INTER-OFFICE MEMORANDUM TO: Atty. Juan S.

dela Cruz, Partner Kappa Rho, Kappa Rho Law Firm FROM: Atty. Pedro A. Penduco, Junior Associate Subject: Violation of Republic Act 9262: Anti- Violence against Women and Their Children Act of 2004 People vs. Wenceslao Date: June 20, 2011 ISSUE: Whether the behavior of the husband (the “opposing party”) in causing physical harm, mental or emotional anguish, repeated verbal and emotional abuse and denial of financial support constitute a violation of RA No. 9262: Anti-Violence against Women and Their Children Act of 2004.

Yes, under Section 5 of RA No. 9262, the conduct and behavior of the opposing party constitute acts of violence against women and their children. Section 5(a) includes causing physical harm to the woman or her children and Section 5 (i) includes causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including repeated verbal and emotional abuse and denial of financial support. In this situation where violence is inflicted against the woman and her children, the offender should be held liable for the acts of violence he inflicted, while the woman and her children should be afforded with necessary protection and given that reconciliation is improbable, I recommend the filing of the case. FACTS: Shayne and Gerry Wenceslao met sometime in 1989, became sweethearts and got married on October 12, 1995 at

The latest beating happened on May 1. Shayne and her children had transferred residence at least 8 times because they could no longer pay the rent whenever Gerry would not provide any support for a long period of time. The recent beatings Shayne took from Gerry happened on April 27.Quezon City. Shayne had to continually borrow money from her relatives and friends just to pay for their monthly bills and whenever she would ask Gerry for financial support. The family as well as the parents and siblings of Gerry (businessman) solely rely on him for their day-to-day living expenses while Shayne takes care of the children. who is then pregnant with their 2nd child. The four children were not spared from the verbal. Shayne wanted to live separate from Gerry’s family as most of the latter’s time and income goes to his parents and siblings. DISCUSSION: . which is the usual cause of their arguments. In 2003. 2011 when Shayne confronted Gerry and requested that the latter respects her and the children. Dei and Dre. Shayne’s first experience of domestic violence and physical abuse happened sometime in 1997 and Gerry threatened to kill Shayne with a gun. On May 5. Gerry acknowledged the children as his own and signed the certificates of Live Birth. when the latter confronted him about his extra marital affair with a certain woman. 2011 at about 10:30 in the evening when Gerry threw a charger and caused injuries to his eldest son. the latter would beat her and their children before he would give them allowance. Don. psychological and physical abuse of Gerry. Gerry threw a plate hitting Shayne’s lap and causing injuries. Gerry started living with another woman named Gel Isana. Gerry started to provide inadequate support for the family which left Shayne desperate and anxious looking for other sources of income. with whom he had 2 children. 2011. another argument broke out and Gerry choked Shayne and almost killed the former. Out of their union 4 children were born: Don. Dane.

respect and fidelity and instead inflicts physical. respect and fidelity and render mutual help and support. from violence and threats to their personal safety and security. Gerry. and enumerates the acts of violence against women and their children. Gerry would oftentimes beat or threw something to Shayne or to their children which results to physical injuries. observe mutual love. it cannot be denied that her husband. defines physical. Article 68 of the Family Code of the Philippines states that the husband and the wife are obliged to live together. the latter still go to their house and beats Shayne . If a husband is then incapable of providing mutual love. the husband should also be held liable for the violence he inflicted. emotionally. such is still inadequate and at the expense of beating them first. RA No. 9262 was enacted. Gerry also deprives them of financial support and even though sometimes he gives them allowance. The State recognizes the need to protect the family and its members particularly the women and children. emotional and psychological abuse to his wife and family. 9262. living with a hostile and violent environment may affect their personal development. psychological and economic abuse. the issue then is more than that of a legal separation.Violence destroys the foundation of a family: relationship. It is the emotional anguish and trauma that the children experience whenever their father would them and their mother. In the case of Shayne and her children. Furthermore. thus Republic Act No. It also provides for the corresponding punishments given to the offender as well as the pertinent protection that will be given to the victims of such violence and abuses. psychologically and financially abuses them. It is not enough that they are living separate from Gerry because from the foregoing facts. But more than the physical and financial abuses. it is the emotional and psychological abuses that are more important. physically. sexual.

Shayne and the children should be given not only protection but also psychological treatment or program which is provided for in Republic Act No. 9262. Gerry should be held liable for the violence he had and still inflicting to his family.and their children. Gerry then committed violation of Section 5(a) and (i) of RA No. . Furthermore. 9262.

Sign up to vote on this title
UsefulNot useful