Dear PAO,

I have been married to my spouse for four years. During the first year of living together, our relationship was good. But in the following years, we frequently argued because of jealousy, which eventually escalated into physical violence. Whenever my spouse gets angry, she often throws things at me, scratches my face, or even physically assaults me.

One night, simply because I came home late from work, she hit my arm with a kettle, which caused a large bruise and a wound. I did not fight back out of fear that the situation might worsen, and because of our culture, that a man should practice self-restraint. In addition, I am also ashamed to report this to the police because I might be laughed at and labeled as “under de saya” (henpecked) or “takusa” (afraid of one’s wife). Given that Republic Act 9262, or the “Anti-Violence Against Women and Their Children Act of 2004,” does not apply to my situation, I would like to know the remedies available to me and the procedure for filing a case against my wife?

Lorenxie

Dear Lorenxie,

We are sorry to hear about what you experienced with your spouse. Regarding your question, while Republic Act (RA) 9262 or the “Anti-Violence Against Women and Their Children Act” does not cover abuse cases against men as it directly protects only women and their children, there are alternative charges and mechanisms that can be filed against your abusive spouse in accordance with other existing laws.

In your situation, since you suffered physical abuse that resulted in bruises and wounds, you can file a case of physical injuries against your spouse.

Our Revised Penal Code (RPC) includes different types or degrees of Physical Injuries:

1. Article 263 of the RPC on Serious Physical Injuries. This refers to injuries that cause severe, life-altering damage resulting from insanity, imbecility, blindness, loss of a principal body part, or permanent incapacity to work;

2. Article 265 of the same Code on Less Serious Physical Injuries. These are injuries that require medical attendance or cause the victim’s incapacity to work for a period of 10 to 30 days;

3. Article 266 of the RPC on Slight Physical Injuries or Maltreatment. These are injuries that cause the victim’s incapacity to work for a period of one to nine days, or require medical attendance for the same period mentioned, or injuries sustained that do not cause any incapacity to work or require medical attendance.

To file a case, you can go to the nearest police station and ask for assistance in preparing your affidavit and those of your witnesses. In addition to this, it is best to prepare the evidence you will use, such as the medical report, psychological report, photos of the crime scene inside your house if available, and other pertinent documents.

You may also seek legal assistance from the Public Attorney’s Office or a private lawyer, so you can be guided in drafting your affidavit and preparing the evidence to be presented.

While VAWC does not cover men, especially in instances where the husband becomes the victim of any form of abuse, our law still provides alternative mechanisms and remedies so that justice may be served in the preservation of anyone’s rights.

We hope that we were able to answer your query. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your unwavering trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]