Prescriptive period for abuse

Dear PAO, I intend to file a case of violation of the law on anti-violence against women against my common law husband/live-in partner. In relation to this, I want to know the prescriptive period for physical, economic and psychological violence. This is important to me and my children because it will ease my anxiety, at this time of pandemic, to know that the offense against us has not yet been prescribed.

Mary Grace

Dear Mary Grace,

The answer to your question is found in the provisions of Republic Act (RA) 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. Succinctly, Section 24 of the said law provides the prescriptive period for the acts penalized by the law, viz:

“SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.”

Pertinently, Sections 5 (a) to 5 (d) speak of the various forms and stages of physical abuse, while Section 5(e) dictates the acts of economic abuse and Section 5 (h) the crime of psychological abuse, to wit:

“SECTION 5. Acts of Violence Against Women and Their Children. — The crime of violence against women and their children is committed through any of the following acts:

– Causing physical harm to the woman or her child;

– Threatening to cause the woman or her child physical harm;

– Attempting to cause the woman or her child physical harm;

– Placing the woman or her child in fear of imminent physical harm;

– 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 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 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:

(1) xxx

(2) 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; xxx

(h) 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:

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

– Peering in the window or lingering outside the residence of the woman or her child;

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

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

– Engaging in any form of harassment or violence; xxx.” (Emphasis and Underscoring Supplied)

Applying the foregoing, it is clear that the crimes of physical and economic violence prescribe in 20 years, while the crime of psychological violence has a prescriptive period of 10 years.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@ manilatimes.net