INTER-OFFICE MEMO.pdf

7/30/2019 INTER-OFFICE MEMO.pdf

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INTER-OFFICE MEMORANDUM

TO: Atty. Juan S. dela Cruz, Partner Kappa Rho, Kappa Rho Law Firm

FROM: Atty. Pedro A. Penduco, Junior Associate

Subject: Violation of Republic Act 9262: Anti- Violence against

Women and Their Children Act of 2004

People vs. Wenceslao

Date: June 20, 2011

ISSUE: Whether the behavior of the husband (the “opposing party”)

in causing physical harm, mental or emotional anguish, repeated

verbal and emotional abuse and denial of financial support

constitute a violation of RA No. 9262: Anti-Violence against Women

and Their Children Act of 2004.

Yes, under Section 5 of RA No. 9262, the conduct and

behavior of the opposing party constitute acts of violence against

women and their children. Section 5(a) includes causing physical

harm to the woman or her children and Section 5

(i) includes causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including repeated verbal

and emotional abuse and denial of financial support. In this

situation where violence is inflicted against the woman and her

children, the offender should be held liable for the acts of violence

he inflicted, while the woman and her children should be afforded

with necessary protection and given that reconciliation is

improbable, I recommend the filing of the case.

FACTS:

Shayne and Gerry Wenceslao met sometime in 1989,

became sweethearts and got married on October 12, 1995 at



Quezon City. Out of their union 4 children were born: Don, Dane,

Dei and Dre. The family as well as the parents and siblings of Gerry

(businessman) solely rely on him for their day-to-day living expenses

while Shayne takes care of the children. Shayne wanted to live

separate from Gerry’s family as most of the latter’s time and income

goes to his parents and siblings, which is the usual cause of their

arguments. Shayne’s first experience of domestic violence and

physical abuse happened sometime in 1997 and Gerry threatened

to kill Shayne with a gun, who is then pregnant with their 2nd child,

when the latter confronted him about his extra marital affair with a

certain woman. Gerry started to provide inadequate support for the

family which left Shayne desperate and anxious looking for other

sources of income. Shayne had to continually borrow money from

her relatives and friends just to pay for their monthly bills and

whenever she would ask Gerry for financial support, the latter would

beat her and their children before he would give them allowance.

In 2003, Gerry started living with another woman named Gel Isana,

with whom he had 2 children, Gerry acknowledged the children as

his own and signed the certificates of Live Birth. Shayne and her

children had transferred residence at least 8 times because they

could no longer pay the rent whenever Gerry would not provide

any support for a long period of time. The recent beatings Shayne

took from Gerry happened on April 27, 2011 when Shayne

confronted Gerry and requested that the latter respects her and

the children, Gerry threw a plate hitting Shayne’s lap and causing

injuries. On May 5, 2011, another argument broke out and Gerry

choked Shayne and almost killed the former. The four children were

not spared from the verbal, psychological and physical abuse of

Gerry. The latest beating happened on May 1, 2011 at about 10:30

in the evening when Gerry threw a charger and caused injuries to

his eldest son, Don.

DISCUSSION:



Violence destroys the foundation of a family: relationship.

Article 68 of the Family Code of the Philippines states that the

husband and the wife are obliged to live together, observe mutual

love, respect and fidelity and render mutual help and support. If a

husband is then incapable of providing mutual love, respect and

fidelity and instead inflicts physical, emotional and psychological

abuse to his wife and family, the issue then is more than that of a

legal separation, the husband should also be held liable for the

violence he inflicted.

The State recognizes the need to protect the family and its

members particularly the women and children, from violence and

threats to their personal safety and security, thus Republic Act No.

9262 was enacted. RA No. 9262, defines physical, sexual,

psychological and economic abuse, and enumerates the acts of

violence against women and their children. It also provides for the

corresponding punishments given to the offender as well as the

pertinent protection that will be given to the victims of such

violence and abuses.

In the case of Shayne and her children, it cannot be denied

that her husband, Gerry, physically, emotionally, psychologically

and financially abuses them. Gerry would oftentimes beat or threw

something to Shayne or to their children which results to physical

injuries. Gerry also deprives them of financial support and even

though sometimes he gives them allowance, such is still inadequate

and at the expense of beating them first. But more than the

physical and financial abuses, it is the emotional and psychological

abuses that are more important. It is the emotional anguish and

trauma that the children experience whenever their father would

them and their mother. Furthermore, living with a hostile and violent

environment may affect their personal development. It is not

enough that they are living separate from Gerry because from the

foregoing facts, the latter still go to their house and beats Shayne



and their children. Gerry should be held liable for the violence he

had and still inflicting to his family. Furthermore, Shayne and the

children should be given not only protection but also psychological

treatment or program which is provided for in Republic Act No.

9262. Gerry then committed violation of Section 5(a) and (i) of RA

No. 9262.

Documents

INTER-OFFICE MEMO.pdf