Support and the anti-VAWC Act

Republic Act No. 9262, which is more popularly known as the Anti-VAWC Act, was enacted as a form of affirmative action to protect women and their children against common abuses committed by their husbands, partners, or those they have a history of dating.

Over two decades that RA 9262 has been in effect, a surfeit of cases have been filed in courts that invoked its provisions.

Apart from physical abuse, economic abuse has been a common ground to file criminal cases against husbands who have failed to provide consistent support to their wives and children, and biological fathers insofar as their biological children are concerned.

Economic abuse under RA 9262 is anchored on the failure to provide support to family members.

Yet the trouble with an affirmative action legislation sometimes is when its interpretation or implementation swings too far as to become unjust. When that happens, the law that is meant to prevent abuse, may become a form of abuse the other way.

This is called reverse discrimination.

                Let us take the case of economic abuse in RA 9262.

For a while, complainants have indiscriminately invoked the law to compel their husbands to provide support.

However, support is not the sole obligation of the father. It must be underlined that both parents are obliged to give support and not only the father. Thankfully, it was held that the father cannot be made liable for economic abuse under RA 9262 when the mother is equally capable of giving support to the children (XXX v. People, G.R. No. 255877, March 29, 2023).

And very recently, the Supreme Court stressed that “The mere failure or inability to provide financial support does not automatically give rise to a criminal liability even if the offended party experienced mental or emotion[al] anguish. A parent who makes earnest efforts to fulfill his or her responsibilities, despite limited means, should not be penalized for being unable to fully meet them. X x x Absent any deliberate intent to inflict mental and emotional anguish by wilfully denying her child financial support legally due, the proper remedy is civil in nature- specifically, the filing of a case for support against the delinquent parent, in accordance with the provisions of the Civil Code and the Family Code. (XXX273288 v. People of the Philippines, G.R. No. 273288, August 4, 2025).

Indeed, the message in jurisprudence is that criminal liability under RA 9262 is predicated on “intent” to deprive the woman or her children of support. If the failure to provide support is borne of financial difficulty itself such as that discussed in Acharon v. People, G.R. No. 22496, November 9, 2021, then there is no criminal liability as there is no criminal intent.

But on a personal note, what is more striking is that jurisprudence highlights the importance of joint obligation of the parents- both father and mother- to provide support to their children. It is not only the material aspect of support that counts but rather, the thoughtful and caring act of giving from parent to child that truly matters.

Transcending the usual battle of wills and wits between estranged couples is the “best interest of the child.” It means “the totality of the circumstances and conditions that are most congenial to the survival, protection, and feelings of security of the child and most encouraging to the child’s physical, cognitive, psychological, social, moral, and emotional development. It also means the best available alternative for safeguarding the growth and development of the child.” (Sec. 4 (a) A.M. No. 25-03-23-SC, June 27, 2026).

To quote Kahlil Gibran, “you can give your children love but not your thoughts; for they have their own thoughts. You can house their bodies but not their souls; for their souls dwell in the house of tomorrow which you may not visit; not even in your dreams. You can strive to be like them, but seek not for them to be like you. For life does not tarry with yesterday. You are the bows from which your children as living arrows are set forth.”

(The author is the senior partner of ET Reyes III & Associates (ETRIIILaw)– a law firm based in Iloilo City. He is a litigation attorney, a law professor, MCLE lecturer, bar reviewer and a book author. Among the books he authored is “Law on Property and Essentials of Land Registration [2024 Edition]” which was on the bestseller’s list in online shops for several months. In 2026, he published his second major legal textbook titled “Comprehensive Reviewer on Persons and Family Relations.” His website is etriiilaw.com).