VAWC/RA 9262

Hi atty! I just want to consult a certain situation to you just to confirm if truly this woman is telling the truth. The situation goes like this. The wife is telling that she filed a case of VAWC/ra 9262 against her husband who is an ofw. She filed it last 2012 but the husband claimed that he did not receive any notice/subpoena regarding the case and when the case was filed he's abroad. Even his immediate relatives in the Philippines did not receive anything. So no one knows about the case except the wife who filed it. Now, the wife underwent 3 hearings already as she told her husband and this month she is only waiting for the resolution coming from the supreme court? And that might be a warrant of arrest already. Atty, how come the case prospered without the respondent? He was very sure that there was no subpoena sent to him abroad and in the Philippines? Now he is afraid to come home since he is thinking that he will be arrested at once

The prosecutor would continue with the Preliminary Investigation, file the information and the Court shall issue a warrant of arrest.

So atty, what the wife told to her husband is really true and not just blackmailing. But the husband did not receive subpoena, isnt it unfair that the case continued without even depending himself?

Salamat na rin kahit di kayo lawyer.

Defending..hehe

May mga salbaheng sinasadya na mali ang address:-) para di makarating ang accused. Pag natapos ang preliminary investigation at nasubmit ang case, wala syang kaalam alam na pwedeng may warrant of arrest na sya:-(

stevmart wrote:So atty, what the wife told to her husband is really true and not just blackmailing. But the husband did not receive subpoena, isnt it unfair that the case continued without even depending himself?

If proven that he didn't received a copy, he can request to reset or for another preliminary hearing.

Hi! I would like to be enlightened on other grounds which can be filed under VAWC.

I am married and we have 3 children. We have been living together for 11yrs now. I also have a 17 yr. old son from a previous relationship  who used to live with us. Since last year, there was an issue between me and my in-laws regarding the letter i sent my father in-law expressing my hurt & disappointment about what we have talked about. To be more specific, it is about me expressing my intention to rent a space in their property which he(father inlaw) openly told my side of the family and gave me an impression na nagkakaintindihan kami. But they had a family mtg, mom in law got hurt daw about my letter & a brother verbally expressed "bakit di mo pa hiwalayan yan" (referring to me, its a hearsay since i was not there in the meeting. So i would like to know if qualified ako magfile 9262 against my husband. Here are points I would like to use:

1. Fact- before i sent my letter to my father in law, i edited it twice and read it to my husband every time and asked for his opinion. His reaction and comment was always " sige tama lang yan ng magkaintindihan na" but since they(inlaws,including siblings) took it negatively, my hubby wentvwith their feelings and opinion and suddenly told me "wala na ako pakialam sa iyo, wag mo na rin ako pakialaman" and since then he does not talk to me anymore and to a point became hostile towards me.

2. More than 2yrs that he does not include me in financial & household management. Katulong lang ang kinakausap nya for concerns in the household and even our kids. If i initiate he declines or ignore me.

3. He started to talk to our maid about a certain woman who, at that time was a tenant of ours. Since that woman rented our apartment, he became close to her group na kapitbahay lang namin. Everytime he comes home he would be goung there and spend more time there than go home, they eat out and he treats this woman and her kids to their resaturant.



4. Whenever i attempt to talk to the woman just to clarify rumors, he gets mad at me. Last january he souted at me angrily and told me to stop texting nor attempt to talk to the woman, his reason "tigilan mo yan, wala syang kasalanan, ako ang lumalapit ako ang lumandi. Pagkagraduate ng anak mo sa april, lumayas na kayo dito, bahay ko ito"

5. My son told me one night he doesnt feel safe here anymore, he had experienced threats from my hubby just because he (my son) was on the computer which i allowed. This time i know it has already affected my son cause i arrived home seeing my son in the cr sitting at a corner refusing to go out.

6. Family occassions on his side of family: even if i am invited he will refuse to let me go with my kids. Other occassions he will not inform me, he will just tell the maid. His mom also does that, calls the house to inform the maid instead of talking to me first.

7. He did not inform me that our househelp will not be coming back which left me unable to work for more than two months and when i ask for him to at least give me allowance in lieu of me not being able to work he said "why should i?" and ignored me again.

8. He blocked my phone so i can't call him

9. Our son was hospitalized for dengue, 10days and he would seldom call us to check ask how he is but he has time to call the house ask our maid about things. On the day that we are about to go home, he does not reply to my txts on how i will be settling the acct. i had to ask my father in-law for him but instead, my father in-law told me to talk to my mother in-law who made us wait for 5hours. That really caused me stress.

10. Christmas he did not even called his kids to greet and New year and bday (january) he stayed out with his friends.

There are still other deatils i would like to include, situations which caused me anxiety and stress. Popular lang kasi sa VAWC physical violence and child support. Mine is more on emotional and psychological. Sorry if this is lengthy but i really want to weigh my options well. I don't want to file annullment as it is quite expensive and i think he is doing all of these for me to really give up and leave.

Thank you for your time and i appreciate any feedback. God bless

May warrant of arrest na daw po sya sa kasong ra 9262 at isa sa mga pinadalhan ng kanyang abogado ang bureau of immigration. Ibig po ba bang sabihin ay nasa watchlist na sya o di kaya may hdo? Maraming salamat po.

Magandang gabi po. Ako po si cam, 20yrs old. Pregnant po ako, 3mos. Nabuntis po ako ng kaibigan ko na may girlfriend. Sinasaktan niya po ako PHYSICALLY and VERBALLY po. Di na po niya alo tinutulungan sa pagbubuntis ko. Huling kita po namin, sinaktan niya ako at pinahiya sa daan. Nagpakuha po ako ng medical noon at kinabukasan dinala ko sa police station, womens desk. Pinapakuha po ako ng womens desk ngayon ng phsyciatric evaluation at on going na po ngayon ang evaluation ko sa PGH. Ngauon lang po ako ako naflakas ng loob magsampa ng kaso dahil madalas niya akong takutin na pag kinasuhan ko siya hindi niya susuportahan ang baby ko. Naifile na din po ang kaso niyang R.A 9262, antayin ko nalang po ang subpoena. Ilang araw o linggo po ba bago dumating ang subpoena? Kailangan ko na din po bang kumuha ng attorhey ngayon? O saka na, pagdating ng subpoena? Gumawa din po kami ng kasunduan sa barangay nila na pag do siya nagbigay sa pagbubuntis ko at inulit niyang saktan ako, itutuloy ko po talagang kasuham siya. Lahat po ng nakasaad sa kasunduan niya sa brangay di niya ginawa. Salamat po sa sasagot..

stevmart wrote:May warrant of arrest na daw po sya sa kasong ra 9262 at isa sa mga pinadalhan ng kanyang abogado ang bureau of immigration. Ibig po ba bang sabihin ay nasa watchlist na sya o di kaya may hdo? Maraming salamat po.

Possible kung nang-issues ng HDO and korte. Mas-makakabuti para sa kanya na kumuha ng abogado para mas mapag-aralan ang case nya.

camevnglsta wrote:Magandang gabi po. Ako po si cam, 20yrs old. Pregnant po ako, 3mos. Nabuntis po ako ng kaibigan ko na may girlfriend. Sinasaktan niya po ako PHYSICALLY and VERBALLY po. Di na po niya alo tinutulungan sa pagbubuntis ko. Huling kita po namin, sinaktan niya ako at pinahiya sa daan. Nagpakuha po ako ng medical noon at kinabukasan dinala ko sa police station, womens desk. Pinapakuha po ako ng womens desk ngayon ng phsyciatric evaluation at on going na po ngayon ang evaluation ko sa PGH. Ngauon lang po ako ako naflakas ng loob magsampa ng kaso dahil madalas niya akong takutin na pag kinasuhan ko siya hindi niya susuportahan ang baby ko. Naifile na din po ang kaso niyang R.A 9262, antayin ko nalang po ang subpoena. Ilang araw o linggo po ba bago dumating ang subpoena? Kailangan ko na din po bang kumuha ng attorhey ngayon? O saka na, pagdating ng subpoena? Gumawa din po kami ng kasunduan sa barangay nila na pag do siya nagbigay sa pagbubuntis ko at inulit niyang saktan ako, itutuloy ko po talagang kasuham siya. Lahat po ng nakasaad sa kasunduan niya sa brangay di niya ginawa. Salamat po sa sasagot..

IMO, you should forget about the Barangay agreement, patatagalin lang nyan ang case. Get a lawyer and just proceed with the case.

Need ko na po ba ngayon ng attorney? O kailangan ko pang antayin ang subpoena? Saka ilang linggo po ba yung subpoena? Sa womens desk po ng police station namin, ako nag file ng RA 9262. Pero wala po silang sinabi kung ilang araw o linggo bago dadating ang subpoena.