gawin?at ok lang po ba na umalis ulit ako sa bahay namin?hindi po ba ako makakasuhan ng asawa ko kung sakali naman po na di ako maka attend ng hearing..?san po ako pwede pumunta para magpatulong..sobra na pong pang aapi ang ginagawa ng asawa kung pulis..salamat po.

    Like

    • January 25, 2012

      Dear luc llanderal,

      Thank you for your e-mail.

      About your query, it depends where you file your case or seek protection. If you seek protection from your barangay, the following are the steps to be taken by barangay officials in handling Violence Against Women and Children (VAWC) cases:

      Under Sec. 47 of the IRR of R.A. 9262, the Barangay Officials shall strictly observe the following steps in handling VAWC cases at the Barangay level:
      a) Upon being informed of an act of VAWC, the barangay official shall immediately verify the information. If necessary, said official shall seek the assistance of the police;
      b) Respond immediately to a call for help or request for assistance or protection of the victim-survivor by entering the dwelling whether or not a protection order has been issued and ensure the safety of the victim-survivors;
      c) Interview the victim-survivors and the witnesses to determine the facts,and inform the victim-survivors of their rights and remedies. To preserve the testimony of the victim-survivor and the witnesses, said official should document the interview in writing or record the testimonies by audio or videotape with the consent of the victim-survivor;
      d) Arrest the perpetrator even without a warrant when any of the acts of violence is occurring, or when said barangay official has personal knowledge that any act of abuse has just been committed, and in the presence of imminent danger to the life or limb of the victim-survivor. The barangay official shall confiscate any deadly weapon in the possession of the perpetrator or within plain view;
      e) Transport or escort the victim-survivor to the nearest hospital, or available medical facility for treatment and medico-legal examination. Said official shall assist the victim-survivors to secure the medico-legal report;
      f) If the perpetrator is not immediately arrested, advise him or her to temporarily leave the house to prevent violence, or encourage her/him to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling for perpetrators;
      g) In the event that the victim-survivors have to be placed in a shelter or a safe place of their choice, the barangay official shall assist them in taking their personal belongings and taking their children and transfer them to a shelter or safe place;
      h) Report the incident and refer the victim-survivor to the Local Social Welfare and Development Office of the LGU within four (4) hours from the time of reporting. Said official shall also report the incident to the Women and Children’s Protection Desk at the nearest Police Station within the same period;
      i) In cases where the victim-survivor applying for a Barangay Protection Order (BPO) is a minor, any barangay official shall assist the victim-survivor and shall refer her/him to NGOs, social workers for counseling, temporary shelter and other support services;
      j) Monitor compliance of the respondent with the BPO;
      k) Ensure the safety and continued support to the victim-survivor and her family during the 15-day period;
      l) Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Children’s Protection Desk or other law enforcement agencies;
      m) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Children’s Protection Desk;
      n) Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of the victims;
      o) Shall not attempt to influence the victim-survivor to abandon her claims; and
      p) If the relief requested or applied for involves the failure to provide support to the woman or her children, especially for their education and medical needs, the Punong Barangay or in his/her absence, any Kagawad, shall call the respondent for counseling and explain to him his legal obligations to support his wife and/or minor children. This shall not be construed to mean as a mode of conciliation or mediation and must be done only with the presence of the respondent, without the victim-survivor or applicant.

      Note: Any barangay official or law enforcer who fails to report the incident of VAWC to the PNP shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

      IMPORTANT REMINDERS IN THE ISSUANCE OF BPO’s

      The Punong Barangay or Kagawad shall assist the victim-survivor/ petitioner in any application for a BPO.

      The ex parte determination on the application for a protection order shall have priority over all proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order. (Sec. 20, R.A. 9262)

      The application for a BPO is an ex parte proceeding, which means that no notice and hearing need be given to the respondent.

      The Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner for a protection order to compromise or abandon the relief sought. Otherwise, they shall be held administratively liable. (Sec. 33, R.A. 9262)

      BPOs shall be effective for fifteen (15) days. It is not extendible.

      The application for and issuance of a BPO is free of charge.

      The logbook (record of all VAW cases) is confidential and must be kept from the public especially the media.

      The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: “VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.” (Sec. 17, R.A. 9262)

      Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. (Sec. 21, R.A. 9262)

      Sec. 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined,any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom. (R.A. 9262)

      CONFIDENTIALITY

      Sec. 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court.

      Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00). (R.A. 9262)

      Section 16. Violation of a Barangay Protection Order.

      A complaint for a violation of a BPO issued under the Act must be filed directly with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

      A complaint for a violation of a BPO shall be initiated by the Punong Barangay or Kagawad who issued the BPO and if he/she is no longer in office or is incapacitated, a complaint for a violation of the BPO may be filed by any barangay official. It shall be the primary responsibility of these barangay officials to initiate complaints for violations of BPOs.

      In the event that the Punong Barangay or Kagawad or barangay official referred to in the preceding paragraph refuses to initiate a complaint for a violation of a BPO, the victim-survivor/ applicant shall have the right to file such complaint, without prejudice to the right to file appropriate administrative, civil or criminal action against the barangay official concerned. (IRR of R.A. 9262)

      We hope this will help.

      Thank you.

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

      • Hello Po Atty. Good afternoon… I am a teacher po, been working with 2 jobs for 5 years na po. My husband decided to go abroad year 2005 po. Our daughter that time was about 3 years old. at first everything was ok for he had been supporting us through his sister. He left us at his family’s house so everything was passing through them. We had some sort of problems with my Father in law so I decided to move to smaller apartment and got a better job. After few months, his sister told us that they had lost connection. It took him 1 year before he showed up for I told them that I will go to immigration if he is still missing in few days. Funny but obviously, there was a foul play behind my back. he had stopped supporting his daughter and so even I asked help from him and his parents/sisters, he would say he got no job. He came back 2011, and until now, we can’t him even if he is in Philippines. His family doesn’t want to tell us of his whereabouts. Can I sue him with this “RA 9262: Anti-Violence Against Women and Their Children Act” ? I just got tired of working from Mondays to Sundays just to survive po. What can I do to get a help from him even if he is hiding?

        Like

  13. GREETINGS!

    I am married for a year a half. it cannot deny that my husband and I often quarrel..this month of december 28, 2011 nag away po kami. hindi na cya umuwi sa bahay for 5 days i dont know his whereabouts..then untill now hindi na siya umiwi..i don know what to do dahil maraming loans kami. ngayon hindi ko alam kong ano gagawin ko . i really need his help as husband to pay our loans. na hospital ako hinda rin siya umuwi..now i want to file him a case under RA9262 psychological abuse..

    Like

    • Dear Maria Mirasol,

      We hope this e-mail finds you well, and that everything is going well with you.

      Thank you for your comment.

      Your comment is one question that has been repeatedly asked us, “How can a woman or her children, abandoned by the husband or live-in partner, get support for their financial needs?”

      The specific provisions of the Family Code of the Philippines on support can be found in Title VIII, Articles 194 up to 208.

      Based on RA 9262, the legal definition of “violence against women and their children” is any act or series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.

      “Psychological Violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to:
      a. intimidation
      b. harassment
      c. stalking
      d. damage to property
      e. public ridicule or humiliation
      f. repeated verbal abuse
      g. marital infidelity
      h. causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of a family to which the victim belongs
      i. causing victim to witness pornography in any form or to witness abusive injury to pets
      j. unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

      [1] If you and your children have been abandoned by your husband or live-in partner, you can compel him to give financial support by filing a petition for Protection Order under RA 9262.

      [2] In filing this petition, you can get free legal help from the Public Attorneys Office (PAO) or the Integrated Bar of the Philippines chapter offices which are usually located within the vicinity of a trial court or city. You can file the petition with the Family Court of the place where you live.

      [3] Support includes everything necessary for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of your family.

      [4] You can ask for support “pendente lite” (while the case is ongoing).

      [5] The Family Court judge will set the amount of support in proportion to your needs and the resources of your husband or live-in partner.

      [6] In the Protection Order, the judge will direct the employer of your husband or live-in partner to remit the support directly to you and your children.

      [7] If your husband or live-in partner and his employer disregard the Protection Order, you can ask the judge to cite them for contempt of court. The penalty for contempt is imprisonment or fine.

      You can also seek help from the following:

      Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      DOJ Public Attorney’s Office
      Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      Philippine General Hospital (PGH)
      Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit –
      East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      We hope this will help you.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

      • helo poh im shai 2nd wife po ako ng asawa kong police ngfile po ako ng case saknya ng violence agaunst women and children act kc poh may mga pasa at sugat ako ng pamedico legal na po ako ..posible po bang ma discharge ang asawa ko>muslim po kming dalawa

        Like

  14. Hello!
    I am separated from my husband sometime between 2005 and 2006 and i had a relationship with another guy which started last 2007. He is married and had 2 legitimate children and 1 illegitimate child from another woman. He did not support substantially his children for that matter. Unfortunately, i got pregnant. When he found out , he asked me to have it aborted. Nevertheless i continued my pregnancy which caused me humiliations and abandonment by my family especially my father. During the course of my pregnancy, he abandoned me, In fact he got involved with other woman. He caused so much emotional and psychological abuse against me. And during the course of my pregnancy i kept in touch with the mother of his illegitimate child because as far as i know the mother thinks that he is not involved with somebody else. I gave birth to our daughter but he never gave a centavo. From time to time he is buying milk, diapers but was not sufficient and sometimes this was given only after a text messages coming from me asking him ” walang kusa”. We had a very complicated relationship, at one point we are okay (still engaging in sexual actions) and the next thing we knew it where enemies especially if i found out that he is involved with a relationship again. Since i had no assurance, security and commtment did not bind our relationship, i moved on. I had a relationship with another man. And when he found out, he went out his way of winning me back by seeking our common friends to help him encourage me to go back to him.He introduced himself to my family, stalk my boyfriend’s identity,and he is even joining with my family gatherings just to show to me that he changed and was sincere that he wanted to have family with me. One day a girl messaged me, asking hows my relationship with him because they are dating and she thinks he is still pursuing me. I said where done and im involved with somebody else. I asked him about the girl but he denied it. My boyfriend and i broke up and still communication between me and him did not stop until we planned to have a road trip together. Weve been together for a couple of days. He drove me to baguio,. he intoduced me to his aunt and he let me stay at their house in manila. We talked about our relationship and i asked him to choose between me and the girl and he must cut his relationship with her if he wanted us to be together again. But unfortunately,pinalipas niya lang mga araw and nagbalikan sila if even if nagkabalikan na kami. he even spent christmas with us. he slept inthe house a couple of times. Until nga i found out that his making his way in seeing his other girl. I got so furious that i threathened him that i will tell his office that he is trying to falsificate the documents that he is going to present for his interview in the embassy But hindi ko rin naman ginawa. I texted him that i will cause him humiliation because of what he did to me. I texted him humiliating words out of my anger. I told him that i will file a case against him since he can afford to spend for his girlfriend.. I went to DSWD and PAO to seek advice and every step i made, i am informing him tru text.. hoping that he will consider a settlement since i am just after the child support but he never replied. The lawyer from the PAO adviced me that i will make my demand and gave to him.. I emailed my demand but he did not reply. I hand the letter to him personally but he got mad because he insisted that i am already harrassing him.. He shouted ” e d magpa blotter ka! which i did… He is now accusing me that i am harrassing him and emotionally abusing me by telling me that he never loved me and that its my fault that nakipagbalikan ako sa kanya na alam ko na may girlfriend siya. i was the one daw insisting that we patch things up And he even told me na papuntahin ko lang daw ang police para posasan xa. I am already contemplating to file RA 9262 against him but i have a problem:

    1.) can he use my text messages against me or does it have weight to the case that im going to file?

    2.) for the things that he did to me, can i use the psychological abuse as my case?

    3.) for the support for his child? what grounds can we use?

    4.) I am also married, is there a possibility that a case will be filed against me since i got pregnant with him?

    thank you for finding time to read my long story… Hoping for your enlightenment.

    Like

    • February 19, 2012

      Dear Love,

      We hope this e-mail finds you well.

      We have solicited legal advice from a lawyer in our network to supply the answers about your queries.

      Your comment, written below, is posted on the Human Rights Online Philippines site.

      “love commented on RA 9262: Anti-Violence Against Women and Their Children Act

      Hello!
      I am separated from my husband sometime between 2005 and 2006 and i had a relationship with another guy which started last 2007. He is married and had 2 legitimate children and 1 illegitimate child from another woman. He did not support substantially his children for that matter. Unfortunately, i got pregnant. When he found out , he asked me to have it aborted. Nevertheless i continued my pregnancy which caused me humiliations and abandonment by my family especially my father. During the course of my pregnancy, he abandoned me, In fact he got involved with other woman. He caused so much emotional and psychological abuse against me. And during the course of my pregnancy i kept in touch with the mother of his illegitimate child because as far as i know the mother thinks that he is not involved with somebody else. I gave birth to our daughter but he never gave a centavo. From time to time he is buying milk, diapers but was not sufficient and sometimes this was given only after a text messages coming from me asking him ” walang kusa”. We had a very complicated relationship, at one point we are okay (still engaging in sexual actions) and the next thing we knew it where enemies especially if i found out that he is involved with a relationship again. Since i had no assurance, security and commtment did not bind our relationship, i moved on. I had a relationship with another man. And when he found out, he went out his way of winning me back by seeking our common friends to help him encourage me to go back to him.He introduced himself to my family, stalk my boyfriend’s identity,and he is even joining with my family gatherings just to show to me that he changed and was sincere that he wanted to have family with me. One day a girl messaged me, asking hows my relationship with him because they are dating and she thinks he is still pursuing me. I said where done and im involved with somebody else. I asked him about the girl but he denied it. My boyfriend and i broke up and still communication between me and him did not stop until we planned to have a road trip together. Weve been together for a couple of days. He drove me to baguio,. he intoduced me to his aunt and he let me stay at their house in manila. We talked about our relationship and i asked him to choose between me and the girl and he must cut his relationship with her if he wanted us to be together again. But unfortunately,pinalipas niya lang mga araw and nagbalikan sila if even if nagkabalikan na kami. he even spent christmas with us. he slept inthe house a couple of times. Until nga i found out that his making his way in seeing his other girl. I got so furious that i threathened him that i will tell his office that he is trying to falsificate the documents that he is going to present for his interview in the embassy But hindi ko rin naman ginawa. I texted him that i will cause him humiliation because of what he did to me. I texted him humiliating words out of my anger. I told him that i will file a case against him since he can afford to spend for his girlfriend.. I went to DSWD and PAO to seek advice and every step i made, i am informing him tru text.. hoping that he will consider a settlement since i am just after the child support but he never replied. The lawyer from the PAO adviced me that i will make my demand and gave to him.. I emailed my demand but he did not reply. I hand the letter to him personally but he got mad because he insisted that i am already harrassing him.. He shouted ” e d magpa blotter ka! which i did… He is now accusing me that i am harrassing him and emotionally abusing me by telling me that he never loved me and that its my fault that nakipagbalikan ako sa kanya na alam ko na may girlfriend siya. i was the one daw insisting that we patch things up And he even told me na papuntahin ko lang daw ang police para posasan xa. I am already contemplating to file RA 9262 against him but i have a problem:

      1.) can he use my text messages against me or does it have weight to the case that im going to file?

      2.) for the things that he did to me, can i use the psychological abuse as my case?

      3.) for the support for his child? what grounds can we use?

      4.) I am also married, is there a possibility that a case will be filed against me since i got pregnant with him?

      thank you for finding time to read my long story… Hoping for your enlightenment.”

      The lawyer whom we have sought legal advice have the following answer to your queries. Some of the text has been edited only for the purpose of clarity.

      “For the support of the child,- she has the right to ask for the support of the child. Did the father acknowledge the child? If yes… file petition for support….it doesn’t matter kung married siya…

      As to the text messages it can be used but it doesn’t necessarily mean that it will be admitted and appreciated by the Court?

      What are the tenor of the text messages? I can only give my opinion as the weight of the text messages when I read it and what are situation when the text messages was forward.

      She can file violation of RA 9262 on economic abuse, emotional abuse and psychological (abuse). As to the result I cannot make a forecast as to how the case might be decided since I don’t know the text messages and other facts….

      The safest now is to file a petition for support… since this is not for the mother but for the child…”

      We hope this will help.

      Thank you.

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  15. Hi,
    I’m a solo parent. My marriage with my ex husband was annulled last 2010. I was the one who asked for annulment because of his constant womanizing. Somewhere in the very problematic stage of our relationship, before it ended, i got involved with a married man. It was perhaps because he gave me care and attention during those my most vulnerable times. But it was not long and I ended it for I know it was very wrong.
    My ex is abroad and does not give financial support to my child. Just recently he’s been contacting me and threatening me. He said he will spread the evidence (he claims to have) about me and the guy I had an affair with when we’re still married. The wife of the guy recently found out of the long ended affair and contacted my ex so they can do harm to me.
    My ex wants to bring my child abroad and leave with him with her current wife. If I will not agree to his wishes with regards to my daughter, he’ll destroy me (things like that) I have his emails as proof. He even specified that he will email the mother of my present boyfriend.
    my questions are:
    *Can I file RA9262 because of his failure to give financial assistance to my daughter, and he harassing and threatening me even if he’s abroad?
    *if not I have an idea when he’ll come back for a vacation,,,can I file for protection order and will the court act immediately so he cannot leave the country?
    *Does his words / claims have bearing just in case he fights for child custody?
    *If I get married, can my boyfriend adopt my child without his approval ( I read somewhere that when the child is abandoned, neglected by his biological parent and no communication for 3 consecutive months – this can be done) as I’ve mentioned he’s not supporting my daughter and only contacts me when he has stressful words to say.
    Thank you in advance!
    God Bless you for your good deed such as this.

    Like

  16. I’m a single working mother of three kids.

    In my work, i can considered myself being bullied by my employer, as well as being abused of my employment.

    Example:

    1. Demanding to finish report even I’m on leave (e.g. burial of my father, sick, etc.)

    2. Not giving merit in spite of the dedication to the point of working more than 8 hours including at home (proof are reports sent via email indicating time sent w//the attached reports)

    3. Before our Christmas party last December the General Manager, Assistant Gen, Manager (daughter of the owner) and the HRD Manager, talked to me and required to approach one by one all department heads to ask for apologies.

    When all I did is to report as an Audit Supervisor problems related to the operations, gave analysis, suggestions and recommendations.

    Due to this, stress and tension affect my health.

    And the last time, I’m so tired of the non-ending demanding and requiring reports from me, without thinking of my welfare, I said I will resign effective March 31, 2012.

    Although, I am not yet applying and looking for another job, what right do i need to claim from this company for the damage they’ve done to me?

    Can anyone help me and give free legal assistance for this matter?

    Thank you.

    Like

  17. Hi. I am hopeful you will be able to help me.
    I have 2 kids out of wedlock – 15 and 12 years old. I have been separated from their father for about 10 years now. I left my common-law husband due to irreconcilable difference and marital infidelity. While still living in Bicol, he would pay the children’s school fees though not voluntarily. He never gave financial assistance other than that.
    A few years ago I moved back to Manila because of my job. He visited the kids during Christmas time the first 2 years. Then afterwards we never heard from him. I would occasionally send him a text messages asking for financial help but he would either not reply or say he does not have any money. He does not communicate with me nor his kids in whatever means
    I know he is still living in Legaspi City. He used to teach in two prominent educational institutions. But now I do not know exactly where he is and what job he has at the moment. But I do need him to help me out financially especially that our oldest is about to enter college this school year.
    I have done some research on this a few years back. I was told I needed to file a case against him but have to go to Bicol for this. And due to my time, financial and even physical constraint ( I have a heart condition), I won’t be able to do so. My ex also bragged that I nor the law can not force him to give money since he does not have a permanent job.
    I tried my best to provide for my children but my earnings is not enough to keep up with their needs.
    So how do I go about with this? Where would I start?
    If the case needed to be in Bicol, can I have someone else, like a relative to follow up on this?
    Thank you for your kind assistance.

    Like

  18. Hello,
    I’m michael and i’ve been wrongly charged with RA 9262 by my soon to be ex-wife.
    (im selling my house, not legally hers, she demanded 5%, i refused so shw filed
    In retaliation).
    Shes claiming psyc violance.

    Can you please give possible legal defenses? I have a witness to the 5% request BTW, not sure if this will help me.

    Thank you, desperate……

    Like

  19. Hi i’m 35 years, OFW married and 2 children from, hiwalay po kami since then and i’m suppporting my child sa abot ng makakaya ng sweldo ko, but still my ex-wife want more and she told me she need 3/4 of my salary or else she will complain to my employer, I recently give 1/4 for both, which is i think its enought for my two kids, and still i had a pending case in POEA since 2006 for RA 9262,
    tanung ko lang po, how much exactly i need to give each of my child i mean legally from my salary? and i’m also supporting my parents.
    Thanks in advance…

    Like

    • June 13, 2012

      Dear Onins Poloyapoy Yosores,

      We hope this e-mail finds you well.

      With respect to custody-support cases over children, it should not be as complicated, but reality makes it so.

      Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

      On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

      Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

      Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

      Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

      R.A. 9262 provides for criminal sanctions or penalties for failure to provide support or withholding custody, in certain cases.

      The Protection Order under RA 9262 compels husband to give financial support to their children.

      Support includes everything necessary for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of your family. The Family Court judge will set the amount of support in proportion to the needs and the resources of the husband.

      In the Protection Order, the judge will direct the employer of the husband to remit the support directly to his wife and children.

      If you and your employer disregard the Protection Order, the judge can cite both for contempt of court. The penalty for contempt is imprisonment or fine.
      When can support be demanded? When shall payment be made?

      Article 203 provides that the obligation to give support is demandable from the time the person who has a right to receive it needs it for maintenance, but it cannot be paid except from the date of judicial or extra-judicial demand.

      Support pendente lite (while the case is being heard in court) may be claimed according to the Rules of Court.

      Payment must be made within the first five days of each corresponding month. When the recipient dies, his heirs cannot be obliged to return what he has received in advance.

      How the courts determine the amount of financial support for the spouses?

      Article of 68 the Family Code states that “the husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support.” Thus, a husband or wife may demand from the other spouse financial support. Section 2 of the Supreme Court Rule on Provisional Orders states:

      In determining support for the spouses, the court may be guided by the following rules:

      (a) In the absence of adequate provisions in a written agreement between the spouses, the spouses may be supported from the properties of the absolute community or the conjugal partnership.

      (b) The court may award support to either spouse in such amount and for such period of time as the court may deem just and reasonable based on their standard of living during the marriage.

      (c) The court may likewise consider the following factors:

      (1) whether the spouse seeking support is the custodian of a child whose circumstances make it appropriate for that spouse not to seek outside employment;

      (2) the time necessary to acquire sufficient education and training to enable the spouse seeking support to find appropriate employment, and that spouse’s future earning capacity;

      (3) the duration of the marriage;

      (4) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;

      (5) the needs and obligations of each spouse;

      (6) the contribution of each spouse to the marriage, including services rendered in home-making, child care, education, and career building of the other spouse;

      (7) the age and health of the spouses;

      (8) the physical and emotional conditions of the spouses;

      (9) the ability of the supporting spouse to give support, taking into account that spouse’s earning capacity, earned and unearned income, assets, and standard of living; and

      (10) any other factor the court may deem just and equitable.

      (d) The Family Court may direct the deduction of the provisional support from the salary of the spouse.

      We hope this will help.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  20. Ron Nagal,
    I filed a devorce here in california,
    I am a former Filipino and my wife is still living in the Philippines. my question is if I go back to the Philippines can she (my ex wife sue me using this family act?

    Like

  21. hi atty gud pm po. may itatanong po sana ako sayo. pasok din po ba sa R.A 9262 ang ginagawa ng isang pulis probensya na SPO3 na pumasok sa bahay namin at hinanap ako at galit na galit at may bitbit pa xang baril although hindi naman nilabas at hindi nman po nya tinutotok that time dahil nag seselos po na kasama ko yung naging x- GF nya, isa po akong lesbiana atty. at nasa serbisyo din po ako, yung x nya na sabi naman ng girl na GF ko na rin ngaun sa kasalukuyan na wala na nga daw po cla. pero galit na galit po xa at sa katunayan nga nung pumunta yung SPO3 na yun sa bahay nung GF ko nga at x-GF nya na dun pa nya nilabas ang baril at kinasa-kasahan nya yung babae po. ang iniisip ko lang kung wala xang intention sa akin na may gagawin xang masama po sa akin bakit xa galit na galit po sa akin na hinanap po ako? pinapa upo pa raw ng bunso naming babae ayaw na umupo at nung cnagot na nga xa ng kapatid ko kung nasaan po ako, ayun biglang alis daw agad at sumakay papunt nga dun sa bahay ng babae. naawa lang po kc ako sa lola kung may sakit at sa mama ko dahil natatakot po sila sa mga pangyayari na yun. gusto ko po sanang sampahan ng kaso nung time na yun na nangyari nitong march 5 lang nung pag uwi namin ng probensya pero dahil sa pakiusap din po ng GF ko po na pati name nya madadamay pa…kaya ayun yung mader ko nalang humarap sa kanya’ sa harap ng head ng MPS po cla nag uusap. ANg tanong ko po atty kung uulitin pa po yun ng mamang pulis na yun ano po ba pwd ko pong gawin na hakbang? nagmamayabang pa naman na tapos daw po xa ng LLB po…
    Eh ako isang hamak na tomboy lang po atty…at in good faith lang ako naninirbisyo po bilang isang alagad ng batas din…ang sa akin lang po kahit naman ganito lang po yung pagkatao ko basta hindi po ako nanlalamang po ng aking kapwa, hindi po ako nagmamalabis at ginagawa ko lang po yung trabaho ko….sa susunod na gagawin nya sa akin yun di na po ako papayag na yoyorakan nya lang pagkatao ko po atty…..ano po ba ang maibibigay na konting advice po atty? sana po masagot nu po ang aking konting mga katanungan at matulungan nu po ako atty…maraming salamat po….GOD BLESS..

    Like

  22. hello po atty.
    may pinsan po akong babae may anak syang 2 sa unang asawa nya hiwalay n sila,,,at ngayon may ka live-in sya ngayon na may anak din na 3 sa una nyang nka live-in,before po sila mag kakilala ng la2keng ka live-in nya ngyon magulo na po ang relasyon ng la2ke at ng ba2eng ka live-in nya dati, dahil s mga kalokuhang ginawa ng babae umaalis ng ilang araw o buwan ng hndi mn lang ngpa2alam s la2ke basta2 nlng ba2lik kung gusto nya pero tinatnggap prin sya ng la2ke dhl nga s anak nla. Naging magulo po ang pagsa2ma nla nuon dhil lage sila nag a2way at lage inere2klamo ang la2ke s brgy ng wla nmn ksalanan minsan inire2klamo sa pulis yung la2ke dahil sinasaktan ng babae ang sarile nya tas sinasabi nya n yung la2ke ang na2kit s kanya hnggat napagod na po ang la2ke makisama s ka live-in nya gusto n nyang humiwalay pero hndi nya magawa dhil bina blockmail sya ng babae na pag iniwan sya itu2loy nya ang kaso na RA9262. Ang nangya2ri po ang kabaliktaran yung ba2e po ang na2kit s la2ke,wla po mgawa ang la2ke kundi magtiis s ka live-in nya dhil s mga anak at dhl s panm blo2ckmail ng babae,,,,hnggat nagkakila2 po sila ng pinsan ko at nagka palagayn ng loob at nagsama,,iniwan po ng la2ke ang kalive-in nya pro nag su2stento nman po ang la2ke sa mga anak nya.,,isang bgry lng po ang titirhan nla,,ngayon po lage po silang ginugulo ng babae at kung ano2ng pani2ra ang gnagwa ng ba2e s pinsan ko at sinusugod s bahay nla at nangu2lo,,,gusto po ng ba2e n bmalik ang la2ke s knya pro ayaw n ng la2ke dhil s mga kagaguhang pnag ga2gawa ng ba2e,,,at ngayon itinuloy ng ba2e ang kaso nya n RA9262 laban s lalake,,,ititigil lng daw nya yung kaso kung bumalik yung la2ke s kanya,,,Ang tanong ko lng po meron po bang rights pra s mga la2keng inaabuso ng ba2e o meron po bang batas n pwede i-file sa ba2eng kalive-in dati ng la2ke,,,
    sana po maintindihan nyo ang kwneto ko,,,dhil awang awa na po ako s pinsan ko at s ka live-in nya,,,sana po matugunan ang katanungan ko.

    Like

    • Dear Karylle,

      We hope this e-mail finds you well.

      At the outset, we would like to clarify that we are NOT lawyers by profession. The HRonlinePH team is composed of a network of volunteers contributing and sharing their respective expertise in voluntary basis to help us out in maintaining this site. Though we seek legal advice and support from our lawyers-network who are helping out the best as they can to respond to queries concerning legal aspects.

      About your query, “ang tanong ko lng po meron po bang rights pra s mga la2keng inaabuso ng ba2e o meron po bang batas n pwede i-file sa ba2eng kalive-in dati ng la2ke.”

      Our country’s laws are biased against men when it comes to domestic violence or abuse against his wife or live-in partner. A man can only file cases of slight physical injuries against his wife or live-in partner when he gets beaten.

      Your cousin can file a case under the Revised Penal Code.

      There are three kinds of threats under the Revised Penal Code: grave threats (Article 282), light threats (Article 283) and other light threats (Article 285).

      Or he can file unjust vexation based on Article 287 of the Revised Penal Code. “Unjust vexation ang tawag sa kasong maaaring isampa sa isang tao na bagama’t hindi gumagawa ng pisikal o materyal na paglabag ay gumagawa naman ng mga bagay na nakakairita, nakakasagabal at nakakaistorbo sa isang tao (People of the Philippines v. Gozum, C.A. , 54 O.G. 7409).”

      Your cousin can also for civil case for damages based on Article 26 of the Civil Code which states that:

      “Art. 26. Every person shall respect the dignity, personality and privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other reliefs:

      (1) Prying into the privacy of another’s residence;

      (2) Meddling with or disturbing the private life or family relations of another;

      (3) Intriguing to cause another to be alienated from his friends;

      (4) Vexing or humiliating another on account of his religious beliefs, low station in life, place of birth, physical defect or other personal condition.

      He can seek for legal assistance from the PAO (Public Attorneys Office) in your town or city usually located in the Hall of Justice of cities.

      The DOJ Action Center also acts on complaints, requests for assistance and legal queries of walk-in clients of the DOJ. For legal assistance please visit the Department of Justice Action Center (DOJAC) Main Office, Ground Floor, Multi-Purpose Building, Padre Faura Street, Ermita, Manila or visit any Regional/Provincial/City Prosecution Offices in your locality.

      We hope this will help.

      Thank you.

      Regards,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

    • June 13, 2012

      Dear Onins Poloyapoy Yosores,

      I hope this e-mail finds you well.

      The HRonlinePH website is active though we are trying to keep our heads above water to attend to numerous queries and comments sent to us online. The HRonlinePH team is composed of a network of volunteers who are contributing and sharing their respective expertise in voluntary basis to help us out in maintaining the site.

      We hope for your consideration.

      Please let us know of your query and we will respond to it immediately.

      Thank you.

      Regards,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  23. hi atty gud evening po. ask ko lang po kung ano pong first move that i should do in my case. since 1999 po kasi na experienced ko na pong saktan ng husband ko but i did not take necessary actions. last 2007 nung ngyari po ulit yun nag pa medical na po ako, kaya lang po hindi na naman natuloy kasi po sa mga advice po ng iba ofw po kasi sya before. kaya lang po paulit-ulit na lang po. at this march nagyari po when he came back from Dubai since January. nag karoon po kami ng argument and we often had. kaya lang po mabilis po uminit ulo nya and he hit me. katulad po ng suntok, iuntog ang ulo nya sakin atbp pa po. nag pa medical na po ako nun at nag pa blotter sa barangay. nag karoon po ng hearing and pinagkasundo po kami and we had an agreement na pag inulit nya po yun eh pede na po syang hulihin. pinagbigyan ko po sya for the kids kasi po ggraduate ang eldest po namin. lagi ko po syang pinag bibigyan for my kids. sa matgal na panhon po yun. kaya lang po habitual action na po nya at after po ng ngyyari yun eh umaalis po sya ng house w/ his things. last saturday naulit na naman po. minura ako, sinipa, inuntog ang ulo nya sakin kaya lang po ndi po masyadong nakita kasi po alam n din nya ang mangyayari. after that incident he left w/ my cellphone. last monday bumalik po sya at binalik ang cellphone ko, kumuha po ng ilang damit, ang ginawa ko po kinuha ko na po ang mga naiwan nyang iba at hinagis ko n po sa gate sabay close ng door.

    ano po ba nag dapat ng gawin? gusto ko na po makipaghiwalay coz i don’t want to experience it again. now that he wants to settle here in the Philippines and to work here. so pede na po nya harapin ang reklamo ko. i don’t have money for the expenses that will be needed. san po ba pede? ang balak ko po kasi kunin yung pinirmahan naming agreement at punta po ng womens desk. mahabang proseso po ba mangyayari. i want him to support our children yun po importante. ano po ba ang mga possible na mangyari?

    thanks po. i really need an advice…..

    Like

  24. hi Atty: Nagfile po ako ng R.a9262 sa ama ng anak ko..hindi po kami ikinasal..sa Human rights po ako sumbong ..may agreement kami sa CHr sa monthly support at refund sa pag anak ko..hindi po cya tumupad sa monthly support kaya po nka pagfile ako economics abuse..then ngayon po pre trial namin.itatanong ko lang kung pwede ko ba macollect yung refunds sa panganganak ko..dapat po until december yong refund pero na pagfile ako sa violations nya sa monthly last june.sa CHr agreement namin dapat hati kami sa emergency expense like hospitalization..na confine yong baby ko last April..pero hindi po cya ngbigay.. pwede ko ba ma claim yon kahit ongoing pa ang case or pwede ko ba ito idagdag sa case niya ngayon?

    salamat po.

    Gelay

    Like

  25. I do have a male friend who had sexual affair with a 26yrs. girl, he was about to leave the country when the girl broke the news of her early stage of pregnancy she said that she is sure of herself that it was my friend who fathered her unborn child my friend is not quite sure since he is aware that the girl is having affair with her Boss, now that my friend is out of the country working she send him a Complain Under Article 9262, using the text messages as evidence against my friend, there was no statement or so that my friend had promised of marrying her the only thing that my friend said is that if the baby if his then he will not turn his back off from his responsibility, my friend is willing to support the child financially but not to marry the girl. Please advise us for the best thing to do.Thank you.

    Like

  26. Good day po atty…Ask ko lang po.mag 8 years na kaming hiwalay ng asawa ko.Dis year lang po nakita ko na may bago na syang asawa’t anak..Tumatawag ako s akanila at nanay nya nakakasagot at sinasabi an di na dun nakatira ang ex ko..Iniwanan ko ang cp # ko sa kanila para kausapain ako kung ano ang palno nya sa ansk nsmin..1 month p lng ang baby ko ng iwan nya kami.. Mag 8u years old na din po anak ko..gusto ko aksi na humingi ng suporta sa kanya pero sa nakikita ko wla syang plano at parang tinatago pa ng nanay nya un dati kong asawa.

    Ano po ba magandang gawin??Wla akong trabaho..Gusto ko na din na maghiwalay kami..January 2003 kmi kinasal..Nanganak ako ng Sept.2004 at iniwan nya koa t pinagpalit sa iba ng Oct.2004..Eversince di sya nagbigay ng financial support..

    Thanks po sana makuha ko po ang sagot nyo at di ko na alam ang gagawin..San din po ba pwede makakkuha ng abogao na libre.maraming salamat po.

    Like

    • Dear Len,

      We hope this e-mail finds you well.

      You can get free legal service from the Public Attorneys Office (PAO) or you can seek legal advice from the Integrated Bar of the Philippines (IBP) chapter offices which are usually located within the vicinity of a trial court or city where you live.

      We hope this will help.

      Thank you,

      Regards,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  27. Ask ko din po.May kaibigan po ako na nagpasecret marriage.. 18 po sya nun at un babae ay 19. Nun kinasal sila may anak na un babae sa ibang lalaki..At after sila magpasecret marriage ilang buwwan lang ay umalis na un abbae at pumuntas a ibang bansa. Nabalitaan ng kaibigan ko na may anak ulit un babae sa ibang lalaki..

    Un kasal po pla na nangyari sa kanila hindi alam ng mga magulang nila pareho. Ang pumirma daw sa mga witnes ay mga tao lang sa office. Pero nun check ng abbae sa NSo ay may marriage contract po sila..
    Ano po ba ang mgandang gawin?Ayaw n ng kaibigan ko sa babae dahil sa mga nangyari.at nasa Ibang bansa un bbae..Pwede po ba mawalng bisa ang kasal nila kung naging legal at may kopya sa NSO..

    Maraming salamat po..

    Like

  28. What should I do? I was impregnated by my high school schoolmate. We met at our high school outing and he was the one who came to introduce himself to me. So we developed feeling to one another and later had a relationship. When we 1st celebrated our 1 month as BF?GF, he admitted that he is already married. Since I love him so much I accepted that fact even though it hurts me so much. Since I have irregular menstrual period I didn’t know I got pregnant only after 5 months. We bought a pregnancy test to check and the result was positive. I was shocked and I didn’t know what to do. He asked me if I know what to do to solve our problem but I said, I don’t know. Then, he said let’s go to a place where we can buy a medicine to have my mens. I just followed him and then the next thing I know we were at the Quiapo church and he left me there while he was looking for people who would sell him medicine (in short he wanted me to abort the baby by taking the cytotec with instructions on how to use them. He bought it for 5k.) But I didn’t follow what he wanted because I know it’s not right. I was really problematic and stressed at that time. I prayed to God and I chose to give birth to my baby. We’re still communicating but the thing is he would just give support if he has money but sometimes I need to ask him to help me out to some of the baby’s need and it hurts me because if I don’t get angry he won’t give or he would say, “I don’t really have money.” It pains me a lot because when he wanted me to abort the baby without thinking he withdrew 5k in his account but now my baby needs a little help from he won’t give or will just give when he wants. After I had my baby I would always get angry at him every time I remember that. I changed a lot, I hated him so much. The pain is so deep that I wanted to breakdown when he also told me one truth about him that he also got impregnated one of his former workmate at their company before. Now, I’m still in pain because I found out thru FB that he was flirting another girl. I called him and told him, “Ang kapal ng mukha mo. May time ka manlandi ng ibang babae pero un anak ko di mo man lang maka-musta…” Ang sakit-sakit… After all I had been thru nanahimik ako because I don’t want to ruin his family but then he was telling me iba na daw un trato nun asawa nya sa kanya. If I ‘d known it earlier iniwasan ko na sana noon pa… di na sana ako nagkakaganito. Single mom, un kahihiyan n dinadanas ko dahil nabuntisan at un anak ko walang ama, lalong lalo na un kahihiyan at sakit n dinulot ko sa magulang ko. I wanted to sue him RA 9262. Are my reasons valid? Nakatago pa un gamot na binili nya nun sa Quiapo because I don’t know what to do with it. But I decided to keep it just in case I need evidence that he wanted me to kill my baby and inflict physical harm if anything happens to me if I followed his request. Can I sue him with economic abuse, physical abuse, and emotional abuse?

    Like

    • June 13, 2012

      Dear Dhel,

      We hope this e-mail finds you well.

      With respect to custody-support cases over children, it should not be as complicated, but reality makes it so.

      The specific provisions of the Family Code of the Philippines on support can be found in Title VIII, Articles 194 up to 208.

      Articles 195 and 196 of the Family Code enumerate the persons who are under obligation to support each other, thus: (1) The spouses; (2) Legitimate ascendants and descendants; (3) Parents and their legitimate children and the legitimate and illegitimate children of the latter; (4) Parents and their illegitimate children and the legitimate and illegitimate children of the latter; (5) Legitimate brothers and sisters, whether of full or half-blood; and (6) Brothers and sisters not legitimately related, whether of the full or half-blood, except only when the need for support of the brother or sister, being of age, is due to a cause imputable to the claimant’s fault or negligence.

      On the other hand, the amount of support should be in proportion to the resources or means of the giver and the necessities of the recipient, pursuant to Articles 194, 201 and 202 of the Family Code:

      Art. 194. Support comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family.

      Art. 201. The amount of support, in the cases referred to in Articles 195 and 196, shall be in proportion to the resources or means of the giver and to the necessities of the recipient.

      Art. 202. Support in the cases referred to in the preceding article shall be reduced or increased proportionately, according to the reduction or increase of the necessities of the recipient and the resources or means of the person obliged to furnish the same.

      Not everyone knows that this is covered under Republic Act No. 9262, otherwise known as the “Anti-Violence Against Women and their Children Act of 2004“. R.A. 9262 provides for criminal sanctions or penalties for failure to provide support or withholding custody, in certain cases.

      You can file a petition for Protection Order under RA 9262 to compel your husband to give financial support to your children.

      In filing this petition, you can get free legal help from the Public Attorneys Office (PAO) or the Integrated Bar of the Philippines (IBP) chapter offices which are usually located within the vicinity of a trial court or city. You can file the petition with the Family Court of the place where you live.

      Support includes everything necessary for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of your family.

      You can ask for support “pendente lite” (while the case is ongoing).

      The Family Court judge will set the amount of support in proportion to your needs and the resources of your husband.

      In the Protection Order, the judge will direct the employer of your husband to remit the support directly to you and your children.

      If your husband and his employer disregard the Protection Order, you can ask the judge to cite them for contempt of court. The penalty for contempt is imprisonment or fine.

      We hope this will help.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

      • salamat po s inyong advice,ang tanung k lng po cya ay nasa qatar po isang ofw at ako din po isa din ofw,gusto lng po malaman kng may bisa po b ang gagawin kng pag sampa ng kaso s kanya dito po s embassy dito po s saudi thru qatar s kasong R.A. 9262 kasi po ilang beses n po ako humingi ng tulong s atin ahensya s OWWA wala po action kaya naisipan kng d2 nlang po ako magsampa ng kaso s saudi s asawa k,at anu po b ang magandang dapat kng gawin kasi po hirap po ako financial s mga anak k,at 6 year n po kaming hiwalay at nun 2006 pa po.at nun 2008 dun po ako ng ofw din bilang DH po at 2008 at ang mga anak po nmin ay naiwan s mga bianan k.hanggang 2010 at september 2010 po inilipat ng asawa k ang mga anak nmin s kapatid nya at dumating po 2011 ng march pinalayas ng kapatid ng asawa k ang mga anak k,anu po ang kaparusanhan s hipag kng pinalayas nya ang mga anak k.at simula nun march2011 napunta n s akin ang mga anak k at hnd nagbibigay ang asawa k ng sustento,pwede kpo b siyang kasuhan ng cancel ng passport or diportasyon

        Like

      • Dear Dhel,

        Thank you for your comments.

        About your query, we suggest that you seek legal assistance and advice from a lawyer to deal with your current situation. You can also seek assistance from migrant workers’ rights Non-Government Organizations (NGOs) based there in Saudi Arabia.

        We hope this will help.

        Thank you.

        Sincerely,

        Human Rights Online Philippines
        Promotion and Protection of Human Rights in the Philippines
        through Information Resources Online

        http://hronlineph.com/

        Like

  29. may kakilala ako n girl she’s about 23y/o tpos may ex boyfriend fo xia na tinatakot xia n kung di makikipagbalikan ahh ikakalat daw po nya ung nude pics nung girl.. anu po pwede ikaso dun sa ex boyfriend nya??

    Like

    • Dear Gordz704,

      We hope this e-mail finds you well.

      Regarding your question, we have heard about several stories of female nude photos posted in Facebook and other social networking sites. Based on the “Anti-Photo and Video Voyeurism Act of 2009“ (Republic Act No. 9995), there are four general classifications of acts that are prohibited:

      1. Taking photo or video coverage of sexual act, or capturing an image of a person’s private area (genitals, pubic area, buttocks or female breast).
      2. Copying or reproduction of the photo or video of sexual act.
      3. Selling or distribution of the photo or video of sexual act.
      4. Publishing, broadcasting, showing or exhibiting the photo or video of sexual act.

      For more information about the law, please check the link http://jlp-law.com/blog/primer-on-the-anti-photo-and-video-voyeurism-act-of-2009-ra-9995/

      We hope this will help.

      Thank you.

      Sincerely,

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  30. Dear Dhel,

    Thank you for your comments.

    About your query, we suggest that you seek legal assistance and advice from a lawyer to deal with your current situation. You can also seek assistance from migrant workers’ rights Non-Government Organizations (NGOs) based there in Saudi Arabia.

    We hope this will help.

    Thank you.

    Sincerely,

    Human Rights Online Philippines
    Promotion and Protection of Human Rights in the Philippines
    through Information Resources Online

    http://hronlineph.com/

    Like

  31. Dear HROP.,
    My mom and dad were already annulled since 1996 (my mom wasn’t aware that their marriage got annulled until this letter was delivered to our house n 1996. ). I still have the annulment papers with me and the decision states that both parties should give joint support to their child BUT unfortunately, my dad never gave me anything. My dad was based in Geneva, Switzerland during those times and he was living with his mistress. They stayed there for good and I never heard from them since. the left the country in 1990. It was year 1999 when I went to my dad’s hometown in Bulacan to ask some of my relatives if they still have any news about my father and they gave me his mobile number. I immediately called him and told him that I was really looking for him. He gave me his email address and we send emails to each other every now and then but child support NEVER came up. My questions are:
    1. My dad never gave me child support when I was still a minor. Can I still ask my father to give me financial support even though I am already 25 years old or can he just pay my mom to compensate for all the years that he never showed up. My mom was asking him to provide child support when I was still a minor but he never provided me anything.
    2. Dad filed an annulment and mom was never informed that there was an annulment filed at Branch 106 of QC. Isn’t it illegal to grant an annulment without hearing the side of the defendant?
    3. My mom worked as an OFW for almost 5 years and she sends all her earnings to my dad but my dad ran away with his mistress and Switzerland served as their “hide out” with my mom’s hard earned money. My mom was left with nothing. My mom was devastated and she doesn’t have enough earnings before to file any civil case against my dad during those time. Can we still file a case against him and his mistress?
    4. What civil cases can we file against my father for neglecting us—- his own family for almost 22 years? I know his whereabouts now and I would like to take some actions against him. Can a child file a case against his father?

    6. My dad told me that he was earning 350k a month in Switz and he has a lot of businesses here in our country. He’s bragging these things to me but never gave me a single cent. How many percentage can a child get in his father’s earning for the child support? I know his whereabouts now that’s why I’d like to talk to him and file a case against him while he’s here for a vacation.

    hoping to get a reply from you.. Thank you so much and more power to you.

    -DGBarker

    Like

  32. I need an advice regarding my withdrawn case under Ra 9262, I filed a case against my husband due to physical abuse, he did it because of the false statements given to him by his mother and sister ( in short tsismiss) to cut the story short , I agreed to withdraw my case as long as his family members would comply to our compromised agreement which is 4. That the Second Party / Respondent and his family members are not allowed to loiter around the First Party’s premises within 50 meters to avoid any future conflicts. but as time passes his family members tend not be following the said agreement,and I heard that his family members are planning to reside on the same barangay where I live, what actions should I do, since his family members are causing too much? hoping for your respond….. Thanks and more Power

    Like

  33. hello,
    Ang tiyahin ko ay may anak na ayon sa Psychological test na isinagawa ng Mental Hospital ay may pag iisip na kahalintulad ng isang 4 years and 9 months na bata bagama’t siya ay 32 taong gulang na. Nagkaroon po ng kaso na nakafile na at under preliminary investigation na nagsimula dahil lang sa nagbunot siya ng halaman sa covered court ng aming lugar, hinabol siya, binugbog sa loob ng kanilang tahanan at nagbanta ang 4 na taong sangkot po sa kaso. Nagdemanda po ang tiyahin ko ng Physical Injury, Trespassing at Threat. Noong panahon po na iyon na magulo ang isip ng tiyahin ko dala ng sobrang takot sa nangyaring gulo kasi noon lang nila naranasan na magkagulo ng ganun, kaya HINDI na nya napamedical ang anak niya bagkus dumiretso sila sa Mental Hospital dahil iyon ang sinumbong ng kanilang mga nakalaban na ang anak daw niya ay baliw at kailangang madala sa mental hospital. Nakasampa na po ang kaso subali’t pinapalabas ng mga sangkot sa kaso na walang ebidensya na magpapatunay na ang anak niya ay binugbog dahil walang mailabas na medico legal. Pero nakuha po ang resulta ng Psychological test mula sa Mental Hospital. Ang anak po niya na may batang pag iisip ay naikukuwento ang naranasan niyang pambubugbog. Sinabi po ng anak niya na binato daw niya ang bantay ng halaman sa court dahil minura daw siya dahilan para habulin siya at mabugbog hanggang sa loob ng kanilang bahay. Ang testimonya po ba ng anak ng tiyahin ko ay sapat na ebidensya na kasama ng Psychological Test na galing sa Mental Hospital? Masyado po kasing minamaliit ng mga respondent ang tiyahin ko dahil sa hindi lingid sa kanila na illiterate ito at iniisip na walang kakayahan na maipagpatuloy ang kaso. Sana po ay masagot ninyo ang aking katanungan para naman po mabigyan ng lakas at tatag ng loob ang mga biktima na makamit po nila ang hustisya na para sa kanila. Maraming Salamat Po at Mabuhay po Kayo.

    Like

  34. We, our family needs an assistance…
    Ano po ba yung pinakamabigat na pwede ko isampa na kaso againts my sister’s ex bf? Nanggugulo sila ng pamilya nila sa pamilya namin. Before mga post sa FB tungkol sa mother namin na immoral daw just because nagkaroon ng pangalawang asawa ang nanay ko pagkatpos siya iwan ng tatay ko. My sister’s ex-bf even accusing my mother a puta na magkakaiba daw kami ng mga ama at walang maipalamon samin (exact words that he texted me) minumura din niya kami sa text. Stored lahat ng mga recent text niya sken specially yung pagkakatext niya na ugaling pokpok daw ako at ang nanay ko ay puta (sorry for the term). Unfortunately we were not able to screen capture the messages posted on FB.
    Nung una family nia nangugulo. Nagtetext sila ng nagtetext ng kung ano ano which is nung mga ilang beses ay hindi namin pinapatulan. Until they humiliated our family.
    Emotionally nakakaapekto samin. Nagumpisa lahat after ng panggugulo nila after makuha namin ang custody ng bata (my sister’s 1yr old daughter from her ex-bf) after filing complaint sa PAO. Yung complanint nakuha sa pakiusapan pero ngayon naggugulo sila at kung ano anong humiiation sa pamilya namin ang sinasabi nila and even yung iba ko pa kapatid nadadamay.
    Please give us advise because it is very unhealthy napo on our part. Titigil sila for a while pero after a week or so naggugulo na naman sila using prafanities and so on…

    Like

    • Dear JL jlgb.12345@yahoo.com

      Thank you for your e-mail. We hope this e-mail finds you well, and that everything is going well with you, and your family.

      At the outset, we would like to clarify that we are NOT lawyers by profession. The HRonlinePH team is composed of a network of volunteers contributing and sharing their respective expertise in voluntary basis to help us out in maintaining this site. Though we seek legal advice and support from our lawyers-network who are helping out the best as they can to respond to queries concerning legal aspects.

      Republic Act (RA) No. 9262 or otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004” refers to “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 sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.”

      It includes, but is not limited to, “Physical violence” refers to acts that include bodily or physical harm.

      “SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: xxx

      (e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct: Xxx

      (1) Threatening to deprive or actually depriving the woman or her child of custody to her/his family;

      (2) Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;

      (3) Depriving or threatening to deprive the woman or her child of a legal right;

      (4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;

      (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:

      (1) Stalking or following the woman or her child in public or private places;

      (2) Peering in the window or lingering outside the residence of the woman or her child;

      (3) Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;

      (4) Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and

      (5) Engaging in any form of harassment or violence;

      (i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

      About your sister’s current situation based on RA 9262, the law allows you to secure barangay protection order and/ or temporary or permanent protection order from the courts (Section 8). You can also file an independent civil action for the damages and criminal action for the violation of RA 9262.

      The provisions of RA 9262 on protection orders are discussed below in question and answer format.

      What is a protection order?

      Section 8 of RA 9262 defines “protection order” as an order issued for the purpose of preventing further acts of violence against a woman or her children specified in Section 5 and granting other necessary relief.

      The provisions of the protection orders must be enforced by law enforcement agencies.

      What are the different kinds of protection orders under RA 9262?

      The three kinds of protection orders under RA 9262 are:

      1. BPO (Barangay Protection Order);

      2. TPO (Temporary Protection Order) issued by the court; and

      3. PPO (Permanent Protection Order) issued by the court.

      What are the purposes of a protection order?

      The reliefs granted under a protection order are for:

      [1] safeguarding the victim from further harm,

      [2] minimizing any disruption in the victim’s daily life, and

      [3] providing the opportunity and ability of the victim to independently regain control over her life.

      What are the reliefs or remedies under a protection order?

      The protection orders that may be issued under Section 8 of RA 9262 include any, some, or all of the following reliefs:

      [a] Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;

      [b] Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;

      [c] Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose or protecting the petitioner, or permanently where no property rights are violated, and if respondents must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;

      [d] Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;

      [e] Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongings;

      [f] Granting temporary or permanent custody of a child or children to the petitioner;

      [g] Directing the respondent to provide support to the woman 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 for the same to be automatically remitted directly to the woman.

      Failure to remit or withhold or any delay in the remittance of support to the woman or her children without justifiable cause will render the respondent or his employer liable for indirect contempt of court;

      [h] Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply fore any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on the matter;

      [i] Restitution for actual damages caused by the violence inflicted, including but not limited to, property damage, medical expenses, childcare expenses and loss of income;

      [j] Directing the DSWD or any appropriate agency to provide what the petitioner may need; and

      k] Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

      Any of the reliefs provided above shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

      Is it only the woman-victim or her children who can ask for the issuance of a protection order?

      No. Violence against women or their children is considered as a public offense under Section 25 of RA 9262. Section 9 of RA 9262 enumerates the persons, besides the woman or her children, who can file the petition for a protection order. These persons are:

      1. parents or guardians of the offended party;

      2. ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;

      3. officers or social workers of the DSWD or social workers of local government units (LGUs);

      4. police officers, preferably those in charge of women and children’s desks;

      5. Punong Barangay or Barangay Kagawad;

      6. lawyer, counselor, therapist or healthcare provider of the petitioner; or

      7. at least two concerned responsible citizens of the city or municipality where the violence against women and their children took place and who have personal knowledge of the offense committed.

      If you file your case or seek protection from Barangay, the following are the steps to be taken by barangay officials in handling Violence Against Women and Children (VAWC) cases:

      Under Sec. 47 of the IRR of R.A. 9262, the Barangay Officials shall strictly observe the following steps in handling VAWC cases at the Barangay level:

      a) Upon being informed of an act of VAWC, the barangay official shall immediately verify the information. If necessary, said official shall seek the assistance of the police;

      b) Respond immediately to a call for help or request for assistance or protection of the victim-survivor by entering the dwelling whether or not a protection order has been issued and ensure the safety of the victim-survivors;

      c) Interview the victim-survivors and the witnesses to determine the facts,and inform the victim-survivors of their rights and remedies. To preserve the testimony of the victim-survivor and the witnesses, said official should document the interview in writing or record the testimonies by audio or videotape with the consent of the victim-survivor;

      d) Arrest the perpetrator even without a warrant when any of the acts of violence is occurring, or when said barangay official has personal knowledge that any act of abuse has just been committed, and in the presence of imminent danger to the life or limb of the victim-survivor. The barangay official shall confiscate any deadly weapon in the possession of the perpetrator or within plain view;

      e) Transport or escort the victim-survivor to the nearest hospital, or available medical facility for treatment and medico-legal examination. Said official shall assist the victim-survivors to secure the medico-legal report;

      f) If the perpetrator is not immediately arrested, advise him or her to temporarily leave the house to prevent violence, or encourage her/him to go to the barangay center, DSWD, LGU or NGO, church or other groups that provide counseling for perpetrators;

      g) In the event that the victim-survivors have to be placed in a shelter or a safe place of their choice, the barangay official shall assist them in taking their personal belongings and taking their children and transfer them to a shelter or safe place;

      h) Report the incident and refer the victim-survivor to the Local Social Welfare and Development Office of the LGU within four (4) hours from the time of reporting. Said official shall also report the incident to the Women and Children’s Protection Desk at the nearest Police Station within the same period;

      i) In cases where the victim-survivor applying for a Barangay Protection Order (BPO) is a minor, any barangay official shall assist the victim-survivor and shall refer her/him to NGOs, social workers for counseling, temporary shelter and other support services;

      j) Monitor compliance of the respondent with the BPO;

      k) Ensure the safety and continued support to the victim-survivor and her family during the 15-day period;

      l) Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Children’s Protection Desk or other law enforcement agencies;

      m) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Children’s Protection Desk;

      n) Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of the victims;

      o) Shall not attempt to influence the victim-survivor to abandon her claims; and

      p) If the relief requested or applied for involves the failure to provide support to the woman or her children, especially for their education and medical needs, the Punong Barangay or in his/her absence, any Kagawad, shall call the respondent for counseling and explain to him his legal obligations to support his wife and/or minor children. This shall not be construed to mean as a mode of conciliation or mediation and must be done only with the presence of the respondent, without the victim-survivor or applicant.

      Note: Any barangay official or law enforcer who fails to report the incident of VAWC to the PNP shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

      IMPORTANT REMINDERS IN THE ISSUANCE OF BPO’s

      The Punong Barangay or Kagawad shall assist the victim-survivor/ petitioner in any application for a BPO.

      The ex parte determination on the application for a protection order shall have priority over all proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order. (Sec. 20, R.A. 9262)

      The application for a BPO is an ex parte proceeding, which means that no notice and hearing need be given to the respondent.

      The Punong Barangay or kagawad, law enforcers and other government agencies shall not mediate or conciliate or influence the victim-survivor/petitioner for a protection order to compromise or abandon the relief sought. Otherwise, they shall be held administratively liable. (Sec. 33, R.A. 9262)

      BPOs shall be effective for fifteen (15) days. It is not extendible.

      The application for and issuance of a BPO is free of charge.

      The logbook (record of all VAW cases) is confidential and must be kept from the public especially the media.

      The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court: “VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW.” (Sec. 17, R.A. 9262

      Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed. (Sec. 21, R.A. 9262)

      Sec. 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined,any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom. (R.A. 9262)

      CONFIDENTIALITY

      Sec. 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court.

      Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00). (R.A. 9262)

      Section 16. Violation of a Barangay Protection Order.

      A complaint for a violation of a BPO issued under the Act must be filed directly with any Municipal Trial Court, Metropolitan Trial Court, or Municipal Circuit Trial Court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

      A complaint for a violation of a BPO shall be initiated by the Punong Barangay or Kagawad who issued the BPO and if he/she is no longer in office or is incapacitated, a complaint for a violation of the BPO may be filed by any barangay official. It shall be the primary responsibility of these barangay officials to initiate complaints for violations of BPOs.

      In the event that the Punong Barangay or Kagawad or barangay official referred to in the preceding paragraph refuses to initiate a complaint for a violation of a BPO, the victim-survivor/ applicant shall have the right to file such complaint, without prejudice to the right to file appropriate administrative, civil or criminal action against the barangay official concerned. (IRR of R.A. 9262)

      If the barangay issued a BPO, will this prevent the woman-victim or her children from going to court and asking for a TPO or a PPO?

      The issuance of a Barangay Protection Order or the pendency of an application for BPO does not prevent a petitioner from applying for, or the court from granting a TPO or PPO.

      What is a Temporary Protection Order (TPO)?

      Section 15 of RA 9262 defines a TPO as the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued.

      Ex parte determination means that the offender does not need to be notified of the hearing or to be present during the hearing for the issuance of a TPO.

      What can the court provide for in a TPO?

      A court may grant in a TPO any, some or all of all the reliefs mentioned in Section 8 of RA 9262. The TPO is effective for thirty days. The court must schedule a hearing on the issuance of a PPO on or before the date of the expiration of the TPO.

      The court must order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO must include notice of the date of the hearing on the merits of the issuance of a PPO.

      What is a Permanent Protection Order (PPO)?

      Section 16 of RA 9262 defines “Permanent Protection Order” (PPO) as the protection order issued by the court after notice and hearing.

      While a TPO may be decided ex parte, notice to the alleged offender and due hearing are necessary for the issuance of a PPO.

      What if the offender refuses or fails to appear during the hearing for the issuance of a PPO?

      The alleged offender cannot frustrate justice by refusing or failing to appear during the hearing. RA 9262 provides for the following:

      [1] Respondent’s non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO.

      [2] If the respondent appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing.

      [3] In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented.

      What should the copy of the protection order contain?

      Section 17 of RA 9262 provides that the following statement must be printed in boldfaced type or in capital letters on the protection order issued by the Punong Barangay or Court: “VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW”

      What will happen if the barangay or the court fails to observe the periods mentioned in RA 9262?

      Section 18 provides that failure to act on an application for a protection order within the prescribed period without justifiable cause will render the official or judge administratively liable.

      What if the barangay council or the judges are busy with other matters?

      Section 20 provides that application for a protection order must have priority:

      [1] Barangay officials and the courts must schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

      [2] Ex parte and adversarial hearings to determine the basis of applications for a protection order under RA 9262 must have priority over all other proceedings.

      What if the barangay issued a BPO but the woman’s intimate partner violates it by inflicting harm or threatening the woman and/or her child?

      Under Section 21, violation of a BPO is punishable by imprisonment of thirty days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

      [1] A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO.

      [2] A judgment of violation of a BPO may be appealed according to the Rules of Court. During trial and upon judgment, the trial court may on its own issue a protection order as it deems necessary without need of an application.

      What are the consequences if a TPO or a PPO is violated?

      Violation of any provision of a TPO or a PPO issued under this Act constitutes contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

      What consequences, if any, are there if barangay or police officials refuse to act on a complaint filed by an abused woman or her children?

      Any barangay official or law enforcer who fails to report the incident is liable for a fine not exceeding ten thousand pesos or whenever applicable criminal, civil or administrative liability.

      Are complaints for violations of RA 9262 covered by the barangay justice system, or by mediation and conciliation?

      No. Section 33 provides that the following are prohibited acts:

      [1] A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order must not order, direct, force or in any way unduly influence the applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under RA 9262.

      [2] Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 do not apply in proceedings where relief is sought under RA 9262.

      [3] Failure to comply with this Section will render the official or judge administratively liable.

      We hope that we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on appreciation of the facts you provided us with.

      You can get free legal assistance from the Public Attorney’s Office (PAO) or you can seek legal advice from the Integrated Bar of the Philippines (IBP) chapter offices which are usually located within the vicinity of a trial court or city where you live.

      You can seek help from the following:

      1. Department of Social Welfare and Development (DSWD)
      Crisis Intervention Unit (CIU)
      Rehabilitation Unit Tel. No.: (02) 734-8635
      NCR Ugnayang Pag-asa, Legarda, Manila
      Tel. Nos.: (02) 734-8617 to 18

      2. Philippine National Police (PNP)
      Women and Children’s Concern Division (WCCD)
      Tel. No.: (02) 723-0401 loc. 3480
      Call or text 117 (PATROL 117)

      3. National Bureau of Investigation (NBI)
      Violence Against Women and Children’s Desk (VAWCD)
      Tel. Nos.: (02) 523-8231 loc. 3403

      4. Public Attorney’s Office (PAO) Women’s Desk
      Tel. Nos.: (02) 929-9010; 929-9436 to 37

      5. Philippine General Hospital (PGH) Women’s Desk
      Tel. Nos.: (02) 524-2990; 521-8450 loc. 3816

      6. Women’s Crisis Center
      Women and Children Crisis Care & Protection Unit– East Avenue Medical Center (WCCCPU-EAMC)
      Tel. Nos.: (02) 926-7744; 922-5235

      7. KALAKASAN
      Tel. Nos.: (02) 735-5555
      email: kalakasan@gmail.com

      Thank you.

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  35. gud am po,ask ko lang po bout sa status ko.
    nabuntis ko po ang x gf ko noong 2006,then now po 2012 hihingi po sya ng sustento pra sa bata.tinatakot nya ako na magfifile daw sya ng case laban saken.
    may asawa at anak na po ako ngayon.
    ano po dapat ko gawin?
    salamat po. XXX

    Like

  36. Is it possible to file a case here in the Philippines against my husband (violating RA9262) even he is working abroad? he is an OFW right now. Is it possible to blocklist him or deport him from working overseas because of what will I file against him?

    Like

    • Dear Alexa aexala@yahoo.com

      We hope this e-mail finds you well.

      Regarding your question on Republic Act No. 9262 or otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004”, what specific offense based on the said law do you intend to file against your husband?

      Yes you have the option to file a case against your husband if you suspect him that he violates certain provisions of RA 9262 here in the Philippines. Kindly bear in mind that we cannot take cognizance of the same if the crime was committed by your husband abroad.

      However, the deportation is only effective in cases where the court has issued already a warrant of arrest. Kindly check the link and read the news http://www.philstar.com/Article.aspx?articleId=682259

      Based on legal experts, “it bears stressing that one of the characteristics of our penal law is territoriality. This means that our penal law is applicable only and can be enforced only to crimes committed within the Philippine territory except as provided in the treaties and laws of preferential application.”

      We remind you, however that the court in which you file the case should obtain jurisdiction over the person of your husband in order for the case to prosper. This simply means that your husband should be able to receive the summons in order for him to file an answer to the case filed against him. If your husband will not be able to receive the summons because he is out of the country then the above mentioned cases will be put to archive though they may be revived upon return of your husband to the Philippines.

      In the meantime, we deem it proper for you to also seek the assistance of our Department of Foreign Affairs (DFA) which is located at 2330 Roxas Blvd., Pasay City. The DFA is the agency of our government which has the power to communicate with the government of the country where your husband is working. It may be possible for the DFA to assist you.

      Likewise, if you know the physical address and contact details of the recruitment agency and employer of your husband, you can also bring this to their attention and seek their assistance.

      We hope that we were able to enlighten you on the matter. Please take note however, that all the information contained herein are based on appreciation of the facts you provided us with. We advised you to seek legal assistance from the Public Attorney’s Office (PAO) in your municipality or city usually located in the Hall of Justices.

      Thank you.

      Human Rights Online Philippines
      Promotion and Protection of Human Rights in the Philippines
      through Information Resources Online

      http://hronlineph.com/

      Like

  37. My girlfriend was punched in the face by his brother with no valid reason at all after beating up her younger brother. it happened an hour earlier i just want to ask what should we do in order to stop this. for me there is no reason for a man to hit a woman regardless whether your family or not. we’re planning to go to the brgy for assistance but sad to say we are not that familiar on what we should do in these types of situations. She said we should try getting medico legal i plan to do it tomorrow but where and how much? and then what to do after? i just want to know what could be done to prevent this from happening again.

    Thank you.

    Like

  38. Tanong ko po yung kapatid ko kasi sinampahan ng kaso ra 9262 na naipasa na sa kortr pero yung babae ay gusto ng iatras yung kaso ano po ba ang dapat namin gawin kasi yung pulis ay hinihingan kami ng 30,000 pesos para daw pambayad sa piskal ..

    Salamat po

    Like

  39. How long does this case usually last? and what’s the probability of winning this case in my favor?

    my legal husband filed an annulment case, and we were, for several times, at the verge of arriving at a compromise agreement in favor of my son’s future. however, every time they would just have to sign the agreement papers, they (my husband with the family) would change their minds. in effect, my husband has not given support to my son for 6 months now. Because of this, I thought of filing VAWC for abandonment and withdrawal of financial support to my child. In this regard, do you think this would flourish? I do not have much budget coz I am saving up for my son’s education, but I would really like to pursue the case also for my son’s benefit.

    By the way, my husband wanted to leave me when I was 7 months pregnant with our second child; the first was a miscarriage. He wanted to leave just because he isn’t done living a bachelor’s life yet and because he did not want to help me out with my original family’s financial issues. It was such a devastating time for me because i had a complicated pregnancy then that I was bedridden all throughout until i gave birth. he was not even around when i was brought to the hospital. he only stayed in the hospital, if my memory serves me right, just for a day. it was my family who took care of me. i had to endure 2 months of thinking about why he suddenly wanted to leave me. i suspected a third party, which of course, he denied. I begged for him stay, but he did not listen.

    Now, he leaves me no choice but to file VAWC against him. I would appreciate your advise on this to enlighten me, encourage me, or discourage me or what not. Please.

    Thank you very much.

    Like

  40. Helo po. my husband has been working in dubai for 3 years now & was able to spend a 1-month vacation here with us in the philippines for 2 consecutive yrs na. We have a daughter & he sends us 1/5 of his salary every month. may i ask po kung ano ang ppwed kong gawin against sa kanya & sa mistress nya na ofw dn doon because she has been texting me with threats that she will not let go of my husband & will even let herself to be pregnant. She is also posting pictures of them clinging w/ each other on social networking sites that all our common friends can see. I still want my husband back for the sake of our daughter. What should i do? please help… thank you so much..

    Like

  41. married ako for 25yrs ,2005 ng sumama kami ng mga anak ko sa trabaho ng asawa ko dito sa probinsya. kaya lang 2007 nawalan sya ng work dito kaya nagpasya syang umuwi nalang sa bahay namin sa maynila. pero mas pinili ko manirahan dito kc nagkaron ng scholarships ang mga anak ko sa isang pribadong paaralan dito na kahit sa pngarap ay di ko akalaing mangyayari sa mga anak ko! nakiusap ako sa asawa ko na sana kahit malayo kami, maunawaan nya na para din sa mga anak namin ang gusto ko. pumayag naman sya, kaya lang ang sabi nya wag namin syang asahan kasi nga kami ang may gusto dito, so magtiis kami! napakabuti naman Dyos saming magiina,.. nakatapos ang pangalawa kong anak ng kolehiyo nung 2010 (maaga nagasawa ang panganay ko kaya 2ng anak ko nalang ang kasama ko dito) at ngayon nasa 3rd yr college na ung bunso ko. at tulad ng sinabi noon ng asawa ko, talagang pinabayaan nya na kami, actually, meron naman syang binibigay kahit paisa isang libo, 200, 300 etc minsan isang buwan 2ng buwan, nagpupunta din sya dito o di kaya kami kapag bakasyon ang bata lumuluwas kami ng maynila. nagtitiis ako kc alam ko pasasaan bat makakatapos din ang mga anak ko. pero nung isang taon nakatanggap ako ng balita buhat sa maynila na may kinalolokohan ang asawa ko. sa akin parang ayos nalang kasi nga alam ko maaaring mangyari yung ganun dahil malayo kami sa isa’t isa, kaya lang parang unfair naman sa mga anak ko, kasi kahit d nya kami sinusuportahan ng maayos, pinalaki ko ang mga anak ko na may respeto at pagmamahal sa kanya. kaya ng malaman ng mga anak ko mga kahihiyang ginagawa nya sa lugar namin sa maynila, nagbreakdown ako. d dahil sa sama ng loob sa ginawa nya, kundi dahil nakita ko kung pano umiyak ang mga anak ko sa mga ginawa nya! pero kinaya ko pa rin, kasi ang iniisip ko ang mga anak ko. pinakiusapan ko sya na kung talagang d ko sya mapipigilan, kahit respeto nalang ibigay nya sa mga anak ko. adik yung kabit nya me asawang adik din, at me mga anak. iniisip ko baka adik na din sya kaya siguro nagagawa nya ang mga kahihiyang ginagawa nya. pero d daw sya adik sabi nya. foreman ang asawa ko, 600psos ang ordinaryong sahod nya kada araw depende sa amo nya. sabi ko sa knya kung dko sya mapipigilan, kahit suportahan nya nalang ang bunso ko dahil nung matapos ng highschool dun sa school na pinasukan nya, tapos na din ang scholarship nya. kaya pinagtutulungan nalang namin nung dalaga ko na pagaralin yung bata. kaso mas matigas sya ngayon, kinaya ko daw nun bat ngayon dko makaya? nakakagalit! pero iba na kasi ngayon, noon kinaya naming magiina kasi kailangan, pero iba na ngayon dba. pinamimigay na nya sa ibang tao yung para sa mga anak ko! puro pa kahihiyan binibigay nya samin na pamilya nya. ano po ang dapat kong gawin? makakasuhan ko ba sya? sana ay mapagpayuhan nyo ako. maraming salamat

    Like

  42. Gud day po, gusto ko po malaman kung ano at paano po ako makakapag file ng legal para sa sustento po ng anak ko. Hiwalay na po kami ng asawa ko, may isa po kaming anak, wala po syang trabaho ngayon, pero may mga pinagkukunan naman po sya ng income. Normal po sya at wala po syang disabilities kaya wala pong rason na hindi sya makapgtrabaho. Di naman po diba tama na di sya magtrabaho para wala ako mahahabol na sustento. Sana po masagot nyo ang katanungan ko. Marami pong salamat at more power po

    Like

  43. Just an inquiry about RA 9262 ?, I find this RA to be really helpful to the abused women & children however some clever minded women with negative intentions use this RA to seek refuge after committing wrong doing then use false allegations against thier partners.

    Seaman po ako & currently I’m facing an RA 9262 case against me, but looking back yrs ago, nahuli ko po misis ko na may ka chat na foreingner 2 yrs ago ( 2010 ) hiningi ko yung password niya para makita ko kung anong pinag-uusapan dahil may duda na ako sa kanya kasi noong 2008 ( nawala nang halos 1 month dala niya mga bata pero di nag paalam sa akin off pa ang cell phone) ayaw ibigay dahil wala naman daw siyang masamang ginawa, nag karon kami ng pagtatalo hanggang sa ma bog-bog ko siya.
    maraming reasons pa kung bakit ko siya nasaktan nung time na yun.
    After sa incident nag usap kami sa barangay at nag usap kami para maisaayos na lahat humingi ako ng tawad at pumirma na hindi ko na uulitin after 2 days umalis ako para mag trabaho uli, tapos last 2011 nawala nanaman siya for 2 weeks umuwi lang ng 2 days nawala naman for another 2 weeks, tapos nitong Jan 2012 lang nag file siya ng RA 9262 laban sa akin sinama pa niya mga bata sa case laban sa akin, may arrest warrant na daw ako pero sabi niya na para hindi raw niya ituloy ang kaso mag-file daw ako ng annulment,
    Alam ko somewhere in between masama na talaga sa una pa lang ang intensyon niya, kindly advise kung anong magandang hakbang na gagawin.
    Maraming salamat po, and more power sa inyo.

    Like

  44. Good day po mag ask lang po ako ng advice , kc matagal ko na po tinitiis ang hindi magandang trato ng asawa ko sa akin, siya po kasi ay talagang isang talamak na womanizer, 1990 po kami kinasal at may 4 na kids, 2 yrs pa lang po kami nakakasal talagang nambabae na sya til maisip ko na mag abroad na lang nung 2004, natira ako sa amerika ng 8 yrs at ako ang nag support sa pag-aaral ng anak kong panganay, taong 2009 nalaman ko sa anak ko habang nasa amerika ako na sya pala ay nire rape ng ama nya kaya nagpasya ako papuntahin ang anak ko sa ate ko at para maging safe sya , habang nandun pa ko sa amerika, minsan ang asawa ko ay nagtetext sa akin na tawagan ko sya at ginagawa ko naman , madalas sinasabi nya na umuwi na lang ako at asikasuhin na lang ang mga anak ko, may sinabi pa sya nuon na suswelduhan daw nya ako at ibibigay nya ang sahod nya sa akin, kaya naman kahit may magandang trabaho ako at sahod sa amerika sa kadahilanang gusto ko din maalagaan na lang mga anak ko ay umuwi na lang ako last august 2011, pag dating ko dito ay hindi nya tinupad ang pangako nya sa suswelduhan nya ako , kahit nasa isang bahay lang kami hiwalay po kami ng rooms, recently lang nalaman ko na pinagtatangkaan nanaman nya na ma rape ang panganay namin kaya napag-isip ko na wala kaming katahimikan dito sa sarili naming bahay, kaya naisip ko na aalis na lang kami dito sa house namin pagkatapos ng school ng bunso kong anak na babae dahil kailangan dalhin ko din po sya kasi delikado nga po kung iiwan ko sya, mag 10 yrs old lang po sya sa february, para po makaiwas sa iskandalo ay naisip ko na lang na ilayo dito ang mga anak kong babae dahil lagi po kaming natatakot tuwing gabi kapag nandito sya sa house kc nga po demonyo na pag-iisip nya na gusto nya uling halayin anak namin na panganay, gusto ko po sa pag-alis namin ay humingi sa kanya ng financial support dahil nawalan naman na po ko ng work dahil na rin sa panagako nya na bibigyan nya ko ng sahod basta umuwi lang ako, at mag-alaga sa mga aank namin, minsan po may pagkakataon na minumura ako nya na kesyo patabaing baboy daw kami ng anak kong panganay , minsan cnasabi nya sa akin na bobo at tanga ako , at kung anu ano pang mura sinasabi nya, papano po ba ako makakahingi ng financial support na kailangan ay makahingi ako ng court order na ipapadala sa kumpanyang pinapasukan nya para automatic na po na deduction sa sahod nya para po siguradong makatanggap kami ng support, pwede po ba un na mag ask ako ng libreng atty upang masulatan ang asawa ko na kailangan nya mag support financially at kung hindi ay pagsasampa ako ng ra 9262. balak ko na po umalis sa haus kasama mga anak ko babae by summer 2013 para po tapos na school ng bunso ko babae, tulungan nyo po ako, wla po ako work at kailangan ko at libreng atty po. hindi po nya ako binibigyan ng allowance ko kc pamalengke lang ang binibigay nya. gusto ko po malaman ang hakbang na dapat kong gawin , hindi ko rin gusto mawalan sya ng work kc nga po sya ang nagpapa- aral sa mga anak ko at sa pag-alis namin maiiwan ang 2 boys ko na anak at ung isa ay mag 13 yrs pa lang at mag 20 yrs old naman ang isa.Please help po, wait ako ng replyy nyo sa email ko po.

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  45. Atty. Ask ko lang po kung saklaw po ba ng RA 9262 ang kaso para po sa kapitbahay na lagi nalang nanggugulo, lalo na pagnalalasing siya. kase po nung una byanan ko na babae sumunod yung lalake parehong senior citizen na po mga byanan ko, at kanina lang po ako naman, 31 years old na po ako, may 1 anak na 10 mos. dayo lang po ako dito sa lugar ng Asawa ko sa Cagayan. Sabi ng mga kapit bahay ugali na daw nya un kahit noon pa, kya gumagawa na lang sya ng storya para maaway nya, ung mga nakakaaway nya binabalewala na lang, nagsumbong na po ako sa barangay at pinuntahan naman siya kanina, pero disidido po ako na kasuhan sana sya para di na lang nya ulitin ang ginagawa nya. ano po ba maaari kong gawin, kase kaninang nagwawala siya pinalalabas nya ko ng bahay at pupukpukin daw mukha ko, tinawag pa nya ko na baboy dahil sa mataba ako. gusto ko po sana na ako na huli sa pamilya ko na awayin nya.

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  46. Have a nice day.asks ko lang po kung pwede ba ako magfile ng case s saudi embassy dahil nlaman ko nagconvert s muslim asawa ko at ngayon ay kinasal n raw islam .kasal kami s riyadh pero bkit wala po record s nso?valid po b kasal nmin .slmat po

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  47. atty. ask ko lang po kung pwede ko i-file ng sabay ung protection order under ra 9262 for financial support at ung psychological violence under ra 9262 for repeated marital infidelity and verbal abuse? and saan po ako pwede mg file ng article 26 of civil code against sa mistress ng husband ko?

    Like

  48. goodmorning, i would like to ask if i can file against a person whose tweets are libelous against me, I have a disease and she bullies me on a site, she also said that i went to motel with my boyfriend just to be treated some foods,which is not true. i was traumatized about this. i am a private person but i cannot do anything to stop her. please help me. i wanted to file a case against her.

    Like

  49. gud day! im seeking legal advice po, i have a friend (male) who got a girl pregnant but no plan of marrying her, 1 time the girl went to his place and provoke him. they got into a fight and my male friend physically assaulted her. now the girl file a case against my male friend under ra 9262. they did however talk and the girl said she will not pursue the case if my male friend’s family will apologize to the girl’s family. im asking if ano po dapat gawin ng male friend ko. they are suspecting that the girl’s family will use the case para paksalan ung girl and my male friend doesnt wanna do that. any piece of advice?

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  50. I need advice on my situation. I have been married for 17 years, with three children ages 17, 16, & 6. Most of my married life, my husband maintained a bachelor’s lifestyle. He would stay out until early morning almost everyday and his financial support for us was erratic. He would share in the expenses if he had “extra” money and mostly I would need to ask. If he had the money he would give it, not willingly but like he had no choice. If he didn’t he would call me “mukhang pera”. He was always highly critical of things I would say or do. He contradicted most of my suggestions and we would always end up doing things his way. He would make plans of going places without telling me in advance and if I resisted, he would either start a fight or give me the silent treatment. I would wind up dropping any plans I had to keep the peace. In fact I learned how to keep silent most of the time so as not to provoke an argument. His words are hurtful and whenever he would start his ranting, I would just shut off. He would also pick on special occasions to make me feel bad, like on my birthdays or Mother’s day. He was very nice to me though when we were amongst our friends.

    Let me mention that we live with my Mom. We have been since we got married, I have suggested on several occasions that we move out. This was mainly because he complained a lot about how hard it was to get along with my Mom, specially my sister. He complained to the point that I was convinced that it was my family who wasn’t treating me well. He had backed out on all attempts we made of moving out. I have reached my saturation point and I told him I wanted out because I was very very exhausted of having to understand him all the time. Of course he went ballistic. You see he is never wrong and that all this was my fault. It was almost two months ago that I told him I have had it and we haven’t spoken “nicely” to each other since. The final straw was when I learned that he was pawning my jewelry. I have asked him twice to leave but he said he would not and if I forced him to, he would take the children with him. He now realizes that he has lost all hold on me and I am afraid that he will use the children against me, they are the only edge he has left. I seek your advice on the best way to make him leave us permanently without jeopardizing the children’s safety. I desperately want to live a normal and peaceful life with my children and my family.

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  51. ask qo lang po. may habol ba ako sa tatay ng anak ko kahit hindi kami kasal, may habol ba ako para sa sustinto ng anak ko ? meron o kasi syang pamilya na binubuhay mas pnpriority nya yun kesa smin ng mgging anak nmin, hindi pa po ako nanganganak. Meron po syang permanenteng trabaho. Malakas kumeta, natatakot ksi aq baka isang araw, ewan nya kame para sa pmilya nya.

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  52. Good morning po, Just want to ask po, kasi i have a nephew which is around 14-15 years old na hindi umuwi for almost five days na. Ano po ba ang dapat naming gawin at saan po kami pwede humingi ng tulong to find where he is? Salamat po and waiting for your reply po.

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  53. we are unmarried. she has a new boyfriend who sends money from US. she is looking for work. she asks child support…
    i pay for milk, yaya, tuition and weekly food if the kids with her… i feel sharing of expenses unfair and she demands i do laundry expenses as well. her excuse is no work.

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  54. Good afternoon po..i am a public servant..kahapon po nagkaroon kami ng argument ng kasama ko trabaho..umabot po sa pambabato nya ng ulo ko in front of our coworkers..matagal na po xa mahilig magparinigtat causes us to be disturbed with our work..di na po ako nakatiis at nasagot ko na xa..what should i do? I want to file a complain/admin case against her..ano po ba dapat na process? Gusto ko ppng magakron ng pagbabago sa aming tanggapan..gumugulo po ang opisina dahil sa ugali niya..we are all professionals na nanumpa sa bayan para maglingkod..nakakapagod na po ang pagrereklamo nya bout our govt system at mahilig po xa magcreate ng pagAawayan..

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  55. Good Morning po, 20yrs old at 23 yrs old ang asawa ko estudyante po ak0 at army po asawa ko tan0ng ko lang po anu ang dapat k0ng gawin, dahil ang asawa ko kung mag mura saakin sobra, lage po nyang sinasabi saakin na “asawa ka lang” “wala kang kwenta” kung magalit nakakasakit kung mainis sa anak k0 dahil sa pag iyak2x ng bata kung minsan nadadamay e2 nasasaktan nya anu dapat k0ng gawn?
    Salamat po!

    Like

  56. Dear Atty,

    I have a friend na nakulong po dahil kinasuhan sya ng asawa nya ng RA 9262, violence against women and isa pa pong RA 9262, child abuse..nkapag bail po sya kaya pansamantala sya nakalaya ngaun. Malaki po ba ang chance ng friend ko kung mpapatunayan niya na matagal na po silang may usapan nung asawa niya bago pa amn sila maghiwalay at meron na din naman pong karelasyon yung asawa niya.. Puro post po sa FB ang ginamit na ebidensya nung asawa niya for the case na violence against women.. May FB account po ung friend q pero dun sa ebeidensyang ipinakita niya never nman pong nag post ng mga ganung salita ang friend q sa FB account niya…

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  57. hi! gud pm! ask ko lang po if null and void na po ang kasal namin. 7 years na kaming hiwalay.. meron din po kami ng mga anak ko ng permanent protection order. 2006 pa po ang aming ppo.. simula po ng nag file ako ng ppo wala na po akong balita sa ex husband ko.. wala din pong suporta. gusto ko po sana mag file ng annulment kaya lang la po akong sapat na kita.. at di ko din po alam kung asan na sya. sana po matulungan nyo ako.kanino po ako pwedeng humingi ng tulong..tnx po\\! god Bless

    Like

  58. pahelp naman po please..

    gud day..i am legally married with my husband and we have 5y/o son..last year nakipaghiwalay sya sa akin..after nun, this january nagkabalikan po kami but last 2weeks ago nalaman ko nagkita pa po sila ng kabit nya..ano po pwd ifile na case against them?…ano po ba need ko?..i mean do i still need evidence?..evidence like what?

    and about po dun sa child support i dont have any work now because my husband dont want me to.. ngayon na gumagawa po ulit cya ng kalokohan all i want lang is maghwalay n kmi and he’ll support my son…ilang percent po ba dapat ibigay nya sa akin?he’s working at call center now…
    im not sure po pero range n po ata ng sahod nya is 19k.. what if we say 19k nga po sinasahod nya a month?..ung needs po ng bata padagdag n ng padagdag..pumapasok na po cya sa school,everyday allowance, everyday foods and other needs pa…

    and lastly po binubugbog po kasi ako dati ng aswa ko bago pa kmi maghwalay last yr..can i still file a case against him about sa pang bu2gbog nya?….

    i badly needed your help po please…thanks

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  59. Hello Atty,

    May concern lang po ako regarding child support. nabasa ko na po yung previous post and your previous reply on this issue, however po, yung ex-wife ko po demand ng demand ng pera kahit po higit na sa kakayanan ko. ang tanong ko are:

    (1) tama po bang ilagay sa black and white or i-document ang monthly support sa mga bata? para po maiwasan na namin ang pagtatalo everytime na sasabihin nyang kulang ang pinadadala ko;

    (2) if yes, saan po ang tamang venue? at sino po ang tamang taong lapitan para sa ganitong procedure?;

    (3) OK lang po ba na ako na lang ang mag initiate ng action to document the support? kasi po natatakot akong kasuhan nya ako ng RA 9262 despite my regular financial support.

    (4) what are my rights naman po, kasi religiously akong nagpapadala ng financial support, sa abot ng aking kakayanan.

    wala pong regular trabaho ang exwife ko.

    Maraming salamat po sa attention.

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  60. Hello, my husband impregnated a woman and bore a child. The women is single with another kid from another man but is single. What can I file for this women who still dates my husband. My husband has 3 kids and supporting us but I want them to stop seeing each other. Pls help me. Thank you.

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  61. Good am! Atty.ask ko lang po if may laban po ako dto? Isa po akong volunteer kinder teacher sa isang public school eh…mhilig po akong mag tap ng table to catch the attention of my pupils,then hindi ko po sinasadya ntamaaan ko po yung mata ng bata,then pnaalam ko po sa Mother nya,sbi ng nanay ok lng kasi pinagamot ko nman ung bata,kso ang msama po after 3days mgaling na ung bata tinakot at tnitxt aq ng tatay at ng nanay ng bata na isusumbng dw nla aq s DSWD pag hndi dw aq nagbgay ng 30thou. Ngaun po nag resyn n aq sa trabho at nbalotaan kong nag file na sila ng case sa DSWD may laban pa po ba ako doon?

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  62. gud day,is it possible to file a case for my ex bf na iniwan ako at niloko?we also planned to get married in 6 months when we both go back to philippines.coz he is in saudi and im in italy.,.pero hnd pla nya balak tuparin un…i am suffering so much in pain,and psychological violence…in a way that he didint treated me well as a human being,he made me feel so much down.his words,his actions,.khit sya ang my ksalanan,,,all im asking sana is treat me well..but he didnt..can i file a case against him pra ipagtanggol ang krapatan ko coz until now i am hurting…it is maybe simple to others but i am really suffering with all what he did,,and i was diagnosed with colon problems before it happened,my doctor says D AKO dpt mastress and depress.i beg him to help me pra n dn s kalagyan ko,but he treated me like an animal with his words..is it possible to file a case against him about what he did to me and how he treated me?

    thank you…

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  63. gud pm.. ask ko lang po kase may anak po ako a dati ko bf na 4 na taon na po ngayon.nun una po diko po sya inobliga mag suportan dahil inunawa ko nag aaral pa sya. hanggang sa naghiwalay na nga po kami tuluyan dahil nasaktan nya ako pisikal at emosyonal. nagkaasawa po ako at nagpakasal po kami at sya ang tumayo tatay at nagbigay ng mga pangangailangan na dapat sya ang nagbibigay.
    hanggang sa nagkaroon po sya ng gf at parang na brainwash po sya at noon nya lang nasabi na hindi nya anak un bata.matagal na daw po sya nagduda kung kailan malaki na un bata.sa xobrang galit ko po lumapit na ako sa pao para humingi ng tulong na hingian na ng sustento un bata dahil punong puno na po ako at binigyan ko sya ng time frame na 6 mos after nya grumaduate.. at nun nov na po un ika 6mos nya na dapat magsustento na sya… pro hanggang ngayon po wala sya binibigay kahit ilang beses ko sya itxt pati tatay at kapatid nya at nagtatago na po sya sa isabela.
    ano po ang maari ko gawin? sana po matulungan nyo ako. salmat po.

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  64. hi.im lovely lovendino from palanas guinobatan albay po… 18 year old po aq last nov 5 2012 may kinakasama po aq ngayon mag dadalawang taon palang po kami ngyung jan 09 2013 naging kami po going 16 palang po ako..pumayag po ako mkipag live in sakanya dahil nangako po sya saakin at sa family ko na hindi nya ako pababayaan..totoo naman po .yun nga lang napakalasinggero nya po nyang tao ilang beses ko na po sya pinapayuhan na bawas bawasan po ang pag iinum ..umuoo lang po sya pero pag malayu ako gingagwa nya pa rin po hanggang sa tumatagal po relasyun namin ..dun ko na po nakkita ugali nya lage nya po aq minumura .

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  65. Hello Atty. I hope you can help me. I just need a lawyer’s advice. I want to sue my EX-BF, STEVEN QUIDES. 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’ll find 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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  66. Hi po I’m Jane…may problema po ako sa aking bf, kasi yung bf ko mayroon po siyang gf noong 2011 at saka nabuntisan nya yung gf nya at ako nandito sa ibang bansa nagtatrabaho. Nag live in po sila mga 8 months at nung inihatid nya yong bae sa kanyang pamilya nanganak yong ex gf nya at nagkig live lng cya nga ex gf nya noon kasi akala nya siya ang ama at he has been struggle for his ex gf before and he left her because of his ex gf has questionable character of domestic violence abused of him. He never ever fought of her..even he had bruised. Kaya nagsisi cya sa nagawa nya sa akin at bago ko lang nalaman yon. Ang kanyang pamilya at siya ay nagsabi sila sa lahat lahat tungkol sa kanyang nagawa sa akin…Pero ang problema po ay sabi nya hindi daw nya anak kasi ang feeling lang nya kasi hindi daw siya ang ama sa bata at saka hindi din nya ma feel na may awa siya s bata ang ma feel nya sa bata ay galit..wala talaga siyang reaksyon sa bata… Yong ex gf nya nagsabi na anak daw nya kasi kamukha daw ng bf ko pero alam ng pamilya ng bf ko na hindi ganun ang mukha ng bf ko noong bata pa siya…ang tanong ko paano yon po para malaman na siya talaga ang ama o hindi…? at dahil nito ang family name ng bf ko ang dinala ng anak sa kanyang ex gf…ang problema din po naghingi ng financial support yong babae sa kanya…kung hindi daw magbigay ng financial support ang bf ko magpunta daw ang kanyang family sa bahay ng bf ko then they will take to the court….and his ex gf blames him all about her….ang bf ko nga ay sinisisi sa lahat ng nangyari na nabuntis at nagkaanak siya…but we’ve been 7yrs. of my bf but I couldn’t believe that he done like that over there while I am away from him….then yung nalaman ng ex gf nya na mayroon siyang gf sa foriegn countries hiningian siya ng financial support para sa bata….and his ex gf says she doesn’t care if my bf is rich or poor as long as he will give a financial child support….because it’s my bf’s fault that she impregnated…but my bf and his family they cannot afford which they have no money…what should they do? and that’s all the problem…what is the best thing to do? Please give me some advise…I appreciated to hear you back…thank you and have a nice chrismas to you all..god bless…

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  67. i am a public school teacher, i have a boyfriend who is not legally separated with his wife, if in case i get pregnant will i be dismiss of my work?

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  68. ofw po ako, sa 15 taon ng pab aabroad ko ang tanging naipundar lang namin ay house and lot, 2 sasakyan. wala po kaming anak pero may isang anak ng kamag anak ng misis ko and nasa kanyang pag aaruga sa pilipinas. At sa aking pagtatanong sa aking asawa kami ay walng perang cash o savings na naiipon. Nagpapadala po ako ng php 125,000 a month. sa akin pong pag tataka ay saan napupunta ang perang ipinapadala ko. Hindi po niya ako mabigyan ng konkretong sagot. ako po ay komunsulta sa abugado at isa po sa resulta ay lumalabas na hindi valid ang kasal namin. ako po ay nagfile ng absolute nullity of our marriage. ang notice po ng aking petisyon ay na-iserve na sa kanya. Ako po ay nakatanggap ng emotional blackmail na galing sa kanya ng violence against women. ako po ang niloko niya ng maraming taon, at may std rin siya na hindi rin niya maipaliwanag sa akin kung saan niya nakuha. 5 taon na po kaming hindi nagsisiping sa tuwing nagbabakasyon ako. naawa akong mabilad siya sa kahihiyan, kaya ng sabihin sa akin ng abugado na teknikal ang puwede kong petisyon sa aming annulment para hindi siya mapahiya ng husto. paano naman po ang ofw na katulad ko na sa wala napupunta ang pinaghihirapan tapos ako pa ang aakusahan ng violence agaist women. annuled siya sa una niyang asawa at ako ang bumuhay sa mga anak niya, nagpaaral, pati magulang niya may sustento buwan buwan sa perang pina padala ko. nasaan naman po and karapatan ko.

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  69. eow poh.kasal po kme ng asawa q ngaun poh nkipghwly po aq s kdhlinan n nambbae xia 3tmes chance po ang naibgy q s kny n mgbgo peow d po xia ngbgo ngaun po at nkpghwly po aq tntgo nya po s parents q at s akn po ang mga bta pti cp nu.poh ng asawaq at mga pmlya nya ay la n po aq mkntak.anu poh b ang pwd kung gwn kc balakq poh pg mkauwe aq gs2q kunin ang mga anakq n 4yer old and 2yer old poh.kzo panu po f d n mhaglap ang asawaq po kng zng lugar n xia kzma ng mga anakq pls.help.tq.po

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  70. eow po my asawa pO AQ AT 2ANAK NKPGHWLY PO AQ S KNYA KZO LA PA POng ksunduan dhl Nz mlau pa po aq ANU PO B DPT Q IKSO S ASAWAQ N P2LOY P DN S PAMBBAE NYA AT 3TMES N BNGYN Q NG CHANCE N MGBGO AT ANG MSMA PO TNTGO NYA NGAUN MGA ANAK NAMEN.AT PTI CP NU NLA AY D N MTWGAN PO.9

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  71. I was get pregnant by my boyfriend and were no longer together, our child is with me and he didn’t give any financial support for the child. is there anyway I can file against him. I really need your help. thank you

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  72. Hi I’m 20 y/o..I broke up with my ex several mos ago..since then he has been sending me texts na harassing to me my family and and my bestfriend..and just recently po sinisingil nia ko sa mga nagastos nia daw sa relasyon nmen..20k po ang gusto nia..he knows where I work and he even said na Baka daw po me magawa sa current bf ko ngaun..Hindi daw po xa takot mamatay or makulong..it’s really depressing po..para na po syang baliw..pwede ko po ba can’t ireklamo sa 9262? Gaano po katagal ung punishment kasi mukha wla tlga sya balak tumigil sa panghaharass sken..thanks po

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  73. pls i nid ur help..un bro ko ay kinasuhan ng RA 9262 Anti-Violence Against Women and their Children Act of 2004. DHIL ME OTHER woman cya at nabuntis nya pa ito.me hearing cya this jan 18. his wife filed a case under RA 9262.
    What should he do..dpt me laban cya,dhil simula ng ikasal sila ng bro ko ay never sila nagsama sa iisang bubong dhil the wife wants to live with her parents at la union.So for two years of their marriage,her wife only visits my bro here in manila kasama ng anak nya once or twice.her wife never perform her duties as a wife even her sexual duties ay never nya ginawa,naging bakasyonan un house nila ng bro ko.once or twice lang sa isang buwan sila nagkikita sa isang buwan, My bro would always beg for her to stay but the wife still insists on staying with her parents at la union.
    So after one year and 5 mos,my bro had another woman and to make the story short,he already leave his wife and son. We thought it was over bec the wife said its her fault and she wants my bro to be happy but then the wife suddenly filed a case under RA 9262. I know that my bro has hurt her emothionally bec of her other woman but he still wants to support his son but her wife don’t want to accept his money. What should he do to counter act the ra 9262.ME laban ba siya dahil iniwan cya ng wife nya dito kya he had an affair.ano ba ang dapt nya gawin?

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  74. Myl husband and a father of two has impregnated a twenty six year old who is stressing him.pushing for my devorce inorder to get married.we both love each other very much and we support each other.my husband is a human being and man is to error.i have forgiven him and i will stand by him.The concerned woman knew pretty well that we are married.what should i do?should i take any legal measures

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  75. In cases were a man impregnates a woman,it’s always the man who is victimised.Many support the woman.why are these factors never considered before the man is penalised:1)a female adult knows her montly cycle pretty well(safe/unsafe days),so it could be,she wanted to trap a man.A man cant tell,when she is fertile or not.2)a situation where the Condom bursts.3)the fact that it was a willing buyer,willing seller.why should the woman think of sueing a man only after a pregnancy,and not after a joyful intercourse.4)How long has the secret affair been going on.

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  76. Good pm, I just want to ask what case should my mother file to my father who is having an affair with another woman? my mother went to barangay hall to file/blotter regarding the matter. nothing happen, pinangaralan lang nila yung mga involve. ang gusto ng mother ko ay makulong yung father ko for her safety na rin. kase yung physical abuse ay paulit ulit lang na nangyayari. pati yung pambababae. saan sya pweding magfile ng case? is it free? pwede ba siyang kasuhan ng babae dahil lang sa hindi ito nakapasok sa trabaho nung ipatawag sila ng barangay?

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  77. HI..IM JOYA RUBIO,,ask ko lng po if pede akong mgfile ng case against s tatay ng anak ko..hindi po kc kme kasal but my son surname is in the fathers name..for about 2 years n po xang di nagbibigay ng suporta peo my trabaho po xa at my kaleave in na.what should i do po..hope u reply on my message i need some help and advice for this matter..thanks u.

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  78. Good day..ask ko lng po.. Ung husbnd ko po kc my nging ank sya sa pag ka binata n den yung bata po sinse 1yr old po hindi po pinupunthn ng nny, tposng asawa po ung bbae, may 2 ank n po siya sa bgo niang asawa.. Ngayon po mg 6 6 yrs old npo ung ank ng husb ko.. Pro tinatakot po nila kmi na kukunin na daw po nila ung bata ano po dapt nmin gawin. Kc after 6 yrs bblik cila kung kelan mlki na ung bata..ung husb ko po kcnka abroad at aq na po yung nkilalang ina nung bata.. Help nmn po.. TNX MUCH

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  79. magandang araw po, gusto ko pong humingi ng tulog sa naging kaso ko noong nasa abroad pa po ako. nag karoon po ako ng bf, kasamahan ko sa trabaho. said Hindi inaasahan nabuntis po niya ako. said takot name madeport kaming dalwa Napa isispan namin na uuwi nlng po ako sa pilipinas para manganak. bago ako makauwi ng pinas any napagkaalaman name ng mga ka opisina ko yung ngyari, nag confide po siya sa kaibigan niya at ipinag sabi sa iba. bukod said napahiya po ako natakot po ako said kaligtasan ko at ng bata baka may magsumbong po said akin sa police. Napagusapan po naming dalawa na wag ipag kalat. na umabot po sa punto na yung hr manager namin eh gusto ipalaglag ko yung bata para Hindi ako mawalan ng trabaho. ang isa pa po simulation hung manganak ako hang gang ngayon hindi PO cya nag bibigay sustento sa bata. nandun pa din po siya nag tatrabaho at gusto ko pong kasuhan siya. anu PO bang pwedeng ikaso ko sa kanya?

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  80. Atty. I need your help. I had a boyfriend, when I was working overseas he’s also a co-worker and i got pregnant by him, I was forced to go back home in the Philippines and left my work because people in our office came to know that im pregnant and we were afraid to be caught by the police and be jailed for it is a crime to their country to have child without marriage, anyway he promised that he will fend for the child needs and he will not leave his obligation, but now he didn’t gave us any financial support, wherein i suffered so much throughout my pregnancy. 1. i was forced to leave the company because he told his friend about my condition and he told it to everyone in the office. I was not only humiliated at that time but also I got afraid for the safety of me and the child. 2. I have no job and i was the only one who is trying to fend for the child’s needs medical shots, milk, diapers etc. wherein I believe he should give as well. 3. Every time i call him he will not answer my calls or even my email to him. 4. I suffered depression due to my removal at work, and from the stress that he gave me because of not giving us support knowing what situation i have at that time. 5.Since it is very obvious that he deceived me by his words that he will fend for the child and all I’m worried that he will just let go of what he did to me.

    Atty. I wanted him to be oblige to give financial support to the child, what case can i file against him? he is still working overseas is there anyway i can sue him there? and where shall i go to file a case for him?

    I hope that I can hear from you soon Atty,

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  81. Good morning po. ask ko lang kung may karapatan po bang magdemanda pamangkin ko? kasi yung husband nya nambabae tapos sa galit nya gumanti cya at naghanap din ng iba. ngayun pinagkakalat nung husband nya yung video nila? salamat po.

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  82. good evening! im a government employee, im in a 6 yrs relationship with a man who is having a live in partner and with a common child.. now, the woman is planning to sue me including my bf. the woman knows my existence since our relationship..pls help me

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  83. gud am..ask lng po kung mkukulong asawa q pg ngfile me ng RA9262 ngkaron po xa ng anak s kabit nya at minura po n aq at cnb n ittgil nya sustento pg ginulo ko kabit nya..my laban po b ako s kanya?

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  84. when it comes to sexual violence like for example in rape case, some author say that a husband who compel her wife to have sexual intercourse with him is criminally liable which is a marital rape according to them. but the RA3815 says that marrying the offended party is one of those things terminating or makes extinct of criminal liability. further manifestation the role on evidence stated thereof.bear in mind that having a sexual intercourse is one part of being married. which is true ?

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  85. Hi, my wife had a missed abortion caused by stress because of the verbal abuse she suffered from our neighbor. She is still having cramps, pains and bleeding since then. Is there any law that applies to her case? Thank, please send me reply as well to kyjodan07@yahoo.com.

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  86. Hello po!
    I am 17 years old and has a relationship with a 36 y/o public servant who happened to be married. The wife has spoken and swore at me when she found out and threatens to tell file a case against me and her husband. Unfortunately, she knew that we had sexual intercourse. Is it possible for her to sue me since i am considered a minor? Can i sue her back with RA 9262?

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  87. Hello! good day! Can someone please share knowledge on how to handle a persistent mistress who happens to be a minor (17 y/o) and she admitted that she knows her bf is married but insists on the relationship because she thinks she cant be sued as she is a minor and threathens to sue his bf?

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  88. Good Afternoon!
    I would just like ti ask if I can still file a child abuse case against the nanny of my 8 month old daughter eventhough it happened 3 days ago, March 9, 2013 between 2-2:30am? I saw the nanny hit my baby with her feeding bottles at her left cheekbone where it had marks. I have pictures to support my case if ever i can still file one.

    Thanks so much! Hope to hear from you.

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  89. good morning po..nag file na po aq RA9262 for my husband kc po 3yrs na sya ndi nag support financially sa anak ko.kaya ko lng po ngaun ginawa to kc nag file na po sya petition for annulment namen eh gusto ko lng po secure ung rights ng anak ko. hiwalay na po kame for almost 3yrs. kung anu anu nilagay nila grounds skin para sa annulment issue which is hndi nmn totoo.then they try to convince me na wag na umapela and mag attend ng hearing pra mapabilis ung process..puede po ba aq mag demand ng letter from atty na nakalagay dun about financial support ng anak ko and assurance po sana na hndi nila gagamitin ung grounds skin in the future for custody ng anak ko?

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  90. I just wanna ask my friend is pregnant by his husband which is a foreigner but they are not married and it has a situation also that the man is hurting her as well. Can she file a case for child support even if they are not married ? And what should be the requirements. Thanks :)

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  91. Good day,

    FYI: we are on the right age to make this decision were both 30+.

    ask ko lang po.wala po bang kaming nilalabag na batas kahit di ako ang biological father ng ipanagbubuntis ng girlfriend ko.at gusto kong ang ilagay sa birth certificate ang apelyido ko pagkapanganak sa baby.ang rason po iresponsable ang tatay ng bata at ayaw ng girlfriend ko magpakasal sa kanya.payag akong akuin ang batang dinadala nya.at magpakasal kami. natatakot lang ang girlfriend ko baka magsampa ng kaso ang biological father pag nalaman na buntis sya. at paano paraan para di na mabawi o maagaw sa girlfriend ko ang baby nya i mean kahit nasa hustong gulang na ang bata.wala po kaming balak ipaalam sa biological father ang lahat kasi tinarydor ang girlfriend ko.balak po namin magpakasal sa lalong madaling panahon.
    para sa isyung ito,

    salamat po,

    need your legal advice asap!

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  92. I woke up this morning with joy and smile seeing my lover who asked for divorce sleeping on the same bed with me,True the help of this great man called Dr khakani i am karen from the united state am here to testify in the good name of this God-sent called Dr khakani for the great thing he has done after i have been in a relationship and we later got married after 6 years of marriage my lover davis just woke up one morning and told me that he needs a divorce and he needs the divorce very urgently that he his tired of me and he wants to get a new lover he said mean words to me that made me cry and believe maybe some spirit entered into him,The next day was a letter from the lawyer that my lover needed a divorce when the lawyer came home tears dropped out of my eyes then i packed my things and decided to leave the house for him which then he brought the lady he said he wants to get married to so we where suppose to be in court this Teusday the 28 of this month,But i got to know about Dr khakani when i was reading a magazine how he has cancelled lots of divorce so then i went to the internet read lots of Reviews about Dr khakani on the internet how he has helped lots of people in getting back there lover so i could not waste much time i contacted him and told him what my problem was then he told me that my lover would be back to my arms within 24 hours Lo and behold my lover Davis came back to my arm drove away the lady he brought home and he called me and asked where i was he came over and apologies to me in tears that he does not need the divorce anymore all he wants is me and he made me had access to his account SSN ATM pin and beneficiary to all his account am so happy today divorce cancelled within 24 hours i believe Dr khakani is a man to trust and believe on. You don’t need to cry anymore Dr khakani has been sent to clean our tears you can contact him on khakanibestsolutioncentre12@gmail.com or cell phone +2348062216903

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  93. I am 25 yr.old @ nbuntis po aq ng 22 yr.old n nklala q s kasal ng pinsan q ..pero ayaw niyang panagutan dahil dun npagpasiyahan ko po n mag usap na lng kmi s police station at doon npagkasunduan po namin n suportahan niya ang anak ko pagkasilang niya hanggang sa makatpos ito ng pag aaral at kung hindi niya ito magawa ay dasampahan q siya ng kaso.at pagkataos noon ay pumirma kami sa logbook kung saan isinulat doon ng pulis ang aming napagsunduan..tanong ko lang po kung pwede ko po ba siyang kasuhang ng R.A 9262 kahit may kasunduan n kami?

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  94. I am a victim of psychological and physical abuse….paulit ulit ang masasakit na saluia kahit nasa harap ng mga anak ko.nakakabaliw…ii want to be free from my abusive husband .my parents own the house we are living and according to him he has the right in that house because siya daw nagpaganda ng house.saan po ba ako dapat pumunta para humingi ng tulong?may karapatan ba talaga siya sa house?

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  95. pwede po ba akong mgfile ng kaso sa asawa ko na halos ayaw na pong mkipg communicate sa akin at mghahanap nlng daw xa ng asawa s south korea?hndi rn po consistent ang pgp2dla nya at nbwasan p pde po b qng mgdemand qng mgkno ang ip2dla nya s akin khit n wla kming anak pero kasal po kmi s civil lng po?mrmng slmat po

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  96. Hello po, ask ko lang po about sa sitwasyon ng friend ko.. She got pregnant with his bf and since she was working and it was a threat for her health she decided to have abortion. and now her bf is blackmailing her for her action. psychologically and morally and destroying her reputation even to her employeer where she is working with and to the public, friends and relatives. what could you advice for her situation.. Can she sue this boyfriend for his actions?and what grounds.. please do help her.. Thanks a lot.

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  97. Hi Please HELP!!! I am 7 1/2 pregnant, i have a neighbor who’s a graduate of nursing, she keeps on harassing me, verbally abusing me and my baby and my husband, last time we fought she kicked my tummy and im afraid that my baby is hurt, she even filed a case against me even though shes the one who kicked my baby first and to know that she’s a nursing graduate

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    • yun nga ang masaklap, tayong mga lalaki na inaabuso din ng mga babae ay walang maikaso sa kanila lalo na kapag emotional abuse ang ginawa nila.

      neh hindi nga properly defined ang emotional abuse and on how to prove it.

      basta sabihin lang ng babae eh yun na, kulung sa walang dahilang emotional abuse na yan.

      kung physical naman ginawa ng nanay sa anak niya, eh mag file sya ng physical injuries, etc.

      basta, pagdating sa batas na ito, kawawa ang mga lalaki. hindi patas ito.

      marami na tayong mga batas na nagpaparusa sa mga nanakit sa kung babae man o bata o lalaki. huwag gawing exclusive para sa mga babae lang ito. kasi, relasyon ito, at maraming nangyayari sa relasyon na nasasaktan din ang mga lalaki.

      unconstitutional. bawal. hindi tama!

      no equal protection of the law for both sexes.

      hindi makatarungan! tanggalin! sugpuin itong mapanupil na makababaeng batas!

      bawal ang ultra feminism! walang respeto sa mga lalaki.

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  98. I have a cousin who is 19 y.o. and he had a girlfriend who is 14.
    the grand mother who is her guardian (parents separated/mother is abroad) learned that the two already had sex. my cousin said he’ll marry the girl if the grand mother wanted to. however the grand mother insist on having my cousin sued. can you give my insights regarding the matter? thank you so much.

    p.s. i realize that this is supposed to be a website for the abused. please do not condemn my cousin for his mistake. his also still young and did a really stupid mistake. i just need some advice. thank you,

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  99. Gud pm. I’m married with 3kids, as of now Me and my husband always had an argument, he always got jealous with my business partner. Until he got me hit with a clipboard which got me bruses, I filed medico legal, and went to barangay to file a blotter. I don’t want to live with him anymore because he always threatening me and verbally abuse me. He already left our house, but still staying there ask for forgiveness and for us to talk. But I don’t want to talk to him anymore, because we always end up arguing. What should I do to stop him.

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  100. Good day po! This is Maya Altamirano from Makati City. I am 27 years old. Ask lang po ako kung ano po kaya ang karapatan ko bilang nabuntis ng isang married man na 50 year old, goverment employee. Ex OFW po ako, nabuo po ito nung madalas nya ako pasyalan sa bansang pinagtrabahuan ko dati. Ngayon, di ko na po malaman ang gusto niya. Nasira daw plano nya sa akin. Dahil nalaman daw ng asawa niya at pati financial freedom nya nawala. Very unsual, tinanong nya ako kung kanino iaapelyido ang bata. Sabi ko sa kanya pero ang sagot niya wag na muna. Ibig sabihin lng po nya ayaw nya iacknowledge nya ang bata? W/c is nagkaanak po sya sa iba dati pinagamit nya ang apelyido nya sa bata. At suportado pa pati ang nanay. lahat ng gastos kanya, upa sa bahay, bills, food at milk ng bata. Nung sa akin na parang kwestyunable na nabuntis nya ako ni pangpacheck up di man lang sya makapagabot. I feel so depressed. Please help me about this. Thanks a lot po.

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  101. My 27 year old niece is impregnated by 52 year old separated married man…can we sue him …what case can we filed against him..

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  102. good day!!! sana po matulungan nyo kami sa sitwasyon nmin, year 2000 ng abroad ang father ko as a care give for 8 years n nandun xa full support sya samin npagawa nya bahay at napag aral nman nya ilan sa mga anak nya.. but after po nun umuwi sya para mgbakasyon for only a month, nung nagbalik po sya ng abroad bigla nalang pong nagpaalam na hindi n sya uuwi at may iba na daw po syang pamilya..mag pa five years napo syang wlang support and walang communication samin kahit sana para lang sa bunsong kapatid nmin. pinagtataguan nya kami last n balita nmin andito n xa s pinas kaso hindi po ngpapakita khit sa mga kamag anak nya. 6 po kaming anak nya halos pamilyado na kmi..may habol pa po ba kami ng support nya khit para lang dun sa bunsong kapatid nmin? please help us thanks

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  103. may babae pong nag-email skin ng picture nila ng asawa ko, na pinamukuha sakin na ibinahay siya ng asawa ko sa oman, at kita ko nga po sa picture na bahay namin sa oman yung place nila sa picture at obvious na before or after contact ang picture nila dahil wala pa silang mga pants at labas ang mga legs nila while nasa airbed sa sala… gusto ko pong kasuhan ang babae.. dahil sobrang nadegrade ako granted na alam kong naging babae cya ng asawa ko… gusto ko po syang kasuhan at padalhan ng notice ang company na pinagtatrabahuhan nya, pero di ko po alam kung san cya nagtatrabaho at kung ano ang mailing address niya… ano pa po kayang pwedeng ko gawin… salamat po…

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  104. Need your urgent help please. Kaaway ko po yung kapatid ko na nakatira sa 3rd floor ng bahay namin dahil pinapa alis po sila ng father ko dito sa bahay namin dahil may kinakasama syang kahit pero kasal po siya sa iba. Nung isang araw po habang wala ako sabahay bumaba siya sa kwarto namin at kinatok ang anak ko at inaya nyang umakyat sa kwarto nila. Nirecord po nya sa cellphone ang conversation nila. Menor de edad po yung anak ko hindi po illegal yung ginawa nya? Puwede ko po ba siyang kasuhan ng child abuse dahil dito

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  105. Hi,

    I don’t know where to go or what to do. I know about the law but I am not sure of what to do. I have a domestic partner of 5 years. He has always been sort of “verbally abusive” and over the years I have tolerated and live up with him constantly insulting me, causing damage to my confidence, self-esteem and the self-worth I see in me. Just recently, our 5 years of living together, we have already bought a house and I am currently 21 weeks pregnant with our second child. Our relationship has been on the rocks and we have been constantly fighting. Out of my frustrations and hurt from everything I found about him taking some college girl to a motel to spontaneously chatting with some woman, I have slapped him to let out my hurt and my sudden burst of emotions. I have a heart condition so I cannot contain what I feel, because even with his faults, he kept insulting me and abusing me verbally and emotionally. When he first hit me, I suffered a contusion on left side of my head and just this Saturday, we had a heated fight, he broke my phone, he verbally abused me and he hit me twice on my left side of my face which resulted my nerve below my left eye to protrude.it’s no longer swelling now but I do have a “black eye” . severely bruised. And he did this with no remorse even with the fact that I am currently pregnant

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  106. my husband is a filipino seaman, we have no kids, can i file for support? According to him he doesn’t have an obligation to support me since we don’t have a child,,is this right? he also emailed me threatening to kill me or ”bugbog” me thats his word in the email if i will not leave the house upon his arrival in the country,,he also states in the email to me that I should leave the house only with my clothes with me and not out things which he bought for he is the only owner of those for i have no work and not earning,,even my inlaws are threatening me too,,while on board for 8 months he never called, text nothing, just the email i mention,,i felt like I am abuse because of it I was so depress and even attempted to end my life,,what shall I do? who will help me?

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  107. Ilang percent po sa sweldo ng asawang lalaki na ofw ang pwedeng i support sa family na nasa Pilipinas.Sya ay nagtatrabaho sa Dubai.ang akin pong pagkaalam ay may sinusuportahan syang ibang anak sa ibang babae. Hindi nya sinasabi ang tunay nyang sweldo.

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  108. I and my 5 children was a victim of a none supporting husband. that’s the reason why we left our home and move to another place. due to hardships my 2 children got married at an early age. till now we got no support from their father ( my husband ) what will i do? i’m so tired of working to support my kids.

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