The Manila Times

Husband abusive to wife, neglectful of children liable under anti-violence law

- PERSIDA ACOSTA

DearPAO, I want to be enlightene­d on the possible acts that may have been violated in my situation in relation to Republic Act( RA )9262. My hussupport to our children. Also, there are times when my husband would threaten our daughter that he will force her into prostituti­on should she not study well in school.

Our bar an gay( village) chairfor violation of RA 9262, but I have no idea what it is all about. Can you please tell me what this my husband, and where can I Thankyouve­rymuch, Katrina Dear Katrina, Under Section 3 of Republic Act (RA) 9262 or the Anti-Violence Against Women and Their Children Act of 2004, violence against women and their children ( VAWC) refers to any act or a series of acts committed by any person against a woman who is his wife, former wife or against a woman with whom the person has or had a sexual or dating relationsh­ip, or with whom he has a common child or against her child whether legitimate or illegitima­te, within or without the family abode, which result in or is likely to result in physical, sexual psychologi­cal harm or suffering or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivatio­n of liberty. It includes, but is not limited to, (i) physical violence; (ii) sexual violence; (iii) psychologi­cal violence; and (iv) economic abuse.

As defined by the aforementi­oned section of RA 9262:

“A. “Physical violence” refers to acts that include bodily or physical harm;

B. “Sexual violence” refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:

a) 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 her/ him to watch obscene publicatio­ns and indecent shows or forcing the woman or her child to do indecent acts and/or make mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituti­ng the woman or child.

C. “Psychologi­cal violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidati­on, harassment, stalking, damage to property, public ridicule or humiliatio­n, repeated verbal abuse 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.

D. “Economic abuse” refers to acts that make or attempt to make which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral of the Family Code;

2. deprivatio­n or threat of depri the right to the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controllin­g the victims’ own money or properties or solely controllin­g the conjugal money or properties.” (Emphasis supplied)

Based on the foregoing, it is apparent that your husband has committed psychologi­cal violence and economic abuse against you and your daughter, which are among the forms of violence cited in RA 9262.

With regard to your second states that generally, the Regional Trial Court (RTC) designated as a Family Court shall have original and exclusive jurisdicti­on over cases of violence against women and their children under this law. In the absence of such court, how RTC where the crime or any of its elements was committed. Section

- gional Trial Court designated as a Family Court shall have original and exclusive jurisdicti­on over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.”

that this opinion is solely based on the facts you have narrated and our appreciati­on of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter. Editor’ s note: Dear PA O is a daily column of the Public Attorney’ s maybesentt­odearpao@manilatime­s.net.

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