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RA 9262

Genosa Case

A battered woman has been defined as a woman who is repeatedly subjected to


any forceful physical or psychological behavior by a man in order to coerce her
to do something he wants her to do without concern for her rights.

Punishable Acts (PEPS)


1. Physical violence
2. Economic Abuse
3. Psychological violence
4. Sexual Violence
Definition of terms
"Psychological violence" refers to acts or omissions causing or likely to cause
mental or emotional suffering of the victim
"Physical Violence" refers to acts that include bodily or physical harm
"Sexual violence" refers to an act which is sexual in nature, committed against
a woman or her child.
"Economic abuse" refers to acts that make or attempt to make a woman
financially dependent

Battered Woman Syndrome" refers to a scientifically defined pattern of


psychological and behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.

Aggravating circumstances
Act were committed:

1. While the woman or child is pregnant


2. In the presence of her child
Public crime, may be prosecuted upon the filing of a complaint by any citizen
having personal knowledge of the circumstances involving in the commission of
the crime
Dabalos v RTC 59
It is not indispensable that the act of violence be a consequence of such
relationship. Nowhere in the law can such limitation be inferred.
The law provides that any act can be considered as a crime of violence against
women through physical harm when it is committed against a woman or her
child and the woman is the offender's wife, former wife, or with whom he has or
had sexual or dating relationship or with whom he has a common child, and
when it results in or is likely to result in physical harm or suffering.

Tldr; Prior relationship, pasok sa 3(a)

Bucal v Bucal
It should be emphasized that Cherith had already been issued a PPO.

Tldr;
RTC issued visitation rights sa gagong accused eh may naissue na PPO sa victim.
SC: Conflicting ang visitation rights at PPO (permanent protection order) Grave
abuse of discretion, invalid ung visitational rights

Dinamling v People
Accused publicly accused his wife of being a whore, and brought several sex
partners to their dwelling. Victim suffered miscarriage as a consequence.

Section 5(i) “Causing mental or emotional anguish”


The elements of the crime are derived as follows:
(1) The offended party is a woman and/or her child or children;
(2) The woman is either the wife or former wife of the offender, or is a woman with
whom the offender has or had a sexual or dating relationship, or is a woman with
whom such offender has a common child. As for the woman's child or children, they
may be legitimate or illegitimate, or living within or without the family abode;
(3) The offender causes on the woman and/or child mental or emotional anguish; and
(4) The anguish is caused through acts of public ridicule or humiliation, repeated
verbal and emotional abuse, denial of financial support or custody of minor children or
access to the children or similar such acts or omissions
Melgar v People
Economic abuse, includes the deprivation of support, whether legit or illegit

Dolina v Vallecera

To be entitled to legal support, petitioner must, in proper action, first establish


the filiation of the child, if the same is not admitted or acknowledged.

Since Dolina’s demand for support for her son is based on her claim that he is
Vallecera’s illegitimate child, the latter is not entitled to such support if he
had not acknowledged him, until Dolina shall have proved his relation to him.

AAA v BBB
It is necessary, for Philippine courts to have jurisdiction when the abusive
conduct or act of violence was committed outside Philippine territory, that the
victim be a resident of the place where the complaint is filed in view of the
anguish suffered being a material element of the offense. In the present scenario,
the offended wife and children of respondent husband are residents of Pasig City
since March of 2010. Hence, the RTC of Pasig City may exercise jurisdiction over
the case.

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