Dear Martha,

The law applicable to your query is Republic Act No. 9262, otherwise known as the Anti-Violence Against Women
and their Children Act of 2004. Section 2 of the said law declares that the state values the dignity of women and
children and guarantees full respect for human rights . . . (thus) the state shall exert efforts to address the violence
committed against women and children in keeping with the fundamental freedoms guaranteed under the constitution
and the provisions of the Universal Declaration of Human Rights, the Convention on the Elimination of All forms of
discrimination against women, Convention on the Rights of the child and other human rights instruments of which
Philippines is a party.
From the policy of the law, it can be gleaned that the same was enacted primarily to protect the security of women
and their children. It defines as criminal any act, which tends to inflict violence against women and the children. It may
be physical violence, sexual violence, psychological violence or economic abuse.
The act of a man in depriving the woman or her children of financial support, which is legally due her or her family or
the act of deliberately providing the womans children insufficient financial support is considered as an economic
abuse against women and their children under R.A. 9262.
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 case 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.
Cases involving violence against women and their children under R.A. 9262 may be filed in the Regional Trial Court
designated as Family Court or in the absence of a designated Family Court, in the Regional Trial Court in the place
where the crime or any of its elements was committed at the option of the complainant.
In other words, the man who vehemently refuses to provide support to his children may be held criminally liable for
economic abuse under Section 5(e.1 and 2) of R.A. 9262. Acts falling under this Section shall be punished by prision
correccional or imprisonment for 6 months and one (1) day to six (6) years. If the man is adjudged to be guilty of the
said crime, he will suffer imprisonment by virtue of such conviction.

In addition to imprisonment, the perpetrator shall 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 (P 300,000.00) and undergo mandatory
psychological counseling or psychiatric treatment and shall report compliance to the court (Section 6, RA 9262).
We hope that we were able to address your concern.
Editors note: Dear PAO is a daily column of the Public Attorneys Office. Questions for Chief Acosta may be sent
to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTION> and send to 2299).