VAWC not subject to compromise agreement

A.M. No. 04-10-11-SC October 19, 2004

RE: RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
Section 23 (d) Prohibited compromise. —The court shall not allow compromise on any act
constituting the crime of violence against women and their children and other prohibited
matters, such as the following:
(1) The civil status of persons;
(2) The validity of a marriage, declaration of nullity or annulment of a marriage or of a legal
separation;
(3) Any ground for declaration of nullity or annulment of a marriage or of legal separation;
(4) Future support;
(5) The jurisdiction of courts; and
(6) Future legitime.

BBB v. AAA
G.R. No. 193225 | 2015-02-09
It bears stressing that Section 23(d) of A.M. No. 04-10-11-SC[20] explicitly prohibits
compromise on any act constituting the crime of violence against women. Thus, in Garcia v.
Drilon,[21] the Court declared that:
Violence, however, is not a subject for compromise. A process which involves parties mediating
the issue of violence implies that the victim is somehow at fault. x x x.[22] (Emphasis deleted)
AM No. 10-4-16-SC,[23] on the other hand, directs the referral to mediation of all issues under
the Family Code and other laws in relation to support, custody, visitation, property relations and
guardianship of minor children, excepting therefrom those covered by R.A. No. 9262.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual,
compensatory, moral and exemplary damages.

>> Amount damages to be recovered – waived or reduced?

>> Civil indemnity??