Yesterday, a client visited me to ask my advice about her husband who has been having an affair with another woman for more than a year now. Of course, because I am also a woman, I can't help myself from sympathizing with her. FYI, majority of the people who ask for legal advice are wives who were abandoned by their husbands without support or any means of livelihood. This is a good start to discuss RA 9262 or the Anti-VAWC Law. RA 9262 became a law on March 8, 2004. It is a beautiful law intended to safeguard the rights of women and children.
Q: What are the remedies available to woman who was abandoned by her husband under RA 9262?
A: A wife has 3 options:
1. file a civil case for damages with protection order for support;
2. file a criminal case for psychological violence/sexual violence with protection order for support; or
3. just file a protection order for support.
Q: Do u still have undergo a barangay conciliation before you go to court?
A: NO, RA 9262 cases are not under the Brgy. Justice System, hence no conciliation is necessary.
Q: What would be the result if a protection order for support was given?
A: The court will order the man and the employer to set aside a certain percentage of the man's salary to be remitted directly to the woman.
Q: How can you avail of support under RA 9262?
A: Ask the court (RTC) to issue a protection order under Sec. 8, par. g of RA 9262.
Q: Can a Protection Order include a provision for custody of minor child?
A: Yes, a protection order once granted may include the custody of minor children under Sec. 8, par. f.
Q: What is the basis for asking support under RA 9262?
A: It is provided in Sec. 5, par. e, subpar. 2 of RA 9262. It provides there that it is crime to deprive or threaten 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.
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