Republic of the Philippines

SUPREME COURT
Manila

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in

cities, given the huge volume of cases filed each year and the
slow and cumbersome adversarial syste1n that the judiciary has
in place;

Whereas, about 40% of criminal cases are dismissed annually

owing to the fact that complainants simply give up con1ing to
court after repeated postponements;

Whereas, few foreign businessmen make long-term investments

in the Philippines because its courts are unable to provide ample
and speedy protection to their investments, keeping its people
poor;

Whereas, in order to reduce the time needed for completing the

testimonies of witnesses in cases under litigation, on February 21,
2012 the Supreme Court approved for piloting by trial courts in
Quezon City the compulsory use of judicial affidavits in place of
the direct testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in

reducing by about two-thirds the time used for presenting the
testimonies of witnesses, thus speeding up the hearing and
adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the

Rules of Court, headed by Senior Associate Justice Antonio T.
Carpio, and the Sub-Committee on the Revision of the Rules on
Civil Procedure, headed by Associate Justice Roberto A. Abad,
have recommended for adoption a Judicial Affidavit Rule that will
replicate nationwide the success of the Quezon City experience in
the use of judicial affidavits; and

Whereas, the Supreme Court En Banc finds merit in the

recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues

and promulgates the following:

Section 1. Scope. - (a) This Rule shall apply to all actions,

proceedings, and incidents requiring the reception of evidence
before:

(1) The Metropolitan Trial Courts, the Municipal Trial

Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit
Courts but shall not apply to small claims cases under
A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a District

Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the

Court of Appeals, and the Shari'a Appellate Courts;

(4) The investigating officers and bodies authorized by

the Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose

rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.1
 (b) For the purpose of brevity, the above courts, quasi-
judicial bodies, or investigating officers shall be uniformly
referred to here as the "court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of

direct testimonies. - (a) The parties shall file with the court and
serve on the adverse party, personally or by licensed courier
service, not later than five days before pre-trial or preliminary
conference or the scheduled hearing with respect to motions and
incidents, the following:

(1) The judicial affidavits of their witnesses, which shall

take the place of such witnesses' direct testimonies;
and

(2) The parties' docun1entary or object evidence, if any,

which shall be attached to the judicial affidavits and
marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and
so on in the case of the respondent or the defendant.

(b) Should a party or a witness desire to keep the original

document or object evidence in his possession, he may,
after the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or
reproduction attached to such affidavit is a faithful copy or
reproduction of that original. In addition, the party or witness
shall bring the original document or object evidence for
comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.

This is without prejudice to the introduction of secondary evidence

in place of the original when allowed by existing rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall
be prepared in the language known to the witness and, if not in
English or Filipino, accompanied by a translation in English or
Filipino, and shall contain the following:

(a) The name, age, residence or business address, and

occupation of the witness;

(b) The name and address of the lawyer who conducts or

supervises the examination of the witness and the place
where the examination is being held;

(c) A statement that the witness is answering the questions

asked of him, fully conscious that he does so under oath,
and that he may face criminal liability for false testimony or
perjury;

(d) Questions asked of the witness and his corresponding

answers, consecutively numbered, that:

(1) Show the circumstances under which the witness

acquired the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the
issues that the case presents; and

(3) Identify the attached documentary and object

evidence and establish their authenticity in accordance
with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who

administers the oath or an officer who is authorized by law to
administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial
affidavit shall contain a sworn attestation at the end, executed by
the lawyer who conducted or supervised the examination of the
witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers
that the witness gave; and

(2) Neither he nor any other person then present or

assisting him coached the witness regarding the latter's
answers.

(b) A false attestation shall subject the lawyer mentioned to

disciplinary action, including disbarment.

Section 5. Subpoena. - If the government employee or official, or

the requested witness, who is neither the witness of the adverse
party nor a hostile witness, unjustifiably declines to execute a
judicial affidavit or refuses without just cause to make the relevant
books, documents, or other things under his control available for
copying, authentication, and eventual production in court, the
requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the
Rules of Court. The rules governing the issuance of a subpoena
to the witness in this case shall be the same as when taking his
deposition except that the taking of a judicial affidavit shal1 be
understood to be ex parte.

Section 6. Offer of and objections to testimony in judicial

affidavit. - The party presenting the judicial affidavit of his witness
in place of direct testimony shall state the purpose of such
testimony at the start of the presentation of the witness. The
adverse party may move to disqualify the witness or to strike out
his affidavit or any of the answers found in it on ground of
inadmissibility. The court shall promptly rule on the motion and, if
granted, shall cause the marking of any excluded answer by
placing it in brackets under the initials of an authorized court
personnel, without prejudice to a tender of excluded evidence
under Section 40 of Rule 132 of the Rules of Court.

Section 7. Examination of the witness on his judicial affidavit. -

The adverse party shall have the right to cross-examine the
witness on his judicial affidavit and on the exhibits attached to the
same. The party who presents the witness may also examine him
as on re-direct. In every case, the court shall take active part in
examining the witness to determine his credibility as well as the
truth of his testimony and to elicit the answers that it needs for
resolving the issues.

Section 8. Oral offer of and objections to exhibits. - (a) Upon the

termination of the testimony of his last witness, a party shall
immediately make an oral offer of evidence of his documentary or
object exhibits, piece by piece, in their chronological order, stating
the purpose or purposes for which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party

shall state the legal ground for his objection, if any, to its
admission, and the court shall immediately make its ruling
respecting that exhibit.

(c) Since the documentary or object exhibits form part of the

judicial affidavits that describe and authenticate them, it is
sufficient that such exhibits are simply cited by their
markings during the offers, the objections, and the rulings,
dispensing with the description of each exhibit.

Section 9. Application of rule to criminal actions. - (a) This rule

shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does

not exceed six years;
 (2) Where the accused agrees to the use of judicial
affidavits, irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions,

whatever the penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its

witnesses not later than five days before the pre-trial, serving
copies if the same upon the accused. The complainant or
public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking
them as Exhibits A, B, C, and so on. No further judicial
affidavit, documentary, or object evidence shall be admitted
at the trial.

(c) If the accused desires to be heard on his defense after

receipt of the judicial affidavits of the prosecution, he shall
have the option to submit his judicial affidavit as well as
those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the
public and private prosecutor, including his documentary and
object evidence previously marked as Exhibits 1, 2, 3, and
so on. These affidavits shall serve as direct testimonies of
the accused and his witnesses when they appear before the
court to testify.

Section 10. Effect of non-compliance with the judicial Affidavit

Rule. - (a) A party who fails to submit the required judicial
affidavits and exhibits on time shall be deemed to have waived
their submission. The court may, however, allow only once the
late submission of the same provided, the delay is for a valid
reason, would not unduly prejudice the opposing party, and the
defaulting party pays a fine of not less than P 1,000.00 nor more
than P 5,000.00 at the discretion of the court.
 (b) The court shall not consider the affidavit of any witness
who fails to appear at the scheduled hearing of the case as
required. Counsel who fails to appear without valid cause
despite notice shall be deemed to have waived his client's
right to confront by cross-examination the witnesses there
present.

(c) The court shall not admit as evidence judicial affidavits

that do not conform to the content requirements of Section 3
and the attestation requirement of Section 4 above. The
court may, however, allow only once the subsequent
submission of the compliant replacement affidavits before
the hearing or trial provided the delay is for a valid reason
and would not unduly prejudice the opposing party and
provided further, that public or private counsel responsible
for their preparation and submission pays a fine of not less
than P 1,000.00 nor more than P 5,000.00, at the discretion
of the court.

Section 11. Repeal or modification of inconsistent rules. - The

provisions of the Rules of Court and the rules of procedure
governing investigating officers and bodies authorized by the
Supreme Court to receive evidence are repealed or modified
insofar as these are inconsistent with the provisions of this
Rule.1âwphi1

The rules of procedure governing quasi-judicial bodies

inconsistent herewith are hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1,

2013 following its publication in two newspapers of general
circulation not later than September 15, 2012. It shall also apply
to existing cases.

Manila, September 4, 2012.

Judicial Affidavit Philippines
JUDICIAL AFFIDAVIT PHILIPPINES

Importance in Legal Proceedings

A judicial affidavit serves as a crucial substitute for the traditional

method of direct examination in court proceedings. It is designed to
make the trial process more efficient by cutting down the time spent on
presenting a witness. This written document contains the questions
posed to a witness and the corresponding answers. It must be executed
under oath and should adhere to the format prescribed by law.

Components of a Judicial Affidavit

1. Identification of Witness: Name, age, residence, and other relevant

personal information.
2. Statement of Capacity: Clarification on why the person is a
competent witness.
3. Questions and Answers: A sequential arrangement of questions and
answers, akin to a direct examination.
4. Attestation Clause: A statement affirming the truthfulness of the
contents.
5. Juror's Oath: Confirmation that the affidavit is executed under oath.
6. Attachments: Any supporting documents, exhibits, or evidences.

Legal Requirements

1. Sworn Statement: The affidavit must be a sworn statement executed

before a notary public or other persons authorized to administer
oaths.
2. Signatures: It must be signed by the witness, and the lawyer who
conducted or supervised the examination.
3. Service to Adverse Party: A copy should be delivered to the
adverse party at least three days before the pre-trial or preliminary
conference, unless a different period is provided by the court.
Admissibility and Evidentiary Value

The admissibility of a judicial affidavit is subject to the discretion of the

court. Generally, it is accepted as prima facie evidence of the facts stated
therein. However, the adverse party has the right to cross-examine the
affiant during the trial.

Penalties for False Statements

Furnishing false statements in a judicial affidavit can lead to criminal

charges such as perjury, and can also have civil consequences including
contempt of court.

Conclusion

The use of judicial affidavits streamlines court proceedings and

facilitates the administration of justice. Understanding its components,
legal requirements, and potential implications is crucial for both legal
practitioners and those who find themselves involved in legal cases.

Rules of Procedure in Family Courts Philippines: Your Complete Guide

Understanding the Rules of Procedure in Family Courts Philippines

As a legal professional, navigating the intricacies of family court

procedures in the Philippines can be both challenging and rewarding.
The rules and regulations that govern family court proceedings play a
crucial role in ensuring that justice is served and that the rights of all
parties involved are protected.

At the heart of family court proceedings in the Philippines is the

protection and well-being of families and children. The rules of
procedure are designed to address issues such as marriage, adoption,
child custody, support, and other related matters. Understanding and
adhering to these rules is essential for legal practitioners, as well as
individuals navigating the family court system.
Key RULES OF PROCEDURE IN FAMILY COURTS PHILIPPINES

Rule Description

Rule on Declaration of This rule governs the

Absolute Nullity of annulment of marriages that
Void Marriages and are considered void or
Annulment of voidable under Philippine
Voidable Marriages law.

Rule Adoption This rule outlines the

procedures for adopting a
child in the Philippines,
ensuring the best interests
of the child are protected.

Rule on Violence This rule provides

Against Women and protection for women and
their Children children who are victims of
violence, including legal
remedies and support
services.

These are just a few examples of the rules that govern family court
proceedings in the Philippines. Each rule is designed to address specific
family-related issues and provides a framework for legal practitioners to
follow when representing their clients.

The Impact of Family Court Procedures

In the Philippines, family court procedures have a direct impact on the

lives of individuals and families. By following the rules of procedure,
legal professionals can help ensure that their clients receive fair and just
outcomes in their family law cases. Example, in a case in 2019, the of
the Rule on Violence Against Women and their Children led a increase
the number cases and successful prosecution perpetrators violence
against women their children.

Navigating Family Court Procedures

Navigating family court procedures in the Philippines requires a deep

understanding of the rules of procedure, as well as a strong commitment
to upholding the rights and welfare of families and children. Legal who
passionate about family can make meaningful by expert and to their
clients. By updated the developments family court and case law, legal
can to for change the family court system.

The rules of procedure in family courts in the Philippines are essential

for ensuring the fair administration of justice in family law cases. By and
to these rules, legal can make significant on the lives their clients
contribute the improvement the family court system. As the landscape to
staying and in for the rights families children is for legal in the
Philippines.

Top 10 Legal about RULES OF PROCEDURE IN FAMILY COURTS

PHILIPPINES

Question Answer

1. What are the The basic rules of procedure in

basic rules of family courts in the Philippines
procedure in are outlined in the Rules of
family courts in the Court and the Family Courts
Philippines? Act. These rules govern the
 filing of cases, conduct of
hearings, and issuance of
judgments in family court
proceedings.

2. Can a non- No, licensed are to parties

lawyer represent a family court cases. Ensures
party in a family legal are with necessary and to
court case? legal standards.

3. What types of Family courts the Philippines

cases are heard in cases to of marriage,
family courts in the separation, nullity marriage,
Philippines? adoption, family-related
matters. Courts to specialized
to family and fair just
resolutions.

4. Are and Yes, and are in family court

mandatory family cases the Philippines. The
court cases? courts parties seek resolutions
these methods to trial, harmony
cooperation families.

5. What are the The steps filing annulment

procedural steps in marriage a family court involve
filing for submission a petition, of
annulment of summons, conferences, trial
marriage in a Each is in the case upholding
family court? rights the involved.
6. Can a family Yes, decisions of family courts
court decision be in the Philippines can be
appealed? appealed to higher courts under
certain circumstances. Allows
to review and that processes
with fairness to law.

7. What the rules Family courts the Philippines

child and in family specific and regarding child
court cases? and aiming the interests the
child. Rules designed
protection care children in
family disputes.

8. Can family Yes, family proceedings be in

proceedings in of of such involving orders harm
urgency? members. The have in to and
such ensuring and resolution.

9. What the for The for representation family

representation court include the of a attorney,
family court cases? with standards, to court These
help competent effective for
involved family disputes.

10. How are assets Assets properties in family

and properties court based equitable taking the
divided in family and of party. The to achieve
court cases? fair just of assets, financial for
involved.
RULES OF PROCEDURE IN FAMILY COURTS PHILIPPINES

Family Courts the Philippines play crucial in family-related and legal for
such marriage, annulment, adoption, custody. These follow rules
procedure to the fair just of brought them. The contract the rules
procedure Family Courts as by Philippine law.

Article 1: Scope The rules of procedure set

Application forth in this contract shall
govern the practice and
procedure in all Family Courts
in the Philippines.

Article 2: Actions Family Courts be by

Commencement filing verified or accompanied
Actions the fees evidence prescribed
law.

Article 3: Service Upon filing complaint petition,

Summons Family Court issue summons
the directing to and their
pleading the period.

Article 4: Conduct All in Family Courts be with

Hearings impartiality fairness, that
parties the to present evidence
arguments.

Article 5: The Family Court render and

 Judgments based the presented in with the
Decisions law, into the interests the and
the of children involved.

How to file for an annulment in the Philippines

In the Philippines, Annulment is a legal process through which married

couples can have their marriage declared void or null and void.
Annulment, unlike divorce, does not terminate a legitimate marriage;
rather, it proclaims that the marriage was void from the start due to
specific grounds.

A divorce law has yet to be enacted in the Philippines, making it the

only state in the world (other than Vatican City) where divorce is illegal.

According to the Family Code of the Philippines, the only way to

dissolve a marriage is through annulment and declaration of nullity of
marriage. To file for annulment, one must submit a petition for
annulment to the Regional Trial Court in the province where the
marriage took place. The process of annulment involves gathering legal
documents such as the marriage certificate and paying a filing fee to the
civil registry where the marriage was registered. The annulment must be
filed within a certain period from the time of the marriage, and the
annulment decree is granted by the court after careful consideration of
the annulment case. As such, legal advice from a solicitor general is
necessary for anyone looking to file for annulment.

This does not mean, however, that couples in the country have no means
of escaping an unhappy marriage. The Philippine equivalent of divorce
is an annulment, which is similar to divorce in many ways but takes
longer and is more difficult to obtain.

Ways to Dissolve a Marriage in the Philippines

In the Philippine setting, there are four ways of having a marriage
dissolved, (1) by filling an annulment on a voidable marriage, (2) filing
a declaration of nullity of marriage on a void marriage, (3) recognition
of a foreign divorce, or (4) death.

Family law governs the dissolution of marriages through various legal

procedures such as the annulment of voidable marriages, filing of a
petition for declaration of nullity, or the recognition of a foreign
divorce. When a marriage is dissolved by filling an annulment on a
voidable marriage, the decree of annulment declares the marriage void
from the beginning as if it never existed. A petition must be filed in the
province or city where the marriage took place, and the complexity of
the case may affect the time it takes for the annulment to become final.

On the other hand, if a declaration of nullity of marriage is filed on a

void marriage, it means that the marriage was invalid from the start due
to grounds for legal separation such as one or both parties being
incapable of consummating the marriage. In the case of a foreign
divorce, the recognition of the divorce in the Philippines also falls
under family law, and the procedures for recognition are found in the
family law of the country.

Finally, when a marriage is ended by death, it is also governed by

family law in terms of distribution of assets and the settling of legal
matters.

Difference between Annulment and Nullity of Marriage in the

Philippines

Difference between an Annulment and a Nullity of Marriage is –

(a) An annulment of marriage annuls or declares a no longer valid

marital union between a husband and a wife. This is different from

(b) a declaration of nullity, which applies to marriages that are void from
the start.
What are the grounds for Petition for Annulment of Marriage (valid
until annulled)?

According to Article 45 of The Family Code of the Philippines, there are

6 legal grounds for the annulment of a marriage:

 Absence of Parental Consent (if either party is at least 18 but

below 21 years old)
 Mental Illness or psychological incapacity
 Fraud
 consent for marriage of either party was obtained by force,
intimidation or undue influence.
 One or the other party was physically incapable of consummating
the marriage, i.e. impotence
 Either party was at the time of marriage afflicted with a sexually-
transmitted-disease (STD) found to be serious and seems to be
incurable

Another ground which is the most common reason cited in an annulment

is the Psychological Incapacity based on Article 26 of the Family
Code, which is broadly defined as the inability of one or both spouses to
comply with basic marital obligations. Accepted manifestations of
psychological incapacity include the refusal of one spouse to live with
the other, an antisocial or narcissistic personality disorder, drug
addiction, unabated alcohol consumption, and others.

What are the grounds for Petition for Declaration of Nullity of

Marriage (void from the very beginning)?

 marriage between parties below 18 years of age (even with

parental consent),
 bigamous or polygamous marriages,
 lack of authority of the solemnizing officer,
 absence of a marriage license
 mistake as to the identity of one of the parties
  subsequent marriages where the declaration of nullity of a previous
marriage was not recorded in the partition or liquidation of the
properties of the spouses or where there was no distribution of the
presumptive legitime of the children with the proper government
registry
 psychological incapacity under Article 36 of the family Code.

Recognition of Foreign Divorce

In recognition of foreign divorce, there is already a divorce decree that

was secured by an alien spouse in a foreign country where divorce is
recognized, and it only needs to be recognized as valid in the
Philippines.

Filing for Annulment Abroad

If you are a citizen of another country, and divorce is allowed under

your national law then you can file a divorce decree. Otherwise, if you
and your ex-spouse are both Filipino citizens, you may file an annulment
or declaration of nullity of marriage. You can file an annulment or
declaration of nullity of marriage even though you are residing abroad,
but you need to have the exact address of your ex-spouse as this will be
the basis for the location/venue of the court to file your petition.

You may still be able to file an annulment abroad provided that all the
documents that will be filed in court will be notarized and apostilled in
the country where you are currently residing. You may also testify via
videoconferencing before the Philippine Embassy/Consulate in the
foreign country where you are currently residing.

In the event that you are a citizen of another country and divorce is
granted, should you file one, and thereafter desire to marry another
Filipino citizen, then you need to have the divorce decree recognized in
the Philippines in order for your marriage to be considered legally
dissolved. The petition for the recognition of foreign decree (divorce)
needs to be filed in the Philippines where your marriage was
solemnized.

What is the process of filing an annulment case or declaration of

nullity of marriage?

The following are the steps you need take in an annulment proceeding:

1. Hire a lawyer
The annulment process involves filing the necessary papers with
the proper courts, as well as several hearings. You will need a
lawyer to accurately draft the legal forms and prepare the
supporting documents, file them with the right body, and represent
you in court hearing.
2. Get a psychological evaluation
If the grounds for annulment is psychological incapacity, the
petitioner must show proof or evidence that the spouse’s
psychological incapacity is severe, incurable, and existed prior to
the marriage. While not a requirement, a professional assessment
by a psychologist or similar practitioner will definitely give
credence to the charge.
3. File the petition for annulment with the proper court
This is typically the Family Court where either the petitioner or
respondent resides six (6) months prior to the filing of the petition.
4. Attend the pre-trial conference
This is a mandatory procedure aimed at dealing with certain issues
to speed up the process. Failure of the petitioner to appear can lead
to the dismissal of the petition.
5. Go through the trial
This is when arguments for and against the annulment are heard.
Several hearings may be needed.
6. Receive the judge’s decision
The decision is considered final after the lapse of fifteen (15) days
from receipt of the Decision if no reconsideration or appeal is
sought by either party.
 7. Registration of Decree
8. Settle asset distribution
Liquidation and separation of assets, child custody, support, and
presumptive legitimises (i.e., the assets the children are entitled to
inherit) and other issues related to the annulment of marriage may
be agreed upon by both parties.

The entire annulment process can take as long as one to two years, or
more. The length of time and the high costs involved in annulment are
two factors that divorce advocates cite in calling for a divorce law in the
Philippines.

Legal Separation
 
Learn more about legal separation, its legal grounds, effects,
requirements, procedure, and cost considerations.
A. Legal Separation, Generally
Legal separation is a legal remedy for couples suffering from a
problematic marriage. In legal separation, the couple is allowed to live
apart and separately own assets. However, legally separated couples are
not permitted to remarry, since their marriage is still considered valid
and subsisting. Legal separation dissolves the property relations of the
spouses and removes the guilty party’s capacity to inherit from the
innocent party. The grounds for legal separation may have arisen after
the marriage, and may be filed on the following grounds: (1) repeated
physical violence or grossly abusive conduct directed against the
petitioner, a common child, or a child of the petitioner; (2) physical
violence or moral pressure to compel the petitioner to change religious
or political affiliation; (3) attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner, to engage in
prostitution, or connivance in such corruption or inducement; (4) final
judgment sentencing the respondent to imprisonment of more than 6
years, even if pardoned; (5) drug addiction or habitual alcoholism of the
respondent; (6) lesbianism or homosexuality of the respondent;
(7) contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad; (8) sexual infidelity or perversion;
(9) attempt by the respondent against the life of the petitioner; or
(10) abandonment of petitioner by respondent without justifiable cause
for more than 1 year.
Legal separation is different from the declaration of nullity of
marriage applies to marriages that are null and void from the beginning
(void ab initio), due to the absence of at least one of the essential or
formal requisites of marriages. Legal separation is also different from
the annulment of marriage, which considers the marriage valid and
existing until it is annulled.
Legal separation is different from judicial separation of property, which
is a distinct legal remedy for a party to a marriage seeking to
immediately address issues involving their conjugal properties. The
grounds for judicial separation of property are: (1) the spouse of the
petitioner has been sentenced to a penalty which carries with it civil
interdiction; (2) the spouse of the petitioner has been judicially declared
an absentee; (3) loss of parental authority of the spouse of petitioner has
been decreed by the court; (4) the spouse of the petitioner has
abandoned the latter or failed to comply with his or her obligations to
the family; (5) the spouse granted the power of administration in the
marriage settlements has abused that power; and (6) at the time of the
petition, the spouses have been separated in fact for at least 1 year and
reconciliation is highly improbable.
Essentially, legal separation affects both person and property, while
separation of property affects property relations only. Legal separation
cannot be decreed based on the agreement of parties, while separation of
property may be effected by agreement of the parties, subject to judicial
approval.
B. Effects of Legal Separation
Below are the legal consequences of legal separation:
1. Separation. The spouses shall be entitled to live separately from each
other, but the marriage bonds shall not be severed.
2. Property Relations. The absolute community of property (ACP) or
the conjugal partnership of gains (CPG), as the case may be, shall be
dissolved and liquidated. The court, in the absence of a written
agreement between the spouses, shall designate either of them or a third
person to administer the absolute community or conjugal partnership
property. The administrator appointed by the court shall have the same
powers and duties as those of a guardian.
3. Custody of Children. The custody of the minor children shall be
awarded to the innocent spouse, but no child under 7 years shall be
separated from the mother unless there are compelling reasons.
During the pendency of the action, the custody of children will be
governed either by written agreement, or by court order, based on the
best interest of the child. The court will apply the following order of
preference, both parents jointly: (a) either parent (may consider the
choice of child over 7 years) unless such parent is considered unfit, (b)
surviving grandparent (if several, then choice of child over 7 years,
unless grandparent chosen is unfit/disqualified), (c) eldest brother/sister
over 21 unless unfit/disqualified, or (d) any other person deemed
suitable by the court.
4. Support. During the pendency of the action, child and spousal
support will be governed by either written agreement, or in the absence
thereof, from the ACP/CPG. After decree, either parent or both may be
ordered by the court to given an amount necessary for support in
proportion to resources/means of giver and necessities of the recipient.
Spousal support is considered as an advance to be deducted from the
share of the spouse supported during liquidation. There may be
restitution of spousal support if after decree, the court finds that the
person providing support pendente lite is not liable therefor. Please note
that a judgment granting support never becomes final. It may be adjusted
or modified according to circumstances and the spouse’s financial
capability.
5. Succession. The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate succession. Moreover,
provisions in favor of the offending spouse made in the will of the
innocent spouse shall be revoked by operation of law.
Within 5 years from the time the decree of legal separation has become
final, the innocent spouse may revoke the donations made by him or by
her in favor of the offending spouse, as well as the designation of the
latter as a beneficiary in any insurance policy, even if such designation
be stipulated as irrevocable. Alienations, liens and encumbrances
registered in good faith before the recording of the complaint for
revocation in the registries of property shall be respected. The revocation
of or change in the designation of the insurance beneficiary shall take
effect upon written notification thereof to the insured.
Please note that in judicial separation of property, the spouses’ mutual
obligation to support each other continues. Furthermore, there is no
disqualification to inherit, nor revocation of donations or designation as
beneficiary in insurance policies, unlike in legal separation.
C. Outline of Steps
Below is a general outline of the steps in an action for legal separation.
Please note that in some instances, these steps may not be followed.
1. Preparation of the Petition. The petition shall allege the complete
facts constituting the cause of action. It shall state the names and ages of
the common children of the parties and specify the regime governing
their property relations, as well as the properties involved.
If there is no adequate provision in a written agreement between the
parties, the petitioner may apply for a provisional order for spousal
support, custody and support of common children, visitation rights,
administration of community or conjugal property, and other matters
similarly requiring urgent action.
2. Filing of Petition. The petition is filed with the Regional Trial Court.
Cases involving marriage and family matters will be raffled only to
designated Family Courts. This will take about a week. After the raffle,
the petition will be forwarded to the selected court.
The petitioner shall serve a copy of the petition on the Office of the
Solicitor General (OSG) and the Office of the City or Provincial
Prosecutor (OCP/OPP), within 5 days from the date of its filing and
submit to the court proof of such service within the same period.
After the filing of the petition for legal separation, the spouses shall be
entitled to live separately from each other.
3. Summons. The court will issue summons one or two weeks after the
case is raffled. Where the respondent cannot be located at his given
address or his whereabouts are unknown and cannot be ascertained by
diligent inquiry, service of summons may, with the permission of the
court, be effected upon him by publication once a week for two
consecutive weeks in a newspaper of general circulation in the
Philippines and in such places as the court may order.
4. Answer. The respondent shall file his answer within 15 days from
service of summons, or within 30 days from the last issue of publication
in case of service of summons by publication.
5. Cooling-Off Period. An action for legal separation shall in no case be
tried before 6 months shall have elapsed since the filing of the petition.
6. Mediation/Reconciliation. No legal separation may be decreed
unless the court has taken steps toward the reconciliation of the spouses
and is fully satisfied, despite such efforts, that reconciliation is highly
improbable.
7. Collusion Hearing. In any case, the court shall order the prosecuting
attorney assigned to the case to take steps to prevent collusion between
the parties and to take care that the evidence is not fabricated or
suppressed.
If the public prosecutor finds that collusion exists, he shall state the basis
thereof in his report. The parties shall file their respective comments on
the finding of collusion within 10 days from receipt of a copy of the
report. The court shall set the report for hearing and if convinced that the
parties are in collusion, it shall dismiss the petition.
If the public prosecutor reports that no collusion exists, the court shall
set the case for pre-trial. It shall be the duty of the public prosecutor to
appear for the State at the pre-trial.
8. Preliminary Hearing/ Pre-Trial Order. The court will hold a
preliminary hearing, which requires both parties to attend. A pre-trial
order will be issued. Usually the preliminary hearing is called about two
to four months after the filing of the petition.
9. Please note that no legal separation shall be based upon a stipulation
of facts or a confession of judgment. The petitioner must present his/her
evidence on the grounds for legal separation. For the respondent’s part,
s/he may raise the following defenses: (1) condonation; (2) consent; (3)
connivance; (4) recrimination; (5) collusion; and (6) prescription.
The number witnesses will depend on the case, but usually, one to two
witnesses will be enough, if the case is not contested (meaning, the
respondent will not object). The witnesses will be the petitioner
herself/himself and one collaborating witness.
10. Decision. The Court will then issue an order that the case is
submitted for resolution. The decision may be released 30-90 days after
the said order is issued.
11. Decree of Legal Separation. The court shall issue the decree
of legal separation after: (a) registration of the entry of judgment
granting the petition for legal separation in the Civil Registry where the
marriage was celebrated and in the Civil Registry where the Family
Court is located; and (b) registration of the approved partition and
distribution of the properties of the spouses, in the proper Register of
Deeds where the real properties are located. The court shall quote in the
Decree the dispositive portion of the judgment entered and attach to the
Decree the approved deed of partition.
An action for legal separation may be finished from 10 months or
several years depending on various factors like the complexity of the
case (e.g. properties and custody, support, etc. are heavily contested),
availability of the court, witnesses and documentary evidence, and also
the place where the petition will be filed.
D. Requirements and Costs
Below is a list of some of the requirements before filing a petition for
legal separation:
 NSO copy of marriage certificate of the spouses and birth
certificates of the children (obtained within 6 months from the filing
of the petition)
 Barangay certificate and Community Tax Certificate evidencing
residence over the last 6 months of the province or city where the
petition will be filed
 Copy of marriage settlement or pre-nuptial agreement, if any
 Copy of agreement, if any, relating to custody, support, etc.
 Inventory of properties of the spouses and of the ACP or CP (Please
see questionnaire or other document request list of the counsel)
 List of witnesses (Please see questionnaire to be provided by the
counsel)
  Other documentary or object evidence
The major cost components of an action for legal separation include the
following:
1. Filing Fee (Under PhP10,000.00, if no properties are involved;
higher, if there are properties involved);
2. Legal Fees (Acceptance Fee, Pleading Fees, Appearance Fees);
3. Costs and Other Charges (call charges, photocopying and other
reproduction costs, delivery fees, postage, and other similar items)
Disclaimer: All of the information on this website is provided as general
information, not as legal advice, nor as a solicitation for legal services.
The information is not provided in the course of an attorney-client
relationship between Atty. Salma F. Angkaya-Kuhutan and anyone who
views it. Viewers should not rely on the information contained in this
website when making decisions regarding legal matters but should
consult a qualified attorney for legal advice. You should not act based
solely on the information found on this website and are strongly advised
to seek the legal opinion of a lawyer.
You may contact the Attorney through the information provided on this
website if you are interested in the legal representation, counseling, and
related legal services that we provide.
Child custody under Philippine law
Question:
How can I file a petition for child custody under Philippine law?

Answer:

DETERMINE ELIGIBILITY FOR CUSTODY

Before filing a petition for child custody, determine if you are eligible to
gain custody of the child. In the Philippines, custody generally goes to
the mother for children under seven years old, according to Article 213
of the Family Code. However, in certain circumstances, fathers or other
family members can also petition for custody.

CONSULT A FAMILY LAWYER

It's advisable to consult a family lawyer experienced in child custody
cases in the Philippines. The lawyer will guide you through the legal
process, paperwork, and court hearings. They will also help you
understand your rights and obligations as a parent.

PREPARE NECESSARY DOCUMENTS

Gather all essential documents such as:

 Birth certificates of the child(ren)

 Marriage certificate (if applicable)
 Evidence of financial stability (e.g., employment records, tax
returns)
 Proof of a stable living environment
 Any evidence of abuse or neglect by the other parent
 Medical records of the child(ren)
 Affidavits from witnesses who can vouch for your suitability as a
custodial parent
FILE THE PETITION

The petition for child custody is formally known as a Petition for Habeas
Corpus in relation to Custody of Minors. This should be filed in the
Family Court of the city or province where the child resides or is found.
The petition aims to produce the minor and let the court decide who
should have custody.

ATTEND COURT HEARINGS

Once the petition is filed, you will receive a summons to attend court
hearings. During these hearings, both parties will present their evidence
and arguments.

UNDERTAKE MEDIATION
Philippine family courts often require mediation between the two parties
before making a final decision. The court will assess the results of the
mediation in determining custody.

COURT'S DECISION

Based on the evidence, the court will issue a decision awarding custody
to the parent who is better suited to raise the child, factoring in the
child's best interest.

COMPLY WITH THE COURT'S REQUIREMENTS

Once custody is granted, you may be required to submit periodic reports

to the court, proving your compliance with the court's conditions. You
may also have to coordinate with the other parent regarding visitation
rights.

CONCLUSION

Filing for child custody in the Philippines is a complex process that

requires a solid understanding of the law and an ability to prove you are
the better-suited parent. It's often a lengthy and emotionally draining
process. Legal assistance from a qualified family lawyer is strongly
recommended to navigate this intricate legal terrain effectively.

RA 9262: the Anti-Violence Against Women and their

Children Act of 2004

Frequently Asked Questions

What is RA9262 or the Anti-Violence Against Women and Their

Children Act of 2004?
It is a law the seeks to address the prevalence of violence against women
and their children (VAWC) by their intimate partners like their husband
or ex-husband, live-in partner or former live-in partner,
boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or
former dating partner.

What is Violence Against Women and Their Children under

RA9262?

It refers to any act or a series of acts committed by an intimate partner

(husband, ex-husband, live-in partner, boyfriend/girlfriend, fiance, who
the woman had sexual/dating relationship):

 against a woman who is his wife, former wife;

 against a woman with whom the person has or had a sexual or
dating relationship,
 against a women with whom he has a common child;
 against her child whether legitimate or illegitimate within or
without the family abode,

Of which results 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.

What are the acts of violence which are covered under R.A. 9262?

R.A. 9262 covers several acts of violence, which are:

 Physical Violence – acts that include bodily or physical harm

(battery)
  causing/threatening/attempting to cause physical harm to the
woman or her child;
 placing the woman or her child in fear of imminent physical
harm
 Sexual Violence – the acts which are sexual in nature committed
against a woman or her child. It includes, but is not limited to:
 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 him or her 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.
 Causing or attempting to make the woman or her child to
perform sexual acts (that do not constitute Rape) by use of
force, threats, intimidation directed against the woman, her
child, or her immediate family.
 Prostituting the woman or her child.
 Psychological Violence – Acts or omissions causing or likely to
cause mental or emotional suffering of the victim which includes,
but is not limited to the following:
 Controlling or restricting the woman’s or her child’s
movement or conduct
 Threatening to or actually depriving the woman or her
child of custody or access to her/his family;
 Depriving or threatening to deprive the woman or her
child of a legal right;
 Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, e.g. repeated verbal
and emotional abuse, and denial of financial support or
custody or minor children or denial of access to the woman’s
child/children
  Threatening or actually inflicting physical harm on oneself
for the purpose of controlling the woman’s actions or
decisions;
 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.
 Causing substantial emotional or psychological distress to the
woman or her child:
 Stalking or following the woman or her child in public
or private places;
 Peering in the window or lingering outside the
residence or the woman or her child;
 Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will;
 Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child;
 Engaging in any form of harassment or violence
 Economic Abuse – Acts that make or attempt to make a woman
financially dependent upon her abuser, which includes, but is not
limited to the following:
 Preventing the woman 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;
 Controlling the woman’s own money or property; or solely
controlling the conjugal or common money/properties;
 Destroying household property;

Define children as used under R.A. 9262.

“Children” refers to those below eighteen (18) years of age or older but
are incapable of taking care of themselves as defined under Republic Act
No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.

Define dating relationship as used under R.A. 9262.

It is a situation wherein the parties live as husband and wife without the
benefit of marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A casual
acquaintance or ordinary socialization between two individuals in a
business or social context is not a dating relationship.

Define sexual relations as used under R.A. 9262.

It refers to a single sexual act which may or may not result in the bearing
of a common child.

Define “Battered Woman Syndrome” as used under R.A. 9262

It refers to a scientifically defined pattern of psychological and

behavioral symptoms found in battered women as a result of a long
history of abuse.

RA 9262 acknowledges that women who have retaliated against their

partner or who commit violence as a form of self-defense may have
suffered from Battered Woman Syndrome (BWS). Any victim who
suffers from BWS should be diagnosed by a Psychiatric expert or a
clinical psychologist. This will also help the victim in obtaining a just
decision in her case. The law does not allow the offender to have
custody of minor children. Their care is entrusted to the woman even if
she is found to have BWS.

Who are the persons protected by R.A. 9262?

The law recognizes the unequal relations between a man and a woman in
an abusive relationship where the woman is usually at a disadvantage.

The following are the persons who are protected by R.A. 9262:

 Wife
 Former Wife
 A woman with whom the offender has or had sexual relations with
 A woman with whom the offender has a common child with
 The legitimate or illegitimate child of the woman within or without
the family abode

Is VAWC committed by men alone?

Women can also be liable under the law. These are the lesbian
partners/girlfriends or former partners of the victim with whom she has
or had a sexual or dating relationship.

What if the male spouse/partner complains about abuses committed

by his wife/partner?

He may file a complaint or case under the Revised Penal Code.

What can women and children do under R.A. 9262?

Under the law, the offended party may file a criminal action, or apply for
a Protection Order either as an independent action or as an incident in
civil or criminal action and other remedies.

Who may file a complaint under R.A. 9262?

Any citizen having personal knowledge of the circumstances involving

the commission of the crime may file a complaint because violence
against women and their children is considered a PUBLIC crime.

Where should cases for VAWC be filed?

Cases may be filed in the Regional Trial Court designated as FAMILY

COURT of the place where the crime was committed. These courts
have original and exclusive jurisdiction over these cases.

What are the penalties for committing VAWC?

Offenders proven in court to be guilty of the crime shall be penalized

with: imprisonment ranging from 1 month and 1 day to 20 years
payment of P100,000 to P300,000 in damages mandatory psychological
counseling or psychiatric treatment.
What is the prescriptive period for a complainant to file a
complaint?

The criminal complaint may be filed within twenty (20) years from the
occurrence or commission for the following acts:

 Causing physical harm to the woman or her child

 Threatening to cause the woman or her child physical harm
 Attempting to cause the woman or her child physical harm
 Placing the woman or her child in fear of imminent physical harm
 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 to 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 her
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:
 Threatening to deprive or actually depriving the woman or
her child of custody or access to her/his family
 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
 Depriving or threatening to deprive the woman or her child
of a legal right
 Preventing the woman in engaging in any legitimate
profession, occupation, business or activity, or controlling the
victim’s own money or properties, or solely controlling the
conjugal or common money, or properties
 Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions
  The criminal complaint may be filed within ten (10) years from the
occurrence or commission for the following acts:
 Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute rape,
by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his immediate family
 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:
 Stalking or following the woman or her child in public
or private places
 Peering in the window or lingering outside the
residence of the woman or her child
 Entering or remaining in the dwelling or on the
property of the woman or her child against her/his will
 Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her
child
 Engaging in any form of harassment or violence
 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 or denial of
access to the woman’s child/children.

What is a protection order?

A protection order is an order issued under this act for the purpose of
preventing further acts of violence against women or her child. And
granting other relief as may be needed. The relief granted under a
protection order serve the purpose of safeguarding the victim from
further harm, minimizing any disruption in the victim’s daily life, and
facilitating the opportunity and ability of the victim to independently
regain control of her life. The provisions of the protection order shall be
enforced by law enforcement agencies.

What are the various kinds of protection orders?

The various kinds of protection orders are:

 Barangay Protection Orders (BPO) refer to the protection order

issued by the Punong Barangayordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of R.A. 9262.
BPO shall be effective for 15 days.
 Temporary Protection Orders (TPO) refers to the protection order
issued by the court on the date of the filing of the application
after ex parte determination that such order should be issued. The
court may grant in a TPO any, some or all of the reliefs mentioned
in R.A. 9262 and shall be effective for thirty (30) days. The court
shall 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.
 Permanent Protection Order (PPO) refers to the protection order
issued by the court after notice and hearing. The court shall not
deny the issuance of protection order on the basis of the lapse of
time between the act of violence and the filing of the application.
PPO shall be effective until revoked by the court upon application
of the person in whose favor it was issued.

Where can I apply for a protection order?

Application for a protection may be filed with the appropriate Regional
Trial Court/Family Court or Municipal Court where the petitioner
resides in case of Temporary Protection Order (TPO) and Permanent
Protection Order (PPO), respectively. Barangay Protection Order may be
applied for in the Barangay where the applicant resides or in accordance
with Section 409 of the Local Government Code of 1991.

Who may file a Petition for Protection Orders?

A petition for Protection Order may be filed by the following:

 The offended party

 The parents or guardians of the offended party
 The ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity or affinity
 Officers or social workers of the DSWD or social workers of local
government units (LGUs)
 Police officers, preferably those in charge of women and children’s
desks
 Punong Barangay or Barangay Kagawad
 Lawyer, counselor, therapist or healthcare provider of the
petitioner
 At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed

How can I apply for a protection order?

The application of the Protection Order must be in writing, signed and

verified under oath by the applicant. A standard protection order
application form, written in English with translation to the major
languages, which is readily available, shall contain the following
information:

 Names and addresses of the petitioner and the respondent

 Description of relationships between the petitioner and respondent
 Statement of the circumstances of abuse
 Description of the reliefs requested by the petitioner
 Request for counsel and reasons for such
 Request for waiver of application fees until hearing
 An attestation that there is no pending application for a protection
order in another court

What can the woman do if the barangay official failed or refused to

issue the BPO within 24 hours from application?

 She can file an administrative complaint against the barangay

official for failure to perform his/her duties. The complaint must be
filed with the Sangguniang Panglunsod or Bayan.
 She can go to the police station to complain against the perpetrator.
 She can go to the Clerk of Court of the Family Court where she
lives and request assistance in filing for a Protection Order.

Where can the protection order be enforced?

The Temporary Protection Order and the Permanent Protection Order

are enforceable anywhere in the Philippines.

Can the barangay officials mediate or conciliate?

No. Conciliation and mediation of acts of violence against women and
their children are not allowed under this law Sec. 33, R.A. 9262
amended sections 410-413 of the Local Government Code. The
barangay officials, police or social workers should not attempt to
mediate or influence the woman to give up her legal action or
application for a BPO, TPO or PPO.

My husband had been cheating on me for over three years now with
various women. Is there a way I can apply VAW in filing a case
against him?

The acts of your husband cheating on you have caused you mental and
emotional suffering. Such acts may be a ground for the filing of a VAW
case for “psychological violence”.

My boyfriend has been hurting me every time we fight and even

threatens to kill me. Can I file a case against him for VAW?

Yes. Physical violence against the woman as well as threatening to

inflict physical harm on a woman for the purpose of controlling her
actions or decisions is deemed as an act of violence against women.

My ex-husband has stopped giving me and our daughter support

since 2009. Can I file a case against him for VAW?

Yes, you may file a case for VAW against him as his act of withdrawing
financial support. His act of refusing to give financial support to you or
your daughter constitutes “Economic Abuse.”
I have been in an abusive relationship for quite some time. Can I file
a case against him considering his abuse was irregular?

Yes, you can file a case against him. A woman who had a sexual or
dating relationship with her assailant and whom the assailant has a
common child may file a case against the latter for physical violence.

I am a lesbian and I have been in an abusive relationship with

another woman since 2009. Can I file a case against her, even
though she is a woman?

Acts of violence covered by VAW may be committed by any person

with whom the victim has an intimate relationship with like the woman’s
husband, ex-husband, live-in partner, ex-live-in partner, boyfriend, ex-
boyfriend, girlfriend, ex-girlfriend, etc., Thus the offense may be
committed by a man or a woman with whom the victim has or had a
sexual relationship with.

I am a husband who has been mentally, verbally and emotionally

abused by my wife. Can I file a case against my wife using VAW?

No. VAWC has been primarily meant for the protection of women and
children. It cannot be used by men to charge their wives or partners. You
may file a complaint or case under the Revised Penal Code.
I have 3 minor children with my husband. I wish to file a case
against him. What would be the impact upon my children, esp. if he
asks for custody?

As a victim of violence, you are entitled to the custody of your three

children. The woman victim of violence shall be entitled to the custody
and support of her child/children. Children below seven (7) years old or
older with mental or physical disabilities shall automatically be given to
the mother, with right to support, unless the court finds compelling
reasons to order otherwise. (Section 28 of the R.A. 9262).

I’ve been running in fear from my husband for 3 months because he

threatened to kill me. What can I do?

If you have been threatened, you may apply for a Barangay Protection
Order (BPO) from the barangay of your place of residence. The
application must be in writing, signed and verified and it will be
effective for fifteen days.

As a Battered Woman, is there a chance I might lose custody of my

children?

No, suffering from Battered Woman Syndrome will not automatically

disqualify you from having custody of your children unless the court has
some other compelling reasons not to award custody of the children to
you.

If custody of my children is not awarded to me, is there any chance

that they might be given to my husband?
No. VAWC explicitly states that in no case shall the custody of the
children will be given to the perpetrator of the battered woman
syndrome

What is the liability of a news reporter covering a pending court

case for violation of the Anti-VAWC Act if he or she includes in the
TV report the name and face of the woman, and other information
without her consent?

The reporter can be liable for contempt of court. All records pertaining
to cases of VAWC are confidential. The court may also impose a penalty
of one (1) year imprisonment and a fine not more than Five Hundred
Thousand Pesos (P500,000.00).