Dear Atty. Nico,
I would like to file a criminal case of Violence Against Women and Children (VAWC) against my ex-boyfriend. He would not give financial support to our son since he got me pregnant because according to him, he is not the father. He did not even sign the child’s birth certificate.
Thus, it caused me great distress and emotional suffering. May I press charges against him for economic abuse under RA 9262?
Thank you for your time.
Maria
Dear Maria,
Unfortunately, the recent jurisprudence of the Supreme Court would answer your query in the negative. In the case of XXX vs People of the Philippines (G.R. No. 262419, 3 November 2025, the Court reiterated the case of Acharon vs People where it enumerated the elements in successfully prosecuting a case for violation of Section 5(i) of RA 9262:1)
The offended party is a woman and/or her child or children;
2) The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman’s child or children, they may be legitimate or illegitimate, or living within or without the family abode;
3) The offender willfully refuses to give or consciously denies the woman and/or her child or children financial support that is legally due her and/or her child or children; and
4) The offender denied the woman and/or her child or children the financial support for the purpose of causing the woman and/or her child or children mental or emotional anguish. In the same case, the Court found that the prosecution failed to establish the second and fourth elements of the crime as it was readily apparent in the certificate of live birth of the child therein that the space for the father’s information was left unsigned. Hence, the certificate could not be given weight as proof of paternity.
With this circumstance, there was serious doubt on whether financial support is legally due.
Applying the jurisprudence stated above to your predicament, there could be no case of VAWC filed against your former boyfriend. He did not affirm his signature into the certificate of live birth of the child; thus, the paternal filiation was not established.
Atty. Nico Antonio