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PRACTICE &

PROCEDURE IN FAMILY COURTS


ACA NIMFA CUESTA VILCHES

RA 8369 : Family Courts Act [28 October 1997] Jurisdiction :


Guardianship / Habeas Corpus For Custody Of Minor Children / Adoption / Declaration Of Nullity Of VOID, Annulment Of VOIDABLE Marriage / Cases Relative To Status

And Property Relations [Legal Separation] / Dissolution Of Conjugal Partnership / Support / Acknowledgment / Summary Proceedings For The Delivery Of Presumptive Legitime; Approval Of Bond ;

Declaration Of Presumptive Death / Declaration Of Children As Dependent Abandoned And Neglected / Constitution Of Family Home / Domestic Violence Against Women And Their Children [ RA 9262 ]

1] Article 35, FC/ SC Rule On Declaration Of Nullity, Annulment Of Marriage [15 March 2003 ] - Below 18YO / Solemnizing Officer No Authority / No License / Bigamous, Polygamous / Mistake Of Identity / Failure To Register Decree With LCR, Reg. Of Property

Bigamous Marriage?
Married Woman And Single Man Belonging To Jehovahs Witness With Declaration Of Pledging Faithfulness Conjugal Arrangement Not Penalized, Exempt From Law : Freedom Of Religion [Estrada vs. Escritor, AM No. P-02-1651, 22 June 2006]

Bigamy Issues : Contracts


Void Marriage But Not Declared Null And Void, Remarries- Bigamy [Bobis

vs. Bobis, 336 SCRA 747, Manuel vs. People, GR 165842, 29 November 2005] / 1st Marriage No Marriage
Ceremony - No Bigamy, 1st Not Even Ostensibly Valid

[Morigo vs. People, G.R. 145226, 6 February 2004]

[Tenebro vs. CA, GR No. 150758, 18 February 2004 ]

Bigamy Is Committed Even If Second Marriage Declared Null And Void Based On Psychological Incapacity Because Although Void Ab Initio, Still Produces Legal Consequences As Bigamy

Contracted By Any Party At Time Of Celebration Of Marriage Psychologically Incapacitated To Comply With Essential Marital Obligations Even Incapacity Became Manifest Only After Solemnization / No Less Than Mental One, Not Physical

2] Article 36, FC Marriage

[Santos vs. CA, 240 SCRA 20]

Reasons For Article 36


New Code Of Canon Law [1983] Has Same Ground / Parties With ChurchAnnulled Marriages Given Same Remedy In Civil Courts / Additional Remedy Where Marriage Exists In Name Only Due To Inability To Perform Marital Obligations

Essential Marital Obligations [Family Code]


Husband And Wife Are Obliged To Live Together; Observe Mutual Love, Respect, Fidelity; Render Mutual Help And Support [Article 68] / Husband And Wife Shall Fix The Family Domicile [Article 69] /

Spouses Jointly Responsible For Support Of Family [Article 70] / Management Of Household [Article 71] / Exercise Parental Authority, Responsibility / Caring For, Rearing Of Children And Development Of Moral, Physical,

Mental Well-Being [Article 209] / Parental Authority Not Renounced [ Article 210] / Father, Mother Exercise Joint Parental Authority Over Children [Article 211] / Mother, Father Exercise Joint Legal Guardianship Of Property Of Child [Article 225]

Allege : Complete Facts That One Or Both Parties Psychologically Incapacitated To Comply With Essential Marital Obligations At Time Of Marriage Even If Incapacity Becomes Manifest Only After Celebration / Physical Manifestations, If Any

SC Rule : Expert Opinion Need Not Be Alleged / Respondent Need Not Be Examined In That Psychological Incapacity Is Determined By Totality Of Evidence Presented

[Marcos vs. Marcos, 343 SCRA 755] / At Pre -Trial


Conference, The Court Considers Advisability Of

Is The Incapacity At Issue Is Psychological Not Physical Incapacity Characteristics Of Psychological Incapacity : Gravity [Cannot Carry

Molina, GR No. 108763, 13 February 1997] Reason

Receiving Expert Testimony / [Republic vs.

Out Ordinary Duties Of Marriage ] / Antecedence [Root Of Trouble Traceable To History Before Marriage] / Incurability [Treatment Exceeds Ordinary Means] / No Specific Examples Under Family Code Not To Limit Interpretation But Is Confined To Most Serious

Utter Insensitivity, Inability To Give Meaning To Marriage [Definition Of PI In

Personality Disorders As Dependent, Anti-Social Personality Disorders With

But Not Insanity - Varies In Degrees, Curable, With Lucid Intervals / However,

Santos vs. CA, 112019, 4 January 1995; Te vs. Te] /

Living In World Of Make Believe, Pathological Liar Is Psychological Incapacity

[Antonio vs. Reyes, G.R. No. 155800, 10 March 2006] /


Active Participation By Public Prosecutor [Sin vs. Court With Clean Hands Principle Does Not Apply

Sin, G.R. No.137590, 26 March 2001] / Coming To

Even The Psychologically Incapacitated Spouse Can File Or Both Psychologically Incapacitated [Chi Ming Choi vs. CA, 266 SCRA 324] / Psychological Incapacity Is Decided On A Case To Case Basis [Te vs. Te, G.R. No.

161793, 13 February 2009]


The Molina Doctrine Has Become A Straightjacket

Forcing All Sizes To Fit, Be Bound, Both Spouses Are Psychologically Incapacitated- Husband Has Dependent Personality Disorder While Wife Disregards Rights, Controls Others / SURVEY OF PRIOR JURISPRUDENCE: Wifes Refusal To Return Home From US And Failure

To Communicate With Husband [Santos Case] Alcoholism / Sexual Infidelity / Abandonment By Husband [Hernandez

vs. CA, 320 SCRA 76]

Failure To Provide Support To Family / Physical Abuse / Abandonment

[Marcos, 343 SCRA 755]

Emotionally Immature / Alcoholic / Irresponsible / Fugitive From Justice [Republic vs. Dagdag, 351 SCRA 25] / Irreconcilable Differences And Conflicting Personalities [Choa

vs. Choa, 392 SCRA 641]

[Dedel vs. CA, 421 SCRA 461, Citing The Decision In Santos vs. CA Case] /

Flagrant Promiscuity, Psychologists Report That Respondent Suffering From Social Personality Disorder Exhibited By Blatant Display Of Infidelity

No Hope Of Reconciliation, Habitual Alcoholism, Sexual Infidelity, Perversion, Abandonment [Amy Perez-

Ferraris vs. Brix Ferraris, G.R. 162368, 17 July 2006] /


Being A Mamas Boy , Making Mother Beneficiary Making It Appear Spouse Single [Republic vs. Baguio,

G.R. 171042, 30 June 2008]

Wife Left Husband For Abusive Conduct, Not Abandonment For Legal Separation [Ong vs. Ong, 505 SCRA 76] / No Cohabitation Is Not Ground For Nullity, Otherwise Marriage Depends On Will Of Spouses [Villanueva vs.

CA, 505 SCRA 564]

Unfitness As Lawyer Not Automatic Unfitness As Husband, Vice-Versa / Infidelity, Falsifying Spouses Signature In Documents, Failure To Support Children, Abandonment- Grounds For Legal Separation Not Nullity

[Paras v. Paras, G.R. No. 147824, August 2, 2007]

Psychological Incapacity Not Ground For Moral Damages, As It Is Beyond Control Of Spouse Due To Innate Inability To Comply With Marital Obligations

[Valdes vs. RTC Br. 102, Valdez, G.R. 112747, 31 July 1996] /

Property Regime Nullified Under Article 36: Co-Ownership

[Buenaventura vs. CA, G.R. 127449, 31 March 2005]

3] Article 37 Incestuous Marriage Between Parties Whether Relationship Is Legitimate / Illegitimate: A) Between Ascendants , Descendants Of Any Degree B) Between Brothers And Sisters, Full Or Half-Blood

4] Article 38 Marriage Against Public Policy (9) Collateral Blood Relatives / Step Parent, Step Child / Parent - InLaw, Child In - Law / Adopting Parent , Adopted / Surviving Spouse Adopter , Adopted / Surviving Spouse Of Adopted , Adopter / Adopted Child ,

Legitimate Child Of Adopter / Adopted Children / Intent To Marry Kills Spouse 5] Article 45 [6] Voidable Over 18, Below 21 Without Consent / Unsound Mind / Consent By Fraud [Prior Conviction / Pregnancy / With STD / Drug, Alcohol Addiction ]

/ Consent By Force, Intimidation Or Undue Influence / Physically Incapable To Consummate Marriage / Afflicted With STD Parties: Husband, Wife Solely / With FC / Does Not Prescribe Art. 36: Allege Complete Facts Of Psychological Incapacity Of One, Both

Parties To Comply With Essential Marital Obligations At Time Of Celebration Even If Such Became Manifest After / Allege Physical Manifestation / Need Not Allege Expert Opinion Summons: Can Be Served By Publication

No Motion To Dismiss Except For Lack Of Jurisdiction / Answer Verified Personally By Respondent Not Counsel Or Attorney - In - Fact, No Declaration Of Default If No Answer Filed Social Worker : Submits Study Report 3 Days Before The PTC

Appearance Of Office Of Solicitor General [OSG] During Hearing, Not Required , Instead Public Prosecutor Participates For The State To Investigate Collusion, Evidence Not Fabricated / OSG May File Memorandum, Appeal If Marriage Is Of Interest To State

Public Prosecutor : Investigates And Submits Report Within1 Month From Order / Collusion: State Basis, Parties Comment / Hearing / Court Convinced- Dismiss / Appear At PTC / Investigate Collusion If Respondent With Answer Fails To Appear / Finds Collusion -

Appear In Trial For State To Prevent Suppression, Fabrication Of Evidence 6 Prohibited Compromises: Civil Status / Validity Of Marriage / Ground For LS / Future Support / Jurisdiction Of Court / Future Legitime / Trial : Personally By Judge

Not Ex Parte , By Commissioner / Memoranda: OSG If Of Significant Interest To State / Appeal : Aggrieved Party / OSG / Decree : After Registration, Publication : Best Evidence Death Of Party: Before EntryClosed, Terminated / After Entry- Binding On Parties, Successors In - Interest

Foreign Divorce
No Divorce Law / Art. 15 CC On Nationality Rule Filipinos Governed As To Status & Capacity By Philippine Law Wherever They Are / Tenchavez vs. Divorce Against Prohibitive Laws Under Art. 17 Of CC / Validity Of Foreign Divorce Leads To Discrimination

Escano, 15 SCRA 355-

Orbecido, G.R. 154380, 5 October 2005 ] But Alien At


Time Of Divorce / Divorce Recognized Upon Proof Of [1] Foreign Law Allowing Divorce [2] Divorce Decree

Acquired By Filipinos - Void Against Public Policy, Except : By Alien Spouse [Art. 26, FC] Or Former Filipinos [ Republic vs.

[ Garcia vs. Recio, 366 SCRA 437 ] And Rule 39, Sec. 48, 1997 Rules Of Civil Procedure, With Proof That Divorce Decree Capacitates Foreigner Spouse To Remarry / Legal Effects [ Custody Of Children ] Still Determined By Philippine Courts [ Roeh vs. Rodriguez, 404 SCRA 495]

Bigamy Issues : Contracts


Void Marriage But Not Declared Null & Void And Remarries - Bigamy [Bobis

vs. Bobis, 336 SCRA 747, Manuel vs. People, GR 165842, 29 November 2005] / [Morigo vs. People, GR 145226, 6 February 2004]
1st Marriage No Marriage Ceremony, No Bigamy, 1st Not Even Ostensibly Valid

SC Rule On Legal Separation [ Articles 55 - 67, FC ] By H , W Within 5 Years From Occurrence Of Any Of 10 Causes : 1] Repeated Physical Violence, Grossly Abusive Conduct Against Petitioner (P), Common Child, Child Of P, 2] Physical Violence, Moral Pressure To Compel P Change Religious, Political

Affiliation, 3] Attempt Of Respondent To Corrupt Or Induce P Or Child Engage In Prostitution, 4] Final Judgment Sentencing Respondent (R) To Imprisonment Of More Than 6 Years Even Pardoned, 5] Drug Addition Or Habitual Alcoholism

Of R, 6] Lesbianism Or Homosexuality Of R,
8] Sexual Infidelity, Perversion Of R, 9] Attempt On The Life Of P By R 10] Abandonment Of P By R Without Justifiable Cause For More Than 1 Year

SC Rule On Provisional Orders [ 15 March 2003 ] In

Nullity / Annulment / LS

1. Order For Any Person To Stay Way From Home, School, Business Or Place Of Employment Of Child, Other Parent Or Any Other Party In Any Other Place Designated By

3] Refrain From Acts Of Commission Or Omission Creating Risk To Health, Safety Or Welfare Of Child 4] Permit Parent Or Person Entitled To Visitation / Separation

Whom Custody Awarded

Court 2] Refrain From Harassing, Intimidating, Threatening Child, Parent Other Person To

Mediation In Family Cases : Support / Custody / Visitation / Property Issues / Cases Under RA 9262 Cannot Be Mediated / No Compromise n Civil Status Of Persons, Validity Of Marriage, Ground For Legal Separation, Future Support, Legitime, Jurisdiction

Article 41, Family Code : Declaration Of Presumptive Death


Generally Not Required As Presumption Arises From The Law [ Arts. 390-91,

CC, 7/10 Years Absence, If Risk Of Death High, Only 4 Years Absence]

Mandatorily Required Under Art. 41, Family Code, Of Present Spouse To Capacitate To Remarry / Summary Proceeding / Absentee Presumed Dead 4 Consecutive Years Or 2 Years Where Danger Of Death High

Based On Well-Founded Belief Of Present Spouse Of Death Of Absent Spouse To Be Exempt From Adultery, Concubinage, Bigamy/

Interested Party, Else 2nd Marriage Protected*

Affidavit Of Reappearance By Any

SC Rule On Adoption
22 August 2002

Filipino Child By Filipino Residing In Phil. / Alien With 3 Years Continuous Residence In Phil. / Adopter At Least 18 Years Of Age / 16 - Year Age Difference / Adopted Not > 18 YO

A. Domestic Adoption [RA 8552] :

Residence Of Adopter Residence : Persons Actual Stay In Philippines For 3 Continuous Years 3 Exceptions To Residency And Certificate Of Alien Qualification : 1] Former Filipino Citizen Adopting Relative Within

Venue : Family Court Of

4th Degree By Blood Or Affinity / 2] Adopting Child Of Filipino Spouse 3] Married To Filipino Citizen Adopting Jointly With Spouse Relative Within 4th Degree Joint Adoption By Husband, Wife , Except : 1] One Spouse To Adopt

Legitimate Child Of The Other; 2] One Spouse To Adopt Legitimate Child Of Filipino Spouse 3] One Married To Filipino Citizen And Is To Adopt Jointly With Spouse A Relative Within 4th Degree Of Consanguinity / Affinity Of Filipino Spouse

4] Adopter Considered Child As His / Her Own

If Petition Also Prays For Change of Name [3 Requisites] :


1] Registered Name Of Child 2] Aliases Of Child Known 3] Full Name Child Is Known

Simulation Of Birth - Tampering

Of Civil Registry To Make It Appear In Birth Records Child Born To Person Not Biological Mother Causing Child To Lose True Identity & Status

1) Petition Also Prays To Rectify Birth Certificate ; 2) Simulation Prior To RA 8552 [ Rectification & Adoption Petition Filed Within 5 Years From March 1998 - March 2003 ] ; 3) For The Best Interests Of The Adoptee

If Petition Also Seeks Rectification, 4 Requisites :

Order Of Hearing :
1] Order For Publication 2] Court / LGU Or Child Placement / DSWD Social Worker [ SW ] Prepares, Submits Child & Home Study Reports Before Hearing 3] SW Counseling With Biological Parents , Submits Report Before Hearing

Discretionary Notice : OSG Prosecutor, DSWD, Biological Parents If Known / Mandatory Notice In Petition For Change Of Name / Petitioner And Adoptee Personally Appears / Testify Before The Judge / FC Verifies From SW vs. Hasty Decisions / Inimical Stay Of Child In Own Home

Clerk Of Court : 1) Issue Certificate Of Finality After 15 Days To Appeal 2) Book Of Adoption B] Duties Of LCR : 1) Annotate Original BC / Issue BC / Seal Original BC, Open On Order Of FC Granting Decree / Compliance To FC

Decree Of Adoption : A] Duties Of

Years / Only By Adoptee As Adoption To Best Interests Of Child / Grounds : Repeated Violence / Attempt On Life Of Child / Sexual Assault / Abandonment / Recourse Of Adopter : Disinheritance / Venue: Residence Of Adoptee

Rescission Of Adoption : 5

/ Order For Adopted To Use Name In Original Birth Certificate [BC], Foundling Certificate / Order LCR To Cancel New, Reinstate Original Birth Certificate Service Of Judgment : To Civil Registrar To Enter Rescission Decree, Submit Compliance To Court / SC Rule Supersedes Rule 99

Use Of Surname Of Natural Mother As Middle Name Of Illegitimate Child Upon Adoption By Natural Father Not Prohibited / Liberal Construction Of Adoption Laws In Favor Of Adoption [ In Re Adoption Of Astorga Case, 31 March 2005 ]

Inter - Country Adoption [ RA 8043 ] Approved 7 June 1995


Adoption Of Filipino Children By Foreign Nationals And Filipinos Permanently Residing Abroad / 27 Years Old / 16 Years Difference / Adoptee Not > Than 15 Years Old Venue : FC Where Child Resides / Found / Petition Filed With ICAB

1) Ascertain If The Petition Is Sufficient In Form And Substance ; 2) Determine If The Petition Is A Proper Case For Inter Country Adoption ; 3) Immediately Transmit Petition To ICAB For Appropriate Action*

Duties Of

The Family Court:

Limited To 600 / Year For 1st 5 Years To Protect Child From Abuse / Accredit, Cancel License Of Child Placement / Last Resort / Abides By Hague Convention On InterCountry Adoption, UN CRC Prohibiting Foreign Illegal And Premature Adoptions

2 Ways US Citizen Adopts Child Overseas [Immigration And Nationality Act (INA)] 1] Child Previously Adopted Under 16 YO / Resided, In Legal Custody Of Adoptive Parents For At Least 2 Years, Or 2] Orphan (Under 16 YO When 1-600 Petition Filed With CIS, DHS/ No Parents, If Has But Incapable Of

Caring And In Writing Irrevocably Releases Child To Adoption, Migration / Adopting Parents Have Legal Custody Of Child And / Child Was Or Will Be Adopted By Married US Citizen And Spouse Jointly Or Unmarried US Citizen At Least 25 YO For Bona Fide Child-Parent Relationship

SC Rule On Support [Arts. 194-210 FC]


Spousal Support : Rules 1. No Agreement - ACP / CPG ; 2. Period - Of Time Court Deems Just On Standard Of Living During Marriage ; 3. Factors - Custodian Of Child Cannot Find Outside

Employment / Time For Sufficient Education For Work / Duration Of Marriage / Factors : Comparative Resources / Needs , Obligations / Contribution To Marriage Such As Home Making, Child Care, Career Building Of Spouse / Age

And Health / Physical And Emotional Condition / Ability Of Spouse To Give Support / Other Factors 4. Court Order For Deduction From Salary Child Support : From ACP Or CPG Of One Or Both Spouses For Support , Maintenance And Education Proportionality : As To

Resources And Means Of Giver , Needs Of Recipient Factors : Financial Resources Of Custodian, Non - Custodian Parent / Physical, Emotional Health Of Child / Standard Of Living Child Accustomed / Non-Monetary Contribution For The Care Of Child

SC Rule On Custody And Visitation [Art. 209-216]

Basis : Best Interests Of Child Factors : Agreement, Desire And Ability To Foster Loving Relationship / Childs Health, Safety / History Of Child, Spousal Abuse / Nature, Frequency Of Contact With Both

Parents / Habitual Use Of Alcohol, Regulated Drugs / Most Suitable Environment / Child Of Sufficient Discernment > 7 Has Preference Provisional Custody Order Of Preference : Parents Jointly / Either, Choice Of Child Above 7 / Surviving Grandparent If

Several - Chosen By Child Over 7 / Eldest Brother , Sister Over 21 YO / Actual Custodian / Any Person 3 - Day Notice For Person With Temporary Custody Transferring Residence / Taking Out Child, Parents Visitation Rights Should Not Be Prejudiced

Rule On Guardianship Of MINORS [1 May 2003]


On Person , Property Of Minor Child / Any Person , Minor 14 YO Venue : FC Where Minor Actually Resides / Adult Incompetent , File With Regular RTC

4 Grounds Of Guardianship Petition : 1] Death, Continued Absence, Incapacity Of Parents / 2] Suspension, Deprivation, Termination Of Parental Authority / 3] Remarriage Of Surviving Unfit Parent / 4] Best Interests Require

Qualifications : Moral, Physical, Mental Financial / Relationship Of Trust / Availability To Exercise Power / No Conflict Of Interest / Ability To Manage Property / Preference : Any Surviving Grandparent / Oldest Brother Or Sister /

/ Actual Custodian / Any Other Person Case Study Report : By Social Worker Who May Intervene If Petition To Be Denied / Notices / Hearing Bond : Determined By Court [ Not Less Than 10% ] For Letters Of

Guardianship To Issue Conditions Of Bond : Inventory Within 3 Months From Letters Of Guardianship / Execute Duties Of Trust, Manage, Dispose Property For Bests Interests Of Child, Provide Care, Custody, Education / Accounting

General Duties : Pay Just Debts / Settle All Accounts, Demand, Sue, Receive All Debts / Manage / Consent To Partition / Submit Inventory / Report New Property / Accounting After 1 Year From Appointment And Every Year Thereafter Removal : Insanity / Incapable To Discharge Functions

SC Rule On Custody Of Minors And Writ Of Habeas Corpus In Relation To Custody Of Minors [15 May 2003]

Filed In Province, City Where Petitioner Or Minor Found / Allege Material Operative Facts Consisting Deprivation Of Custody / No Motion To Dismiss Except Lack Of Jurisdiction / Case Study Of Social Worker / Mandatory Pre - Trial /

Mediation / Provisional Custody / Temporary Visitation Rights / Factors In Custody : Best Interests Of Child, Extra-judicial Agreement, Ability To Foster Loving Relationship, Health, Safety, Welfare Of Minor, History Of Child Or Spousal Abuse, Nature And

Frequency Of Contact With Parents, Use Of Alcohol Or Drugs, Marital Misconduct / Suitable Environment, Preference Of Minor Over 7 With Discernment / HDO / Protection Orders Petition For Writ Of Habeas Corpus : Enforceable Within Jurisdiction Of FC

Maybe Filed With SC, CA To Be Valid Nationwide, Maybe Returnable To FC For Hearing And Decision Illegitimate Children Under Parental Authority Of Mother / Habeas Corpus Cannot Be Filed Against Mother [Briones vs. Miguel, 18 October 2004]

RA 9262 : Anti - VAWC FEATURES :


Legal Focus To Victims : VAWC Now A Crime , Public Crime / Any Person May File : Offended Party / Parents / Guardian / Ascendant / Descendant / Collateral Relatives Within 4th Degree / DSWD / Law

Enforcement / Barangay Officials / Lawyers / Healthcare Professionals / 2 Citizens With Personal Knowledge Of Violence *With Penalties And Fines *Maximum Penalty When Woman , Minor Is Pregnant / Committed In The Presence Of Her Child

Forms Of Violence 1) Physical Bodily Or Physical Harm / Maltreatment 2) Sexual Rape / Sexual Harassment / Acts Of Lasciviousness / Treat As Sex Object / Demeaning Sexual Remarks / Physical Attack Of Sexual Bodily Parts / Forcing To Watch

Obscenity And Indecent Acts / Prostituting Victim 3) Psychological Acts / Omissions Causing Or Likely To Cause Mental Or Emotional Suffering As Stalking / Ridicule / Humiliation / Repeated Verbal Abuse / Allowing

To Witness Violence Committed To Member Of Family / Damage To Property / Marital Infidelity / Pornography [ Sale Of Womens Bodies In Audio-Video ] / Injury To Pets / Unlawful Deprivation Of Custody And Visitation Of Common Children /

Total Neglect And Abandonment 4. Economic Withdrawal Of Financial Support / Deprivation , Threat Of Withdrawal Of Resources, Right To Enjoy Property / Destroying Household Property / Controlling Ones Money

Protective Orders [ BPO / TPO / PPO ] : To Prevent, Safeguard Victims From Further Acts Of Violence / BPO [Physical, Threats] Issued Ex-Parte, Without Lawyer, 15 Days Valid / TPOIssued By Any Court, 30 Days Valid, Renewable, No Legal Fees / PPO Issued Upon Hearing, After Decision

[Court Cannot Issue Mutual Orders Of Protection As It Would Be Difficult For Law Enforcement To Enforce, Not Effective To Prevent Further Abuse ] / Filing By Victim Of TPO Suspends Rights Of All Other Authorized Parties [Sec. 8,

Par. 2, SC Rule On VAWC]

Perpetrator Removed From Home Owned By Him, Allowed Provided No Adjudication As To Ownership [ No Due Woman Lets Perpetrator Barred By PO To Enter Home To Do So, Not Allowed / By Court Order / Remedy Is Modification

Process Violation ]

Pre - Trial Conference : Victim Must Appear / Case NOT Referred For Mediation / Consider Issuing TPO / Simplify Issues / Cannot Compromise Civil Status, Future Support, Legitime, Jurisdiction , Validity Of Marriage / Expert Witness In Case Of BWS

Battered Woman Syndrome : Scientifically


Defined Pattern Of Psychological , Behavioral Symptoms In Women Living In Battering Relationships Due To Cumulative Abuse No Criminal, Civil Liability / Justifying Circumstance Of Complete Self-Defense

Couple In Battering Cycle 2x, [2] Final Acute Battering Produced In Mind Of Battered Person Actual Fear Of Imminent Harm, [3] Time Of Killing Batterer Posed Probable Grave Harm [People vs.

3 Requirements : [A]

Genosa, G.R. 148220, 15 June 2005]

Trial : Apply Other Laws [Anti Rape Law, RA 7610] And SC Rule On VAWC , Rule On Examination Of Child Witness Allowing LiveLink Testimony / Sexual Shield Rule / Evidence On History Of Abusive Conduct Allowed If Relevant / Convicted Respondent Referred To Rehabilitation

THANK YOU VERY MUCH!