Kgg. na Atty. Acosta,

NAIS ko pong humingi ng payo tungkol sa problema naming mag-asawa. Kami po ay 28 taon nang nagsasama na may apat na anak. Ako po ay isang agent sa isang realty company na kung saan ay marami po akong nami-meet na clients. Ito po ang nagiging dahilan ng pagseselos ng aking asawa na humahantong na sa pananakit niya sa akin nang paulit-ulit.         Wala naman po akong ginagawang masama, bagama’t nangangako siyang hindi na mauulit ay paulit-ulit pa rin niya akong sinasaktan hanggang humantong na sa muntikan na niya akong mapatay. Ano po ang nararapat kong gawin?

Lubos na gumagalang,
Jenny


Dear Jenny,

Maaari mong ihabla ang iyong asawa sa ilalim ng Republic Act No. 9262 o ang Anti-Violence Against Women and their Children Act of 2004. 

Ayon sa Seksyon 3 (a) ng nabanggit na batas, ang terminong violence against women and their children, ay nangangahulugan ng mga sumusunod:

“SEC. 3. Definition of Terms.- As used in this Act, (a) “Violence against women and their children” 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, the following acts:

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 films thereof, forcing the wife and 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 notlimited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and mental infidelity. 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.

D. “Economic abuse” refers to acts that make or attempt to make a woman financially dependent 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 grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and 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.”

Makikita na ang iyong naging karanasan sa iyong asawa ay angkop sa batas na nabanggit. Para sa inyong kaalaman, ang batas na ito ay may kaakibat na pagkakakulong alinsunod sa Seksyon 6 nito.

“SEC. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

a. Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

b. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

c. Acts falling under Section 5(e) shall be punished by prision correccional;

d. Acts falling under Section 5(f) shall be punished by arresto mayor;

e. Acts falling under Section 5(g) shall be punished by prision mayor;

f. Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.”

Pakalimiin ninyong mabuti ang mga susunod ninyong hakbang. Kung sakali at handa na kayong magsampa ng kaso laban sa inyong asawa, gamit ang Batas Republika 9262, makabubuting kayo ay sumangguni sa isang abogado.

Nais naming ipaalala na ang opinyon na ito ay nakabase sa inyong mga naisalaysay sa inyong liham at sa pagkakaintindi namin dito.  Maaaring maiba ang opinyon kung mayroong karagdagang impormasyon na ibibigay.

Maraming salamat po sa inyong patuloy na pagtitiwala.

Ang inyo pong lingkod bayan,

PERSIDA V. RUEDA-ACOSTA
Punong Manananggol Pambayan