03-24-2023, 10:45 PM
The Anti-Violence Against Women and their Children Act of 2004
The elements of a violation of Sec. 5(i) of RA 9262 are as follows:
-The offended party is a woman and/or her child or children;
-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 within or without the family abode;
-The offender causes on the woman and/or child mental or emotional anguish; and
-The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor or 46 children or access to the children or similar to such acts or omissions.
The Court in Reyes v. People, elucidated that conviction under Sec. S(i) of RA 9262 requires proof of the indispensable elements of ( 1) psychological violence as the [means employed by the perpetrator consisting of any acts enumerated in S c. S(i) or similar acts, and (2) the mental or emotional suffering or damage sustained by the offended party. Further, it has been stressed that "the law does not require proof that the victim become psychologically ill due to the psychological violence done by her abuser. Rather, the law only requires emotional anguish and mental suffering to be proven. To establish emotional anguish or mental suffering, jurisprudence only requires that [the victim testify in court and narrate such experiences,
"Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her
child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm suffering, or economic abuse including threats of such acts,
battery , assault, coercion, harassment or arbitrary deprivation of liberty. It includes but is not hm1ted to, the following acts:
-Physical violence
-Sexual violence
-Psychological violence
-Economic abuse
Marital infidelity is one of the forms of psychological violence.
The elements of a violation of Sec. 5(i) of RA 9262 are as follows:
-The offended party is a woman and/or her child or children;
-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 within or without the family abode;
-The offender causes on the woman and/or child mental or emotional anguish; and
-The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor or 46 children or access to the children or similar to such acts or omissions.
The Court in Reyes v. People, elucidated that conviction under Sec. S(i) of RA 9262 requires proof of the indispensable elements of ( 1) psychological violence as the [means employed by the perpetrator consisting of any acts enumerated in S c. S(i) or similar acts, and (2) the mental or emotional suffering or damage sustained by the offended party. Further, it has been stressed that "the law does not require proof that the victim become psychologically ill due to the psychological violence done by her abuser. Rather, the law only requires emotional anguish and mental suffering to be proven. To establish emotional anguish or mental suffering, jurisprudence only requires that [the victim testify in court and narrate such experiences,
"Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her
child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm suffering, or economic abuse including threats of such acts,
battery , assault, coercion, harassment or arbitrary deprivation of liberty. It includes but is not hm1ted to, the following acts:
-Physical violence
-Sexual violence
-Psychological violence
-Economic abuse
Marital infidelity is one of the forms of psychological violence.