One of the many reasons why Overseas Filipino Workers choose to work in other countries is to provide greener pasture for their families in the Philippines. However, there are some OFWs, especially husbands, who neglect their financial responsibilities to their family in the Philippines after stepping foot to a foreign land. Can you sue your husband for not sending financial support for the family? Here is what the Republic Act 9262 say regarding that matter.
Under the Republic Act 9262, also known as “Anti-Violence Against Women and Their Children Act of 2004”, if the husband fails to provide support for his family, the wife can definitely file a case against him.
To be able to file a case, the wife needs to provide a documentary evidence stating that the husband stopped providing support for their family.
Here are the things to do:
- The wife should file a “Petition for Protection Orders” at the municipal trial court, regional trial court, municipal circuit trial court and metropolitan trial court that has a territorial jurisdiction on the petitioner/wife’s place of residence. The protection order covers these sort of aspect;
- Harassment
- Abuse
- Provision of support according to Section 8
- The application for the protection order should be hand written, signed and confirmed under oath by the complainant. These following information should be written;
- Names and place of residence of both petitioner and respondent
- Relationship of the petitioner and respondent
- State the form of abuse received
- Description of relief as per the request of the petitioner. As per section 8, the husband should provide support to his wife and kids.
- Request for counsel and accompanying reasons
- Waiver of application fees
- Attestation stating that there is no pending protection order in any other court
Petitioners can seek the help of barangay officials or court personnel when preparing for the application. Law enforcers can also assist during the application especially for protection order purposes.
