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

Quezon City. Out of their union 4 children were born: Don, Dane, Dei and Dre. 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. Shayne wanted to live separate from Gerrys family as most of the latters time and income goes to his parents and siblings, which is the usual cause of their arguments. Shaynes first experience of domestic violence and physical abuse happened sometime in 1997 and Gerry threatened to kill Shayne with a gun, who is then pregnant with their 2nd child, when the latter confronted him about his extra marital affair with a certain woman. Gerry started to provide inadequate support for the family which left Shayne desperate and anxious looking for other sources of income. 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 latter would beat her and their children before he would give them allowance. In 2003, Gerry started living with another woman named Gel Isana, with whom he had 2 children, Gerry acknowledged the children as his own and signed the certificates of Live Birth. 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, 2011 when Shayne confronted Gerry and requested that the latter respects her and the children, Gerry threw a plate hitting Shaynes lap and causing injuries. On May 5, 2011, another argument broke out and Gerry choked Shayne and almost killed the former. The four children were not spared from the verbal, psychological and physical abuse of Gerry. The latest beating happened on May 1, 2011 at about 10:30 in the evening when Gerry threw a charger and caused injuries to his eldest son, Don. DISCUSSION:

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

and their children. Gerry should be held liable for the violence he had and still inflicting to his family. Furthermore, 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 then committed violation of Section 5(a) and (i) of RA No. 9262.