Violence and other forms of abuse at home are most commonly understood as a pattern of behavior intended to establish and maintain control over family, household members, or intimate partners.
Physical violence is only the most visible form of abuse. Psychological abuse, particularly forced social and economic isolation of women, is also common.
In a biblical tone, the Supreme Court noted in the case of Garcia v. Drilon (GR 179267 June 25, 2013) that the Philippines “is hailed as the bastion of Christianity in Asia, as it boasts of 93 percent of its total population adhering to the teachings of Jesus Christ. Yet, the admonition for husbands to love their wives as their own bodies just as Christ loved the church and gave Himself up for her failed to prevent, or even to curb, the pervasiveness of violence against Filipino women.”
The court said that many victims of domestic violence remain with their abusers, perhaps because they perceive no superior alternative. Many abused women who find temporary refuge in shelters return to their husbands, in large part because they have no other source of income. Returning to one’s abuser can be dangerous.
Justice Renato Puno stressed in Estrada v. Sandiganbayan ( 421 Phil 290) that “the history of the women’s movement against domestic violence shows that one of its most difficult struggles was the fight against the violence of law itself. If we keep that in mind, law will not again be a hindrance to the struggle of women for equality but will be its fulfillment.”
Justice Puno pointed out in a forum that “the paradigm shift changing the character of domestic violence from a private affair to a public offense will require the development of a distinct mindset on the part of the police, the prosecution and the judges.”
Republic Act (RA) 9262, or “An Act Defining Violence Against Women and Their Children” (VAWC) was enacted on March 8, 2004 and took effect on March 27, 2004.
RA 9262 defines and criminalizes VAWC acts perpetrated by women’s intimate partners, i.e, husband; former husband; or any person who has or had a sexual or dating relationship, or with whom the woman has a common child.
The law penalizes these acts that result 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.
The law provides for protection orders from the barangay and the courts to prevent the commission of further acts of VAWC; and outlines the duties and responsibilities of barangay officials, law enforcers, prosecutors and court personnel, social workers, health-care providers, and other local government officials in responding to complaints of VAWC or requests for assistance.
RA 9262 applies equally to all women and children who suffer violence and abuse.
It empowers any person having public knowledge of the circumstances involving the commission of an abusive act to file a criminal complaint.
In People v. Genosa (GR 135981, January 15, 2004), the Court acknowledged the deep psychological impact abusive relationships have on women when it considered the Battered Wife Syndrome as an extenuating and real circumstance. As a victim of BWS, her husband’s cumulative provocation had broken down her self-control and made the murder an act of passion.
In Go-Tan v. Spouses Tan (GR 168852, September 30, 2008), parents-in-laws may likewise be held liable for violation of RA 9262 under the principle of conspiracy.
In Reyes v. People (GR 232678, July 3, 2019), the denial of financial support is designed to subjugate the wife’s will and control her conduct, either to pressure her to withdraw said criminal case for bigamy or dissuade her from pursuing it, or at least, to discourage her from filing additional cases against him.
In AAA, v. BBB, (GR 212448 January 11, 2018), even if the alleged extramarital affair causing the offended wife mental and emotional anguish is committed abroad, the same does not place a prosecution absolutely beyond the reach of Philippine courts. The acts may manifest as transitory or continuing crimes wherein any of the crime’s essential and material acts have been committed maintains jurisdiction to try the case.
In the case of XXX v. People (GR 241390 January 13, 2021), the husband inflicted psychological violence upon his wife when he evicted her and their children from their conjugal home and when he maintained an extramarital affair with a woman in their conjugal home where they lived as a couple.
Atty. Gorecho heads the seafarers’ division of the Sapalo Velez Bundang Bulilan law offices. For comments, e-mail info@sapalovelez.com or call 0917-5025808 or 0908-8665786