Domestic Violence: Economic Abuse (part 1)
Economic abuse as a form of domestic violence was an alien concept in the Philippines until Republic Act No. 9262 was passed and took effect on March 27, 2004. Republic act No. 9262 is otherwise known as the Anti-Violence Against Women and Their Children Act of 2004. Recently, after three years, women have gone to court to seek relief through protection orders due to economic abuse which includes deprivation of financial support, insuffience financial support, deprivation of use or enjoyment of conjugal or community property or assets.
Among the cases of economic abuse which were brought to the courts are: 1) a woman architect was thrown out of the conjugal home by her husband, who alleged that she had a lover. The husband filed a case for adultery, which was dismissed by the prosecutor and did not reach the court. The woman filed a petition for protection order, to order te husband to desist from depriving her of her right to live in the conjugal home, 2) a woman, a nurse who is working abroad, was locked out of the conjugal home in Manila by her husband who alleged that she committed infidelity. She was isolated from her three daughters. She filed for a protection order with a prayer for custory; 3) a woman (law graduate), is deprived of financial support by her husband who has control of the conjugal assets and business.
So far, i only know of one case challenging the law’s constitutionality, and that is in Jesus Garcia vs. Hon. Ray Alan Drilon, Rosalie Garcia et al. Judge Drilon is the judge of the Family Court in Bacolod City, Philippines, who issued a Temporary Protection Order (TPO) against Jesus Garcia. He filed aPetiiton for Injucation and Prohibition against Judge Drilon in the Court of Appeals, alleging that RA 9262 is unconsitutional because it deprived him of due process and equal protection of the law. The Court of Appeals dismissed his petiton. He also filed a Petition for Certiorari in the Supreme Court after he filed a petition in the Court of Appeals, which was dismissed.
(next post: Decision of the Madras High Court in India, on the right of the woman to her family home or household)
