FAMILY-RELATED LAWS

(selected parts only)

Family Courts' Exclusive and Original Jurisdiction

[1] Criminal cases where one or more of the accused is below eighteen (18) years of
age but not less than nine (9) years of age, when one or more of the victims is a minor
at the time of the commission of the offense: Provided, That if the minor is found guilty,
the court shall promulgate sentence and ascertain any civil liability which the accused
may have incurred. The sentence, however, shall be suspended without need of
application pursuant to Presidential Decree No. 1903, otherwise known as “The Child
and Youth Welfare Code;” (RA 8369 [Family Courts Act of 1997])

[2] Petitions for guardianship, custody of children, habeas corpus in relation to the
latter; (Sec. 3, A.M. No. 03-04-04-SC, effective May 15, 2003; Sec. 3, A.M. No. 03-02-
05-SC, effective April 15, 2003)

[3] Petitions for adoption of children and the revocation thereof; (Secs. A.20 and
B.28, A.M. No. 02-6-02-SC, effective August 22, 2002; See also Rep. Act No. 9523 or
“An Act Requiring Certification of the Department of Social Welfare and Development to
Declare A Child ‘Legally Available for Adoption’ as a Prerequisite for Adoption
Proceedings, Amending for this Purpose Certain Provisions of Republic Act No. 8552,
otherwise known as The Domestic Adoption Act of 1998, Republic Act No. 8043,
otherwise known as The Inter-Country Adoption Act of 1995, Presidential Decree No.
603, otherwise known as The Child and Youth Welfare Code, and for Other Purposes,”
approved on March 12, 2009)

[4] Complaints for annulment of marriage, declaration of nullity of marriage, and

those relating to marital status and property relations of husband and wife or
those living together under different status and agreements, and petitions for
dissolution of conjugal partnership of gains; (Sec. 2, A.M. No. 02-11-10-SC, effective
March 15, 2003)

[5] Petitions for involuntary commitment of a child, for removal of custody against
child-placement or child-caring agency or individual, and for commitment of
disabled child; (Secs. 4[b], 5[a][ii], 6[b], A.M. No. 02-1-19-SC, effective April 15, 2002)

[6] Cases against minors cognizable under Rep. Act No. 9165, or “The
Comprehensive Dangerous Drugs Act of 2002;” (See also A.M. No. 07-8-2-SC,
effective November 5, 2007)
[7] Violation of Rep. Act No. 7610 [1991], otherwise known as the “Special Protection
of Children Against Child Abuse, Exploration and Discrimination Act,” as amended by
Rep. Act No. 7658 [1993] and as further amended by Rep. Act No. 9231 [2003];

[8] RA 9775 [Anti-Child Pornography Act of 2009]

[9] Cases of violence against women and their children under Rep. Act No. 9262,
otherwise known as “Anti-Violence Against Women and their Children Act of
2004,” including applications for Protection Order under the same Act;

[10] Expanded Seniors Citizens Act of 2010

++++
 REFERENCE:

1. AM NO. 02-1-18-SC

Criminal cases where one or more of the accused is below eighteen (18) years of age
but not less than nine (9) years of age, when one or more of the victims is a minor at the
time of the commission of the offense:

Provided, That if the minor is found guilty, the court shall promulgate sentence
and ascertain any civil liability which the accused may have incurred. The
sentence, however, shall be suspended without need of application pursuant to
Presidential Decree No. 1903, otherwise known as “The Child and Youth Welfare
Code;” (RA 8369 [Family Courts Act of 1997])

A.M. NO. 02-1-18-SC             February 28, 2002

RULE ON JUVENILES IN CONFLICT WITH THE LAW

Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases
involving juveniles in conflict with the law.

A juvenile in conflict with the law is a person who at the time of the commission of the
offense is below eighteen (18) years of age but not less than nine (9) years of age.

This Rule shall not apply to an accused who at the time of initial contact as defined in
Section 4(p) of this Rule, or at any time thereafter, shall have reached the age of
eighteen (18), in which case the regular rules on criminal procedure shall apply without
prejudice to the rights granted under Sections 36, 37, 38
2. Petitions for guardianship, custody of children, habeas corpus in
relation to the latter; (Sec. 3, A.M. No. 03-04-04-SC, effective May 15, 2003; Sec. 3,
A.M. No. 03-02-05-SC, effective April 15, 2003)

RULE ON CUSTODY OF MINORS AND WRIT OF HABEAS CORPUS

IN RELATION TO CUSTODY OF MINORS

SECTION 1. Applicability. - This rule shall apply to petitions for custody of minors and
writs of habeas corpus in relation thereto.

The Rules of Court shall apply suppletorily.

Section 2. Petition for custody of minors; who may file.- A verified petition for the
rightful custody of a minor may be filed by any person claiming such right. The party
against whom it may be filed shall be designated as the respondent.

Section 3. Where to file petition. - The petition for custody of minors shall be filed with
the Family Court of the province or city where the petitioner resides or where the minor
may be found.

Section 4. Contents of petition. - The verified petition shall allege the following:

(a) The personal circumstances of the petitioner and of the respondent;

(b) The name, age and present whereabouts of the minor and his or her relationship
to the petitioner and the respondent;

(c) The material operative facts constituting deprivation of custody; and

(d) Such other matters which are relevant to the custody of the minor.

The verified petition shall be accompanied by a certificate against forum shopping,

which the petitioner must sign personally.
3. Petitions for adoption of children and the revocation thereof;

(Secs. A.20 and B.28, A.M. No. 02-6-02-SC, effective August 22, 2002;

See also Rep. Act No. 9523 or “An Act Requiring Certification of the Department of
Social Welfare and Development to Declare A Child ‘Legally Available for Adoption’ as a
Prerequisite for Adoption Proceedings, Amending for this Purpose Certain Provisions of
Republic Act No. 8552, otherwise known as The Domestic Adoption Act of 1998,
Republic Act No. 8043, otherwise known as The Inter-Country Adoption Act of 1995,
Presidential Decree No. 603, otherwise known as The Child and Youth Welfare Code,
and for Other Purposes,” approved on March 12, 2009)

SC Issues Revised Domestic Adoption Guidelines (June 21, 2022)

Following the enactment of RA 11642, or the Domestic Administrative Adoption and
Alternative Child Care Act, the Supreme Court has issued guidelines on the
implications of the law on the Rule on Adoption.

In an En Banc Resolution, the Court adopted the recommendations of the Committee

on Family Courts and Juvenile Concerns, as follows:

1. Upon effectivity of RA 11642 (January 6, 2022), courts may no longer receive

or accept petitions for domestic adoption. Jurisdiction over domestic
adoption cases shall now be with the newly created National Authority
for Child Care (NACC), a quasi-judicial agency attached to the Department of
Social Welfare and Development.
2. Adoptions proceedings are now administrative.
3. Petitioners have the option to immediately withdraw judicial petitions for
domestic adoption pending in court, regardless of the stage of the
proceedings. Otherwise, the courts shall continue to hear and decide such
petitions.
4. The courts shall give petitioners time to manifest their intent to withdraw. If
petitioners fail to notify the court within the set period, they are considered to
have waived the option to withdraw their petitions.
5. Petitioners, and their respective counsels, who avail of the benefits of RA
11642 without first withdrawing their pending petitions before the courts shall
be sanctioned under the Rules of Court.
6. Domestic adoption provisions in the Rule on Adoption are now rendered
ineffective except for pending domestic cases before the courts not withdrawn
by petitioners.
7. Rescission of adoption under Section 47 of RA 11642 covers judicial
adoptions.
8. Inter-country adoption petitions pending before the courts pursuant to Part B
of the Rule on Adoption shall be dismissed.
9. All courts are required to submit to the Office of the Court Administrator a list
and status report of all pending adoption cases, including archived cases.
4. Complaints for annulment of marriage, declaration of nullity of
marriage and those relating to marital status and property relations of
husband and wife or those living together under different status and
agreements, and petitions for dissolution of conjugal partnership of gains; (Sec. 2,
A.M. No. 02-11-10-SC, effective March 15, 2003)

Marriage is a special contract of permanent union between a man and a woman

entered into in accordance with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except
that marriage settlements may fix the property relations during the marriage within the
limits provided by the Family Code.

The Family Code specifies the essential and formal requisites of marriage.

The essential requisites (Article 2, Family Code) are:

1. Legal capacity of the contracting parties who must be a male and a female.
[See Same Sex Marriage Not Yet Legally Recognized in the Philippines]

2. Consent freely given in the presence of the solemnizing officer. 

The formal requisites of marriage (Article 3, Family Code) are:

1. Authority of the solemnizing officer; [See Persons Authorized to Solemnize

Marriage]

2. A valid marriage license. [See Marriages Exempted from License

Requirement]

3. A marriage ceremony which takes place with the appearance of the

contracting parties before the solemnizing officer and their personal declaration
that they take each other as husband and wife in the presence of not less than
two witnesses of legal age. 

The absence of any of the essential or formal requisites shall render the marriage

void ab initio [see Grounds for Declaration of Nullity of Marriage].

A defect in any of the essential requisites shall not affect the validity of the marriage
but the party or parties responsible for the irregularity shall be civilly, criminally and
administratively liable. [Article 4, Family Code]
DECLARATION OF NULLITY OF MARRIAGE vs. ANNULMENT OF
MARRIAGE

Declaration of nullity of marriage

The legal grounds, effects of declaration of nullity of marriage, the requirements,

procedure, and cost considerations.

A. Declaration of Nullity of Marriage, Generally

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.

It is convenient to classify these void ab initio marriages into five categories:

(a) void marriages due to lack of requisites (Family Code [“FC”], Article 35);
(b) void marriages due to psychological incapacity (FC, Article 36);
(c) incestuous marriages (FC, Article 37);
(d) marriages against public policy (FC, Article 38);
(e) bigamous marriages (FC, Article 41); and
(e) void subsequent marriage, when one of the spouses remarry without complying with
the recordal requirement of the judgment of annulment or absolute nullity of the
previous marriage, etc. (FC, Article 52 and 53).

The requisites for each of the aforementioned grounds are more specifically described
in the Family Code and in cases decided by the Supreme Court.

The declaration of nullity of marriage is distinguished from the annulment of marriage,

which considers the marriage valid and existing until it is annulled.

The grounds for annulment of marriage must have been existing at the time of
marriage, and include lack of parental consent (FC, Article 45)
[1] insanity (FC, Article 45)
[2] fraud (FC, Article 45)
[3] duress (FC, Article 45)
[4] impotence (FC, Article 45),
[5] serious and incurable sexually transmissible disease (FC, Article 45).

The declaration of nullity of marriage is also different from legal separation, which is a

legal remedy for couples suffering from a problematic marriage.

The grounds for legal separation may have arisen after the marriage, and may be filed
on the grounds provided under Article 55 of the FC).

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.

B. Effects of Declaration of Nullity of Marriage

Below are the legal consequences of the declaration of nullity of marriage:

1. Property Relations. The absolute community of property (“ACP”) or the conjugal

partnership (“CP”), as the case may be, shall be dissolved and liquidated.

In void ab initio marriages (except those under Article 40 of the FC), the property regime
of unions without marriage shall apply (c.f. FC, Articles 147 and 148).

There are differences between unions where the parties are capacitated to marry each
other (Article 147 applies) and unions where the parties are not (Article 148 applies).

Under Article 147, there is a presumption that the contributions are equal. Property
acquired by either exclusively belongs to such property, subject to proof. Property
acquired by both through their work/industry is co-owned. The property relations
between a man and a woman whose marriage was declared null and void on the
ground of psychological incapacity (FC, Article 36) is governed by this article. Note that,
even if one of the spouses did not contributed materially to the common fund, but the
said party took care of the household, the other party and their common children, these
acts are considered the said party’s contribution to the common fund (Buenaventura v.
Buenaventura, G.R. Nos. 127358 & 127449, 31 March 2005).

Under Article 148, there is no presumption of joint acquisition. There is a presumption of

equal sharing only when there is evidence of joint acquisition but none as to the extent
of actual contribution. Otherwise, property acquired by either exclusively belongs to
such property, and property acquired by both through their work/industry is owned by
them in common in proportion to respective contributions.
2. Status of Children Born/Conceived before Declaration of Nullity. The children
are deemed illegitimate, except when the ground for the declaration of nullity is
psychological incapacity or a void subsequent marriage under Article 53 of the FC.

3. Custody of Children. During the pendency of the petition (pendente lite), 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, (b) unless such parent is considered unfit), (c) surviving grandparent (if several,
then choice of child over 7 years, unless grandparent chosen is unfit/disqualified), (d)
eldest brother/sister over 21 unless unfit/disqualified, or (e) any other person deemed
suitable by the court.

After the decree, the court shall award custody to the innocent spouse, but no child
under 7 years shall be separated from the mother unless there are compelling reasons.

4. Child Support. Pendente lite, child support will be governed by either written
agreement, or in the absence thereof, from properties of the ACP or CP. 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.

5. Spousal Support. Pendente lite, spousal support will be governed by either written
agreement, or in the absence thereof, from properties of the ACP or CP, 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.

C. Outline of Steps

Below is a general outline of the steps in the declaration of nullity of marriage. Please
note that in some instances, these steps may not be followed.

1. Preparation / Psychiatric Evaluation. The client goes to the lawyer and discusses
his/her case. After conferring with the lawyer and submission of all of the requirements,
the lawyer will draft the petition for declaration of nullity of marriage.

If the ground for the declaration of nullity of marriage is psychological incapacity, it is

advisable to secure the services of an expert witness (psychologist/psychiatrist) at this
stage. The expert witness will later on testify on the psychological incapacity of the
petitioner and/or the respondent. It is also advisable that the executive summary of the
report of the expert witness form part of the petition.

2. Filing of Petition. The petition is filed before the Central Office of 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.

3. Summons. The court will issue summons one or two weeks after the case is raffled.
The respondent has 15 days to file his/her answer. In some instances, the lawyer of the
respondent may ask an extension of 15 days to file his/her answer or any pleading.

4. Notice to the Office of the Solicitor General (OSG). The court will issue an order
requiring the petitioner to submit copies of the petition to the OSG and the prosecutor
assigned. Note, however, that under pertinent rules, a copy of the petition should be
furnished to the OSG within 5 days from filing thereof.

5. Collusion Hearing. The judge will order the prosecutor assigned to the case to
investigate whether collusion exists between the parties and if the evidence submitted is
not fabricated or suppressed. The prosecutor is usually given 20 days from receipt of
the order to investigate the parties. The report of the investigation of the prosecutor
should be submitted 10 days after the 20-day period.

6. 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.

7. Hearing. This is the time when the petitioner will present his/her evidence of
psychological incapacity. The number witnesses will depend on the case, but usually,
two to three witnesses will be enough, if the case is not contested (meaning, the
respondent will not object). The witnesses will be the petitioner herself/himself, the
expert witness and one collaborating witness.

Below is the order of presentation of evidence:

a. Presentation of the petitioner herself/himself

• Direct examination of the petitioner by her counsel
• Cross-examination by the State
• Redirect examination by the petitioner’s counsel
• Re-cross-examination by the State.

b. Presentation of the psychologist or psychiatrist

• Direct examination of the petitioner by his/her counsel
• Cross-examination by the State
• Redirect examination by the petitioner’s counsel (if necessary)
• Re-cross-examination by the State (if necessary)

c. Formal Offer of Exhibits

d. Comments/Objections to the Formal Exhibits by the State Prosecutor
• The prosecutor is given an opportunity to comment or object to the offer exhibits. (10-
15 days from receipt of the Formal Offer of Exhibits)

8. OSG Certification. An order will be issued directing the OSG to issue a certification

briefly stating its reasons for its agreement or its objection to the petition within 30 days
from the receipt of the said order. Likewise, the petitioner will be directed to submit all
exhibits and transcribed stenographic notes to the OSG within 7-15 days from receipt of
the order.

9. 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.

A declaration of nullity of marriage 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 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 declaration of
nullity of marriage:

• 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

• Psychiatric evaluation of the spouses (if the ground relied upon is psychological
incapacity)

• 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 having a marriage declared void ab initio 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); and

3. Psychological/Psychiatric Evaluation and Expert Witness Fees

(varies, estimated PhP40,000 to PhP60,000.00).

Update on Jurisprudence:  

IS THE NULLITY OF THE FIRST OR SECON MARRIAGE A DEFENSE IN A

CRIMINAL CASE OF BIGAMY?

Pulido v. People, G.R. No. 220149, 27 July 2021, Hernando, J., the SC en banc 

Pulido’s first marriage with Arcon and second marriage with Baleda were
judicially declared void for lack of a valid marriage license and for being
bigamous, respectively. Pulido interposed the defense that the subsequent
judicial declaration of nullity of his first marriage should exculpate him from
criminal liability for bigamy (G.R. No. 220149, July 27, 2021).

Who commits bigamy? Any person who contracts a second or subsequent marriage
before the former marriage has been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a judgment rendered in the proper
proceedings commits this crime (Article 349, Revised Penal Code). The rationale for
prosecuting an individual who contracted a second or subsequent marriage before the
former marriage has been legally dissolved is to preserve and ensure the juridical tie of
marriage as established by law (G.R. No. 220149, July 27, 2021).

For one to be held guilty of bigamy, the prosecution must prove that: (a) the offender
has been legally married; (b) the first marriage has not been legally dissolved, or in case
his or her spouse is absent, the absent spouse could not yet be presumed dead
according to the Civil Code; (c) he or she contracts a second or subsequent marriage;
and (d) the second or subsequent marriage has all the essential requisites for validity
(G.R. No. 220149, July 27, 2021).
Retroactive effect of Pulido

What about an accused who had been convicted of bigamy notwithstanding a judicial
declaration of nullity of his marriage?  May he invoke the Pulido doctrine?

It is submitted that the accused may do so.  It is axiomatic that a law should be given
retroactive effect if favorable to the accused. (Article 22, Revised Penal Code).  Judicial
decisions favorable to an accused should be given retroactive effect since such
decisions form part of the law in accordance with Article 8 of the Civil Code and so as
not to infringe upon the constitutional right of the accused to equal protection of the law.
(Gumabon v. Director of Prisons, 37 SCRA 420 [1971]).

In such a case, the accused may file a petition for habeas corpus to obtain his release
from prison.

5. Petitions for involuntary commitment of a child, for removal of

custody against child-placement or child-caring agency or individual,
and for commitment of disabled child;

(Secs. 4[b], 5[a][ii], 6[b], A.M. No. 02-1-19-SC, effective April 15, 2002)

Terms:

(m) “Commitment” or “surrender of a child” is the legal act of entrusting a child to

the care of the Department or any duly licensed child-placement or child-caring agency
or individual by the court, parent or guardian or any interested party.

(n) “Involuntarily committed child” is one whose parents have been permanently and
judicially deprived of parental authority due to abandonment; substantial, continuous, or
repeated neglect; abuse; or incompetence to discharge parental responsibilities in
accordance with Section 4 herein.

(o) “Voluntarily committed child” is one whose parents knowingly and willingly
relinquished parental authority to the Department or any duly licensed child-placement
or child-caring agency or individual in accordance with Section 3 herein.

(p) “Child-placing or child-placement agency” refers to a private non-profit or

charitable institution or government agency duly licensed, and accredited by the
Department to provide comprehensive child welfare services, including but not limited
to, receiving applications for adoption or foster care, evaluating the prospective adoptive
or foster parents and preparing the home study report.
(q) “Child-caring agency” refers to a private non-profit or charitable institution or
government agency duly licensed and accredited by the Department that provides
twenty-four hour residential care services for abandoned, orphaned, neglected,
involuntarily or voluntarily committed children .

Situations and Courses of Action:

SECTION 4. Petition for Involuntary Commitment of a Child. —

(a) Who may file. — The Secretary of the Department or his authorized representative
or any duly licensed child-placement or child-caring agency having knowledge of a child
who appears to be dependent, abandoned or neglected, may file a verified petition for
involuntary commitment of said child to the care of any duly licensed child-placement or
child-caring agency or individual.

(p) Restoration of Parental Authority After Involuntary Commitment. —

(i) Who may file; Ground. — The parents or guardian of a child committed to the care of
a person, agency or institution by judicial order may file a verified motion for the
restoration of his rights over the child with the court which granted the involuntary
commitment on the ground that he is now able to take proper care and custody of said
child, provided, however, that the child has not yet been adopted.

SECTION 6. Petition for Commitment of a Disabled Child. —

(a) Who may file. — Where a child appears to be mentally retarded, physically
handicapped, emotionally disturbed, mentally ill, with cerebral palsy or with similar
afflictions and needs institutional care but his parents or guardians are opposed thereto,
the Department, or any duly licensed child-placement or child-caring agency or
individual may file a verified petition for commitment of the said child to any reputable
institution providing care, training and rehabilitation for disabled children.

The parents or guardian of the child may file a similar petition in case no immediate
placement can be arranged for the disabled child when his welfare and interests are at
stake.
6. Cases against minors cognizable under Rep. Act No. 9165, or “The
Comprehensive Dangerous Drugs Act of 2002

(See also A.M. No. 07-8-2-SC, effective November 5, 2007)

Republic Act No. 9344, and Republic Act No. 8369, also known as The Family Courts
Act of 1997). It took effect on November 5, 2007.

The Rule aims “to provide a rule of procedure in the Family Courts or the Regional Trial
Courts, as the case may be, for children charged with any of the acts penalized
under The Comprehensive Dangerous Drugs Act of 2002”, taking into
consideration their “developmental age and potential to recover from
dependence on drugs and to stop substance abuse, so that they can live
productive, substance-free and crime-free lives”.

The Rule shall be “construed and interpreted liberally in favor of the child in conflict with
the law, consistent with the best interest of the child, the declared state policy, the rights
of the child in conflict with the law and the principle of balanced and restorative justice”.

A child charged before the prosecutor’s office with a criminal offense not penalized by
the Act (RA 9165), but with an imposable penalty of imprisonment of not less than six
years and one day, shall be subjected to a “mandatory drug test”.

A positive screening laboratory test must be confirmed for the positive finding to be valid
in court.

A child who is a drug dependent or suspected to be one may ─ personally or through

the parent, guardian or relative within the fourth degree of consanguinity or affinity ─
“apply to the Board or its duly recognized representative for treatment and rehabilitation
of the drug dependency”. The Board shall then “submit the matter to the court, which
shall immediately order that the child be examined for drug dependency”.

The court shall likewise “direct the court social worker to prepare and submit to it
a Case Study Report” for its consideration pursuant to Section 19 of the Rule on
Juveniles in Conflict with the Law.

The examination for drug dependency shall be conducted by an accredited

physician of the DOH.

If the results show that the child is a drug dependent , “the court shall order that the child
undergo treatment and rehabilitation in a Center designated by the Board for a period of
not less than six months”.
A child drug dependent may be placed under the care of a DOH-accredited physician if:
“(a) no Center is near or accessible to the residence of the child; or (b) where the child
is a first-time offender and nonconfinement in a Center will not pose a serious danger to
his/her family or community”.

The court shall also direct that the intervention treatment program include the active
participation and collaboration of “the child’s family, the law enforcers, the child’s school,
if any, various community organizations dealing with at-risk youths, and the court
system itself”.

Confinement in a Center for treatment and rehabilitation or under the care of a

DOH-accredited physician shall “not exceed one year”, after which time the head of
the Center or the said physician, as the case may be, shall apprise the court, as well as
the Board, of the status of the treatment and rehabilitation of the child. The court,
together with the Board, shall determine “whether further confinement or care will be for
the welfare and best interest of the child drug dependent and his/her family or the
community”.

A child drug dependent under the “voluntary submission program” who is

“finally discharged from confinement” shall be “exempt from criminal liability”
under Section 15 of the RA 9165, subject to the following conditions:

(a) He/she has complied with the rules and regulations of the Center or those
imposed by the DOH-accredited physician, the applicable rules and regulations of the
Board, including the aftercare and follow-up program “for at least eighteen months
following temporary discharge from confinement” in the Center or, in the case of a
drug dependent placed under the care of the DOHaccredited physician, the after-care
program and follow-up schedule formulated by the Department of Social Welfare and
Development (DSWD) and approved by the Board;

(b) He/she has never been charged with or convicted of any offense punishable “under
the Act, the Dangerous Drugs Act of 1972 or Republic Act No. 6425, as amended, the
Revised Penal Code, as amended, or any other special penal law”;

(c) He/she has “no record of escape from a Center” or, if an escapee, has “surrendered
personally or through the parents, guardian or relative within the fourth degree of
consanguinity or affinity, within one week from the date of the escape”; and

(d) He/she “poses no serious danger to his/her person, family or community”.

Should the child fail to comply with any of the above conditions, the case shall be
“referred to the prosecutor for regular preliminary investigation”.
Upon certification by the Center or the DOH-accredited physician that the child drug
dependent under the voluntary submission program may be temporarily released, the
court shall order such release on condition that the child shall report to the DOH for
after-care and follow-up treatment, including urine testing, for a period not exceeding
eighteen months under such terms and conditions that the court may impose.

If at any time during the period of after-care and follow-up program, the child is certified
to be rehabilitated, the court shall order his/her “final discharge, subject to the provisions
of Section 12 of this Rule, without prejudice to the outcome of any pending case filed in
court”.

Should the DOH find that during the initial after-care and follow-up program of eighteen
months, the child “requires further treatment and rehabilitation” in the Center or by the
DOH-accredited physician, he/she “shall be so recommitted”. Thereafter, he/she “may
again be certified for temporary release and ordered released” for another after-care
and follow-up program pursuant to Section 13 of this Rule.

A child drug dependent under the voluntary submission program who is discharged as
rehabilitated by the Center or DOH-accredited physician, but does not qualify for
exemption from criminal liability under Section 55 of the Act, may be charged under the
provisions of the Act. However, “the court upon its discretion may order that the child be
placed on probation and that he/she undergo community service in lieu of imprisonment
and/or fine, without prejudice to the outcome of any pending case filed in court”.

A child drug dependent under the voluntary submission program who is “not
rehabilitated after a second Commitment” to the Center or a DOH-accredited physician
under the voluntary submission program shall be charged and prosecuted, upon
recommendation of the Board, with violation of “Section 15 of the Act”. If convicted, the
child shall be credited for the period of confinement and rehabilitation in the Center or
by the DOHaccredited physician, in the service of the sentence. In addition thereto, the
child shall enjoy all the rights provided under the Rule on Juveniles in Conflict with the
Law that are not inconsistent with the provisions of the Act.

If, subsequent to a recommitment, the child once again escapes from confinement,
he/she shall be charged with violation of Section 15 of the Act and be “subjected to
compulsory confinement upon order of the Board or upon order of the court, as the case
may be”.

The judicial and medical records of a child drug dependent under the voluntary
submission program shall be confidential and shall not be used against him/her for any
purpose, except to determine how many times the child by himself/herself, or through
his/her parent, guardian, or relative within the fourth degree of consanguinity or affinity
underwent voluntary submission for confinement, treatment and rehabilitation or
commitment to a Center or to the custody and care of a DOH-accredited physician
under the program.

Where the child is not exempt from criminal liability under Section 55 of the Act, or when
he/she is not rehabilitated under the voluntary submission program, or when he/she
escapes again from confinement after recommitment, the records mentioned in the
immediately preceding provisions that are necessary for conviction may be utilized in
court as evidence against such child.

Notwithstanding any law, rule and regulation to the contrary, any child found to be
dependent on dangerous drugs who “refuses to apply under the voluntary submission
program” shall, upon petition by the Board or any of its authorized representatives, be
confined for treatment and rehabilitation in any Center duly designated or accredited by
the DOH.

A petition for the confinement to a Center of a child alleged to be drug dependent

may be filed by any person authorized by the Board with the Family Court, or, in the
absence thereof, the Regional Trial Court of the province or city where such person is
found.

After the petition is filed, the court shall immediately order a hearing, fix a date therefor,
and serve a copy of such order on the child and his/her parents, guardian or custodian.

If the facts established at the hearing so warrant, the court shall order the child to be
examined by two physicians accredited by the Board. If both physicians conclude that
the child is not a drug dependent, the court shall order his/her discharge. If either
physician finds the child to be a dependent, the court shall conduct a hearing and
consider all relevant evidence which may be offered.

If a child charged with an offense where the imposable penalty is imprisonment of

less than six years and one day is found by the prosecutor or by the court, at any
stage of the proceedings, to be a drug dependent, the prosecutor or the court, as
the case may be, shall suspend all further proceedings and transmit copies of the
records of the case to the Board.

In the event the Board determines, after the medical examination, that public interest
requires that such child drug dependent be committed to a Center for treatment and
rehabilitation, it shall file a petition for commitment with the Family Court or, in the
absence thereof, the Regional Trial Court of the province or city where the child is being
investigated ortried: Provided, that where a criminal case is pending court, the petition
shall be filed in such court. The court shall take judicial notice of the prior proceedings in
the case and shall proceed to hear the petition.
Thereafter, the prosecution of the child for any offense punishable by law shall be
instituted or shall continue, as the case may be. In case of conviction and the child has
been certified by the treatment and rehabilitation center to have maintained good
behavior, the judgment shall indicate that the child shall be given full credit for the
period he/she was confined in the Center: Provided, however, that when the offense is
for violation of Section 15 of the Act and the child is not a recidivist, the penalty therefor
shall be deemed to have been served in the Center upon the release of the child
therefrom after certification by the Center and the Board that the child has been
rehabilitated.

A child committed under Sections 20, 22 and 23 of this Rule who is finally discharged
from confinement shall be exempt from criminal liability for the use of a dangerous drug
under Section 15 of the Act, without prejudice to the outcome of any pending case filed
in court.

A child who is not rehabilitated after a second commitment to the Center shall, upon
conviction by the appropriate court, suffer the same penalties provided for under
Section 15 of the Act, without prejudice to the outcome of any pending case filed in
court.

If a child is under eighteen years of age at the time of the commission of the offense
and is found guilty thereof, the court shall determine and ascertain any civil liability.
However, instead of pronouncing the judgment of conviction, the court shall place the
child under suspended sentence, “without need of application”. Suspension of sentence
shall still be applied even if the child is already eighteen years of age at the time of the
conviction.

While under suspended sentence, the child shall be under the supervision and
rehabilitation surveillance of the Board, under such conditions that the court may
impose for a period ranging from six to eighteen months.

If the child under suspended sentence complies with the applicable rules and
regulations of the Board, including confinement in a Center or care of a DOH-accredited
physician, the court, upon a favorable recommendation of the Board or the physician,
shall discharge him and dismiss all proceedings under Section 11 of the Act.

The child so discharged shall not be held thereafter to be guilty of perjury, concealment
or misrepresentation by reason of failure to acknowledge the case or recite any fact
related thereto in response to any inquiry made for any purpose.
If the child violates any of the conditions of the suspended sentence, the applicable
rules and regulations of the Board exercising supervision and rehabilitative surveillance,
including the rules and regulations of the Center should confinement be required,
he/she shall be returned to the court which, after due notice and hearing and after
finding sufficient basis therefor, shall execute the judgment of conviction.

In cases involving violations of Sections 11 and 15 of the Act, the court, upon
application and in its discretion, may place the child under probation. “Probation may
still be availed of even if the sentence provided under the Act is higher than that
provided under the Probation Law”.

Any parent or guardian who, without valid reason, refuses to cooperate with the Board
or any concerned agency in the treatment and rehabilitation of a child, or in any manner
prevents or delays the after-care, follow-up or other programs for the welfare of the
childdrug dependent, whether under a voluntary or a compulsory submission program,
may be cited for contempt by the court.

7. Violation of Rep. Act No. 7610 [1991], otherwise known as the

“Special Protection of Children Against Child Abuse, Exploration and
Discrimination Act,” as amended by Rep. Act No. 7658 [1993] and as further
amended by Rep. Act No. 9231 [2003];

What is the difference between RA 9262 and RA 7610?

RA 9262 also known as the “Anti-Violence Against Women and Their Children Act of
2004” is a law which addresses both women and children abuse. On the other hand, RA
7610 only concerns itself on abuses made to children.

RA 9262 can be committed against a man’s wife, ex-wife, girlfriend, ex- girlfriend, lover,
ex-lover or the woman’s child. The violence inflicted to the woman can be a result of
physical, sexual, or psychological, and economic abuse.

On the other hand, RA 7610 can be committed against any child when subjecting the
latter to Child Prostitution and Other Sexual Abuse, Child Trafficking, Obscene
Publications and Indecent Shows, or Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child’s Development.

It is noteworthy that RA 7610 allows for sanctions against establishments or enterprises.

While RA 9262 does not provide any sanctions for corporations or juridical persons.
Is RA 7610 effective?
While not stating that RA 7610 is not effective, the researcher failed to find a
comprehensive research study to determine the efficiency and effectiveness of RA 7610
in curbing child abuses.

However, previously filed bills in the Senate showed the failings of RA 7610, especially
in the aspect of prosecution. To quote the Explanatory Note of Senate Bill No. 1245,
filed by Senator Manny Villar:

“Evil men remain undeterred in their commission of evil against children.

“But the law does not mandate the creation of a body that shall exclusively be in charge
of pursuing and ensuring the successful prosecution of perpetrators. Existing public and
private agencies have proven to be effective in reporting and monitoring child abuses,
exploitation and discrimination.

“But they have not been as effective in the prosecution and ultimately the successful
final conviction of violators of children’s rights. For more often than not, the
complainants, due to financial reasons, among others, abandon and or lose interest in
pursuing the case.[27]
“Hence, the criminals go scot-free, remaining unrestrained to commit their crimes all
over again.”

In this regard, we can conclude that RA 7610, although offers legal remedies to victims,
does not directly equate to improved prosecution of perpetrators.

What are acts and conditions prejudicial to the child’s development in RA 7610?
To qualify, all of the previously mentioned violations are included in the list of acts and
conditions prejudicial to the child’s development, if there is a list to begin with.

However, at the time of writing, there is no single document which lists all acts and
conditions prejudicial to the child’s development.

Nevertheless, a careful analysis of RA 7610 will give a glimpse of these acts included in
such definition. To start, Sec. 3[c] of the same law provides these kind of circumstances
by stating that the child’s development is compromised when:

(c) “Circumstances which gravely threaten or endanger the survival and normal
development of children” include, but are not limited to, the following;

“(1) Being in a community where there is armed conflict or being affected by armed
conflict-related activities;
“(2) Working under conditions hazardous to life, safety and normal which unduly
interfere with their normal development;

“(3) Living in or fending for themselves in the streets of urban or rural areas without the
care of parents or a guardian or basic services needed for a good quality of life;

“(4) Being a member of a indigenous cultural community and/or living under conditions
of extreme poverty or in an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good quality of life;

“(5) Being a victim of a man-made or natural disaster or calamity; or

“(6) Circumstances analogous to those above stated which endanger the life, safety or
normal development of children.

In addition thereto, Sec. 10 [RA 7610] also provides for such acts and conditions, to wit:

“(b) Any person who shall keep or have in his company a minor, twelve (12) years
or under or who is ten (10) years or more his junior in any public or private place,
hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places . . . Provided, That this provision shall
not apply to any person who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and tradition or acts in the
performance of a social, moral or legal duty.

Likewise:

 A person who shall use, coerce, force or intimidate a street child or any
other child to;
 Beg or use begging as a means of living;
 Act as conduit or middlemen in drug trafficking or pushing; or
 Conduct any illegal activities.”

Hence, it can be inferred that there are various acts and conditions which affect the
development of a child.

It is the humble opinion of the author that collating these acts and conditions into a list
or a single document will be impossible to do or for a better definition, impractical.

The Courts shall resort to determining each acts or conditions on a case-to-case basis.
Moreover, this is probably the reason for the blanket provision stipulated under Sec. 10
(a) of RA 7610.
What are the prohibited acts under RA 7610?

The following are the prohibited acts:

1) Child prostitution and other sexual abuse (Sec. 5, RA 7610);

2) Attempt to commit child prostitution (Sec. 6, RA 7610);
3) Child trafficking (Sec. 7, RA 7610);
4) Attempt to commit child trafficking (Sec. 8, RA 7610);
5) Obscene publications and indecent shows (Sec. 9, RA 7610);
6) Other acts of neglect, abuse, cruelty or exploitation and other conditions prejudicial
to the child’s development (Sec. 10, RA 7610);
7) Establishments or enterprises promoting, facilitating, or conducting activities
constituting child prostitution and other sexual abuse, child trafficking, obscene
publications and indecent shows, and other acts of abuse (Sec. 11, RA 7610);
8) Employment of children (Sec. 12, RA 7610);
9) Discrimination of children of indigenous cultural communities (Sec. 20, RA 7610);
and
10)Confidentiality (Sec. 29, RA 7610).

As a way of discipling him or her, is beating a child illegal? Can a parent hit his
child for discipline?

Beating a child is illegal as it results in physical violence against a child which is

punishable under RA 9262, if the perpetrator had sexual or dating relationship with the
mother of the child, or under RA 7610 as it prejudices the development of the child.

Senate Bill (SB) No. 1477 and House Bill (HB) No. 8239 or the “Act promoting
positive and nonviolent discipline, protecting children from physical, humiliating
or degrading acts as a form of punishment” was vetoed by President Rodrigo R.
Duterte.
Therefore, to date, there is no law which prohibits parents from imposing
physical punishments on their children as long as it does not impede the child’s
development or be tantamount to abuse. But cf RA9262 on Physical Violence!

8. RA 9775 - Anti-Child Pornography Act of 2009

November 17, 2009

AN ACT DEFINING THE CRIME OF CHILD PORNOGRAPHY, PRESCRIBING

PENALTIES THEREFOR AND FOR OTHER PURPOSES
Section 1. Short Title. - This Act shall be known as the "Anti-Child Pornography Act of
2009."

Section 2. Declaration of Policy. - The State recognizes the vital role of the youth
in nation building and shall promote and protect their physical, moral, spiritual,
intellectual, emotional, psychological and social well-being. Towards this end, the
State shall:

(a) Guarantee the fundamental rights of every child from all forms of neglect, cruelty and
other conditions prejudicial to his/her development;

(b) Protect every child from all forms of exploitation and abuse including, but not limited
to:

(1) the use of a child in pornographic performances and materials; and

(2) the inducement or coercion of a child to engage or be involved in pornography

through whatever means; and

(c) Comply with international treaties to which the Philippines is a signatory or a State
party concerning the rights of children which include, but not limited to, the Convention
on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the
Child of the Child on the Sale of Children, Child Prostitution and Child Pornography, the
International Labor Organization (ILO) Convention No.182 on the Elimination of the
Worst Forms of Child Labor and the Convention Against Transnational Organized
Crime.

Section 3. Definition of Terms. -

(a) "Child" refers to a person below eighteen (18) years of age or over, but is unable to
fully take care of himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.

For the purpose of this Act, a child shall also refer to:

(1) a person regardless of age who is presented, depicted or portrayed as a child as

defined herein; and

(2) computer-generated, digitally or manually crafted images or graphics of a person

who is represented or who is made to appear to be a child as defined herein.
(b) "Child pornography" refers to any representation, whether visual, audio, or written
combination thereof, by electronic, mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or simulated explicit sexual activities.

(c) "Explicit Sexual Activity" includes actual or simulated -

(1) As to form:

(i) sexual intercourse or lascivious act including, but not limited to, contact involving
genital to genital, oral to genital, anal to genital, or oral to anal, whether between
persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadistic or masochistic abuse;

(5) lascivious exhibition of the genitals, buttocks, breasts, pubic area and/or anus; or

(6) use of any object or instrument for lascivious acts

(d) "Internet address" refers to a website, bulletin board service, internet chat room or
news group, or any other internet or shared network protocol address.

(e) "Internet cafe or kiosk" refers to an establishment that offers or proposes to offer
services to the public for the use of its computer/s or computer system for the purpose
of accessing the internet, computer games or related services.

(f) "Internet content host" refers to a person who hosts or who proposes to host internet
content in the Philippines.

(g) "Internet service provider (ISP)" refers to a person or entity that supplies or proposes
to supply, an internet carriage service to the public.

(h) "Grooming" refers to the act of preparing a child or someone who the offender
believes to be a child for sexual activity or sexual relationship by communicating any
form of child pornography. It includes online enticement or enticement through any other
means.

(i) "Luring" refers to the act of communicating, by means of a computer system, with a
child or someone who the offender believes to be a child for the purpose of facilitating
the commission of sexual activity or production of any form of child pornography.(2)
Bestiality;

(j) "Pandering" refers to the act of offering, advertising, promoting, representing or

distributing through any means any material or purported material that is intended to
cause another to believe that the material or purported material contains any form of
child pornography, regardless of the actual content of the material or purported material.

(k) "Person" refers to any natural or juridical entity.

Section 4. Unlawful or Prohibited Acts. - It shall be unlawful for any person:

(a) To hire, employ, use, persuade, induce or coerce a child to perform in the creation or
production of any form of child pornography;

(b) To produce, direct, manufacture or create any form of child pornography;

(c) To publish offer, transmit, sell, distribute, broadcast, advertise, promote, export or
import any form of child pornography;

(d) To possess any form of child pornography with the intent to sell, distribute, publish,
or broadcast: Provided. That possession of three (3) or more articles of child
pornography of the same form shall be prima facie evidence of the intent to sell,
distribute, publish or broadcast;

(e) To knowingly, willfully and intentionally provide a venue for the commission of
prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or
in establishments purporting to be a legitimate business;

(f) For film distributors, theaters and telecommunication companies, by themselves or in

cooperation with other entities, to distribute any form of child pornography;

(g) For a parent, legal guardian or person having custody or control of a child to
knowingly permit the child to engage, participate or assist in any form of child
pornography;

(h) To engage in the luring or grooming of a child;

(i) To engage in pandering of any form of child pornography;

(j) To willfully access any form of child pornography;

(k) To conspire to commit any of the prohibited acts stated in this section. Conspiracy to
commit any form of child pornography shall be committed when two (2) or more persons
come to an agreement concerning the commission of any of the said prohibited acts
and decide to commit it; and

(l) To possess any form of child pornography.

Section 5. Syndicated Child Pornography - The crime of child pornography is deemed

committed by a syndicate if carried out by a group of three (3) or more persons
conspiring or confederating with one another and shall be punished under Section 15(a)
of this Act.

Section 6. Who May File a Complaint. - Complaints on cases of any form of child
pornography and other offenses punishable under this Act may be filed by the following:

(a) Offended party;

(b) Parents or guardians;

(c) Ascendant or collateral relative within the third degree of consanguinity;

(d) Officer, social worker or representative of a licensed child-caring institution;

(e) Officer or social worker of the Department of Social Welfare and Development
(DSWD);

(f) Local social welfare development officer;

(g) Barangay chairman;

(h) Any law enforcement officer;

(i) At least three (3) concerned responsible citizens residing in the place where the
violation occurred; or

(j) Any person who has personal knowledge of the circumstances of the
commission of any offense under this Act.

9. RA 9262 - Anti-Violence Against Women and their Children Act of

2004, including applications for Protection Order under the same Act

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:

1. Controlling or restricting the woman’s or her child’s movement or conduct

2. Threatening to or actually depriving the woman or her child of custody or access

to her/his family;

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

4. 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

5. Threatening or actually inflicting physical harm on oneself for the purpose of

controlling the woman’s actions or decisions;

6. 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.

7. Causing substantial emotional or psychological distress to the woman or her

child:

8. Stalking or following the woman or her child in public or private places;

9. Peering in the window or lingering outside the residence or the woman or her
child;

10. Entering or remaining in the dwelling or on the property of the woman or her child
against her/his will;

11. Destroying the property and personal belongings or inflicting harm to animals or
pets of the woman or her child;

12. 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:

1. 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;

2. Controlling the woman’s own money or property; or solely controlling the conjugal
or common money/properties;

3. 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.

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.

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.

“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:

1. Wife
2. Former Wife
3. A woman with whom the offender has or had sexual relations with
4. A woman with whom the offender has a common child with
5. 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:

1. Causing physical harm to the woman or her child

2. Threatening to cause the woman or her child physical harm

3. Attempting to cause the woman or her child physical harm

4. Placing the woman or her child in fear of imminent physical harm

5. 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:

6. Threatening to deprive or actually depriving the woman or her child of custody or

access to her/his family

7. 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

8. Depriving or threatening to deprive the woman or her child of a legal right

9. 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

10. 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:

1. 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

2. 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

5) Engaging in any form of harassment or violence

6) 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
Barangay ordering 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).

Where to seek help?

1) Barangay VAW Desk in your Barangay Hall

2) Provincial/City/Municipal Social Welfare and Development Office of Local

Government Units

3) Department of Social Welfare and Development (DSWD) Community-Based

Services Section (CBSS)

4) Philippine National Police (PNP) Women and Children Protection Center

5) Women and Children Protection Desk of nearest Precinct

6) National Bureau of Investigation (NBI) Anti-Violence Against Women and Children

Division (VAWCD)

7) PNP Women and Children Protection Center (WCPC)

8) DOJ – Public Attorney’s Office (DOJ-PAO)

10. Republic Act No. 9994- Senior Citizen Act of 2010

What Is Expanded Senior Citizens Act

Aside from Republic Act 10645, which provides mandatory PhilHealth coverage for all
senior citizens, Republic Act No. 9994 or the Expanded Senior Citizens Act of 2010 has
also upgraded and expanded services for elderly. The law's objective is to provide a
more comprehensive policy that will be beneficial to senior citizens especially in terms
of improving their total well-being.

The privileges that the senior citizens are currently entitled to are as follows:
“(a) the grant of twenty percent (20%) discount and exemption from the Value -Added
Tax (VAT), if applicable, on the sale of the following goods and services from all
establishments, for the exclusive use and enjoyment or availment of the senior citizen

“(1) on the purchase of medicines, including the purchase of influenza and

pnuemococcal vaccines, and such other essential medical supplies, accessories and
equipment to be determined by the Department of Health (DOH).

“The DOH shall establish guidelines and mechanism of compulsory rebates in the
sharing of burden of discounts among retailers, manufacturers and distributors, taking
into consideration their respective margins;

“(2) on the professional fees of attending physician/s in all private hospitals, medical
facilities, outpatient clinics and home health care services;

“(3) on the professional fees of licensed professional health providing home health care
services as endorsed by private hospitals or employed through home health care
employment agencies;

“(4) on medical and dental services, diagnostic and laboratory fees in all private
hospitals, medical facilities, outpatient clinics, and home health care services, in
accordance with the rules and regulations to be issued by the DOH, in coordination with
the Philippine Health Insurance Corporation (PhilHealth);

“(5) in actual fare for land transportation travel in public utility buses (PUBs), public utility
jeepneys (PUJs), taxis, Asian utility vehicles (AUVs), shuttle services and public
railways, including Light Rail Transit (LRT), Mass Rail Transit (MRT), and Philippine
National Railways (PNR);

“(6) in actual transportation fare for domestic air transport services and sea shipping
vessels and the like, based on the actual fare and advanced booking;

“(7) on the utilization of services in hotels and similar lodging establishments,

restaurants and recreation centers;

“(8) on admission fees charged by theaters, cinema houses and concert halls, circuses,
leisure and amusement; and

“(9) on funeral and burial services for the death of senior citizens;

“(b) exemption from the payment of individual income taxes of senior citizens who are
considered to be minimum wage earners in accordance with Republic Act No. 9504;
“(c) the grant of a minimum of five percent (5%) discount relative to the monthly
utilization of water and electricity supplied by the public utilities: Provided, That the
individual meters for the foregoing utilities are registered in the name of the senior
citizen residing therein: Provided, further, That the monthly consumption does not
exceed one hundred kilowatt hours (100 kWh) of electricity and thirty cubic meters (30
m3) of water: Provided, furthermore, That the privilege is granted per household
regardless of the number of senior citizens residing therein;

“(d) exemption from training fees for socioeconomic programs;

“(e) free medical and dental services, diagnostic and laboratory fees such as, but not
limited to, x-rays, computerized tomography scans and blood tests, in all government
facilities, subject to the guidelines to be issued by the DOH in coordination with the
PhilHealth;

“(f) the DOH shall administer free vaccination against the influenza virus and
pneumococcal disease for indigent senior citizen patients;

“(g) educational assistance to senior citizens to pursue post secondary, tertiary, post
tertiary, vocational and technical education, as well as short-term courses for retooling
in both public and private schools through provision of scholarships, grants, financial
aids, subsides and other incentives to qualified senior citizens, including support for
books, learning materials, and uniform allowances, to the extent feasible: Provided,
That senior citizens shall meet minimum admission requirements;

“(h) to the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), the Social
Security System (SSS) and the PAG-IBIG, as the case may be, as are enjoyed by those
in actual service;

“(i) retirement benefits of retirees from both the government and the private sector shall
be regularly reviewed to ensure their continuing responsiveness and sustainability, and
to the extent practicable and feasible, shall be upgraded to be at par with the current
scale enjoyed by those in actual service;

“(j) to the extent possible, the government may grant special discounts in special
programs for senior citizens on purchase of basic commodities, subject to the guidelines
to be issued for the purpose by the Department of Trade and Industry (DTI) and the
Department of Agriculture (DA);

“(k) provision of express lanes for senior citizens in all commercial and government
establishments; in the absence thereof, priority shall be given to them; and
“(l) death benefit assistance of a minimum of Two thousand pesos (Php2, 000.00) shall
be given to the nearest surviving relative of a deceased senior citizen which amount
shall be subject to adjustments due to inflation in accordance with the guidelines to be
issued by the DSWD.

“In the availment of the privileges mentioned above, the senior citizen, or his/her duly
authorized representative, may submit as proof of his/her entitled thereto any of the
following:

“(1) an identification card issued by the Office of the Senior Citizen Affairs (OSCA) of
the place where the senior citizen resides: Provided, That the identification card issued
by the particular OSCA shall be honored nationwide;

“(2) the passport of the senior citizen concerned; and

“(3) other documents that establish that the senior citizen is a citizen of the Republic
and is at least sixty (60) years of age as further provided in the implementing rules and
regulations.

“In the purchase of goods and services which are on promotional discount, the senior
citizen can avail of the promotional discount or the discount provided herein, whichever
is higher.

“The establishment may claim the discounts granted under subsections (a) and (c) of
this section as tax deduction based on the cost of the goods sold or services rendered:
Provided, That the cost of the discount shall be allowed as deduction from gross income
for the same taxable year that the discount is granted: Provided, further, That the total
amount of the claimed tax deduction net of VAT, if applicable, shall be included in their
gross sales receipts for tax purposes and shall be subject to proper documentation and
to the provisions of the National Internal Revenue Code (NICR), as amended.”