VAWC

1. Inadequate financial support

- PHP 10,500.00 financial support being provided

- Carlos needs PHP 15,000.00 monthly + school expenses + tuition of PHP

61,350.00

- Financial capacity of Bernard: PHP 80,000.00 basic + bonus and allowances

- Deliberately providing the woman’s children insufficient financial support

2. Neglected his obligations as a father

3. Section 5(1) Psychological Violence

- Causing mental or emotional anguish, public ridicule or humiliation to the

woman or her child, including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or custody of minor children
or denial of access to the woman’s child/children

- Psychological violence is an element of the crime

- Psychological violence is the means employed by the perpetrator, while

mental or emotional anguish is the effect caused to or the damage sustained
by the offended party

- To establish psychological violence as an element of the crime, it is necessary

to show proof of commission of any of the acts enumerated in Section 5(i) or
similar acts

- To establish mental or emotional anguish, it is necessary to present the

testimony of the victim as such experiences are personal to this party

- Thus, in cases of support, it must be first shown that the accused’s denial
thereof – which is, by itself, already a form of economic abuse – further
caused mental or emotional anguish to the woman-victim and/or to their
common child

4. Section 5 (e) Deprivation or denial of support

- The portions of Section 5 (e) and 5 (i) that deal with denial or deprivation of
financial support punish different things. Section 5 (e) punishes the
deprivation of financial support for the purpose of controlling the woman or to
make her and/or her child or children lose their agency. Section 5 (i), on the
 other hand, punishes the willful infliction of mental or emotional anguish, or
public ridicule or humiliation upon the woman and/or her child or children by
denying her and/or her child or children financial support that is legally due
her and/or her child or children

- Thus, while the portions of Section 5(e) and 5(i) that deal with denial or
deprivation of financial support may seem similar at first glance, they, in
reality, deal with different matters and penalize distinct acts

- Variance doctrine cannot be applied

- Mere failure to provide financial support is not enough; those entitled to

support and are not given any have the remedy of filing a civil case for
support against the delinquent person, consistent with the provisions of the
CC and FC

5. Respondent shall not include in the opposition any counterclaim, cross-claim or

third-party complaint but any cause of action which could be the subject thereof
may be litigated in a separate civil action

- Counterclaim – any claim for money or other relief which a defending party
may have against an opposing party

6. Purpose of protection order

- Prevent further acts of violence against women and their children, their family
or household members, and to grant other necessary reliefs; its purpose is to
safeguard the offended parties from further harm, minimize any disruption in
their daily life and facilitate the opportunity and ability to regain control of their
life

- prevent the perpetrator from committing acts that jeopardize the employment
and support of the victim; to ensure financial support of children

- notwithstanding other laws to the contrary, the court shall order an

appropriate percentage of the income or salary of the respondent to be
withheld regularly by the respondent’s employer for the same to be
automatically remitted directly to the woman; failure to remit and/or withhold
or delay without justifiable cause shall be subject to indirect contempt