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Inquiry:

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JA and JI have been in a relationship and are living together for three (3) years. This year, JI proposed to JA, and she enthusiastically accepted. JA’s family was shocked when she suddenly came home with physical bruises and blood on her face and body. JA told her father that JI had beaten her. The next day, JI apologized to JA, explaining that he had lost his cool. 

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JI begged JA for forgiveness and told her that he loved her. JA admitted that she still loves JI but insisted that she would file a case against JI for physical abuse under the Violence Against Women and Children (VAWC) Act of 2004.

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Can JA still file a case against JI for physical abuse under VAWC? In case JA will desist from filing the case, can JA’s family file a case on behalf of her instead?

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Answer: 

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Yes, JA can still file a case against JI for physical abuse under VAWC. Under Section 3 of the VAWC act, physical violence refers to acts or series of acts that include bodily or physical harm committed by any person against a woman with whom the person has a dating relationship. The victim can file the case before the Regional Trial Court designated as a Family Court, or the Regional Court where the crime was committed.

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Similarly, JA’s family can file the case against JI on behalf of her. As provided by Section 25 of the VAWC Act, violence against women is considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime. In Jesus Garcia v. Honorable Ray Drilon, G.R. No. 179267, 25 June 2013, the Supreme Court acknowledges that as a public offense, its proseuction is independentof the victim’s initial paritcipation. 

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Essentially, the VAWC Act is a landmark legislation that afford special and exclusive protection to women and children who are vulnerable victims of domestic violence. By offering specialized and exclusive protection, the State makes fulfill its commitment to upholding women’s rights, and ensuring women empowerment.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance in cases involving violence against women and children consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as filing cases on Violence Against Women and Children and availing protection orders in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.