Republic Act 9262 or the Anti-Violence Against Women and Children Act on 2004 was signed into law by then President Gloria Macapagal Arroyo on March 08, 2004. RA 9262’s full title – “An Act Defining Violence Against Women and their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore and for other purpose – summarizes the content of said law that is (1) Define Violence Against Women and their Children; (2) Provide Protective Measures for the Victims of VAWC; and (3) Prescribe the Necessary Penalties to be imposed against the aggressor.
Thus, in this week’s column, our discussion is centered on RA 9262 or the Anti VAWC law, the law that seeks to address the abuses that were committed against Filipino women and their children and provide for their protection.
At the outset, Violence against Women and their Children, as defined under Section 3 of the said law, refers to any act or 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 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.
To clear the common misconception that RA 9262 covers or applies to all types and forms of violence committed against a woman, it is worthy to state that said law may only be invoke if the aggressor or person who committed such violence is (1) the husband or former husband; (2) has or had a sexual or dating relationship with the victim woman. Thus, it is a pre-requisite that the aggressor and the victim has or had some sort of marital, sexual or dating relationship.
Dating relationship refers to 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. Sexual relations refers to a single sexual act which may or may not result in the bearing of a common child.
Section 3 of RA 9262 defines four (4) types of violence: (1) Physical Violence; (2) Sexual Violence; (3) Psychological or Emotional Violence; and (4) Economic Violence.
Physical Violence refers to acts that include bodily or physical harm. Sexual Violence refers to an act which is sexual in nature, committed against a woman or her child. Psychological Violence refers to acts or omission causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, public ridicule or humiliation, repeated verbal abuse and marital infidelity. Lastly, Economic Violence includes withdrawal of financial support, preventing the victim from engaging in any legitimate profession or occupation and deprivation and threat of deprivation of financial resources.
Section 5 of RA 9262 enumerates the acts of Violence against Women and their Children. Out of all the acts of violence enumerated under Section 5 thereof, I considered Section 5(i) to be the most prevalent form of abuse. Section 5(i), to wit: “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.
And from those stated in Section 5(i), I deemed “denial of financial support” the most common form of violence or abuse which Filipino women are being subjected. Willful denial to provide for financial and legal support as mandated under Articles 194 and 195 of the Family Code.
However, in the landmark case of Acharon v. People, the Supreme Court interpreted Section 5 (i) as regards denial of financial support, in this wise: “It is not enough, therefore, for the woman to experience mental or emotional anguish, or for her partner to deny financial support that is legally due her. In order for criminal liability to arise under Section 5 (i) of R.A. 9262, insofar as it deals with “denial of financial support,” there must, therefore, be evidence on record that the accused willfully or consciously withheld financial support legally due the woman for the purpose of inflicting mental or emotional anguish upon her.
xxx In other words, to be punishable by Section 5(i) of R.A. 9262, it must ultimately be proven that the accused had the intent of inflicting mental or emotional anguish upon the woman, thereby inflicting psychological violence upon her, with the willful denial of financial support being the means selected by the accused to accomplish said purpose. This means that the mere failure or one’s inability to provide financial support is not sufficient to rise to the level of criminality under Section 5(i), even if mental or emotional anguish is experienced by the woman. Even if the woman were to suffer mental or emotional anguish due to the lack of financial support, but the accused merely failed or was unable to so provided support, then criminal liability would not rise. A contrary interpretation to the foregoing would result in absurd, if not outright unconstitutional, consequences.”1