Including VAWC as Grounds for Annulment

A research proposal by:

Jean Paar
Steffi Ramos
Micel Velandres
Althea Violeta
Nadia Zuniga

Legal Research & Writing

1-D

Abstract

Violence, in general, has become so rampant that it has spread throughout the different
sectors of our society. Among those who are affected are our women and children which
eventually led to the enactment of Republic Act 9262, also known as, the Anti-Violence against
Women and Children Act (VAWC) of 2004.

According to the 2013 National Demographic and Health Survey, one-fourth of married
women continue to experience emotional, physical, or sexual violence from their husbands,
while eight percent of women experienced domestic violence within the first two years of
marriage. Furthermore, the same survey stated that two out of three married women experience
abuse from their alcoholic husbands.

With this dire statistics in mind, it appears that the intention of our legislature to ensure
the protection of our women and children during the creation of VAWC law, though noble,
appears insufficient as some of the provisions of this law are used as grounds for legal
separation pursuant to Article 55, paragraph 1 of the Family Code.

In hopes of reversing such underlying injustice without resorting to drastic measures that
raise both religious and political questions as to result to divorce, it would be more pragmatic if
such deplorable crimes as those encompassed in the VAWC were to be included as a grounds
for annulment — thereby allowing the injured party the relief of being able to sever legal ties
with her perpetrator permanently.
References

● Republic Act No. 9262 also known as Anti-Violence against Women and Children Act
(VAWC) of 2004
● Violence against Women and Children - Philippine Statistics. Retrieved from
nap.psa.gov.ph/stats/vawc.asp
● Philippines. (1957). Civil code of the Philippines: Republic act no. 386. Manila: Bureau
of Printing