LEGAL MEMORANDUM

27 February 2024

FACTUAL ANTECEDENTS

The case involves a victim-survivor, who, at the age of

eighteen, entered into a void marriage with Juan De Lokoruz
and subsequently gave birth to their child. Over the course of
their marriage, the victim endured consistent verbal abuse
and emotional torment from Juan, which escalated to
physical violence, resulting in injuries that necessitated
medical attention. Worse, upon discovering their marriage
being void ab initio, Juan ceased financial support for their
child and diverted funds to personal indulgences. Faced with
relentless abuse and financial deprivation, the victim sought
the legal opinion of this firm.

The following facts are presented based on the message sent

through our official social media account seeking legal advice
relative to her situation:

1. The client is presently twenty-three (23) years old. She

was married to Juan De lokoruz at the age of eighteen
(18), and soon after, conceived and gave birth to a child.

2. In the last five years, whenever her husband returns from

work, he has been consistently cursing her due to
dissatisfaction with her cooking skills. He even calls her a
useless wife and a slut because she got pregnant early
with him.

3. She has been crying every day and slowly losing her self-
confidence. The sound of the doorbell sends shivers
down her spine whenever she anticipates her husband's
return. There were moments when she struggled to

Page 1 of 18
 catch her breath, overcame by fear, and trembled
uncontrollably in his presence.

4. The neighbors were gossiping about them because they

always hear her husband screaming in their house.
Barangay personnel came several times but she always
covered him up because she was still hoping that he
would change. She endured all that because she doesn’t
want her son to grow up without a father.

5. Even worse, every weekend her husband would drink

with his friends and returns home drunk, and would
subject her to physical abuse. She has been sent to the
clinic several times because of cuts and bruises on her
body.

6. Now, her son is five (5) years old, and her husband has
discovered that their marriage was void ab initio for
some reason that haven’t been disclosed. Consequently,
Juan's behavior worsened, and he ceased to support the
child. He no longer provides money for his son's needs,
spending it instead on cockfighting, and refers to it as his
"real son." The child sometimes cries from hunger and
frequently falls ill due to nutritional deficiencies.

7. Accordingly, the client heard on the radio that Juan

should still be responsible for his child because even
though their marriage is void, he acknowledged that the
child was his on the child’s birth certificate.

ISSUES

Given the foregoing circumstances, the following issues are

presented for discussion:

1. Whether or not Juan De lokoruz is liable for violation of

the provisions under Republic Act No. 9262, specifically
the following:

a. Section 5(a);

b. Section 5(e); and

c. Section 5(i)

Page 2 of 18
 ARGUMENTS

As far as Philippine law is concerned, the case is governed by

Republic Act No. 92621 otherwise known as the "Anti-Violence
Against Women and Their Children Act of 2004," which
defines violence against women and children, to wit:

SECTION 3. Definition of Terms. - As used in this Act,

(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or
economic abuse including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of
liberty. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or

physical harm;

B. "Sexual violence" refers to an act which is sexual in nature,

committed against a woman or her child. It includes, but is
not limited to:

a) rape, sexual harassment, acts of lasciviousness,

treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks,
physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications
and indecent shows or forcing the woman or her child
to do indecent acts and/or make films thereof, forcing
the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the
abuser;

b) acts causing or attempting to cause the victim to

engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion;

c) Prostituting the woman or child.

1
Rep. Act No. 9262 (2004), available at https://lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
(last visited February 19, 2004

Page 3 of 18
 C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering of
the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse and mental infidelity. It
includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the
family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets
or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to

make a woman financially dependent which includes, but
is not limited to the following:

1. withdrawal of financial support or preventing the

victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of
the Family Code;

2. deprivation or threat of deprivation of financial

resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;

3. destroying household property;

4. controlling the victims' own money or properties or

solely controlling the conjugal money or properties.

Based on the facts provided by the client, Juan De Lokoruz's

actions constitute violations of Sections 5(a), 5(e), and 5(i) of RA
9262, which will be discussed individually.

1. First, Juan's actions of subjecting her to physical abuse,

resulting in multiple visits to the clinic due to cuts and
bruises on her body, unquestionably constitute physical
violence. Physical violence, as defined in RA 9262,
encompasses any act that causes bodily harm or physical
injury.

A plain reading of Section 5 reveals that it meant to

specify the punishable acts based upon the
classifications of violence against women already

Page 4 of 18
 identified and defined under Section 3(a). 2 Hence, these
acts not only cause immediate physical harm but also
have long-lasting implications for your health and well-
being, both physically and emotionally, and is an
apparent violation of Section 5(a) of Republic Act No.
9262:

“xxxx.

SECTION 5. Acts of Violence Against Women and

Their Children. - The crime of violence against women
and their children is committed through any of the
following acts:

(a) Causing physical harm to the woman or her child;

xxxx.

(e) Attempting to compel or compelling the woman

or her child to engage in conduct

Prior to the discovery of the marriage being void, the

husband was bound by obligations as the head of the
family, as outlined in Title III of the Family Code3 of the
Philippines. Article 68 of said code explicitly outlines the
responsibilities and duties between spouses. It mandates
that both husband and wife must cohabit, exhibit
mutual love, respect, and fidelity, and provide each other
with assistance and support. Therefore, Juan, upon
entering into marriage with her wife, was obligated to
uphold these principles of mutual respect, love, and
support.

However, the recent discovery of the marriage being void

ab initio does not absolve Juan of accountability for his
actions under the law. The definition of violence against
women and their children (VAWC) encompasses a broad
spectrum of abusive behaviors, including physical,
sexual, psychological, and economic abuse. Importantly,
this definition extends to women in various relational
contexts, including current or former spouses,
individuals with whom there is or was a sexual or dating
relationship, or those with whom there is a common
child.

2
G.R. No. 224946. November 09, 2021
3
Family Code (1987), Title III

Page 5 of 18
 Republic Act No. 9262 is a landmark legislation that
delineates and penalizes acts of violence against women
and their children committed by intimate partners
which includes a "husband, former husband, or any
person who has or had a sexual or dating relationship,
or with whom the woman has a common child, or
against, her child whether [marital] or [nonmarital],
within or without the family abode [.]"4 It defines "dating
relationship" and "sexual relations" as:

(e) "Dating relationship" refers to a situation wherein

the parties live as husband and wife without the
benefit of marriage or are romantically involved over
time and on a continuing basis during the course of
the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or
social context is not a dating relationship.

In G.R. No. 1871755 dated July 06, 2022, the Supreme Court
Second Division ruled against the argument of the
Petitioner that although Republic Act No. 9262 applies to
a woman whom one has or had a sexual or dating
relationship, this should be interpreted to mean a
relationship "without any legal impediment to marry
each other" which, therefore, excludes the respondent
whom he alluded to as his "mistress or paramour."
Allegedly, the respondent cannot take protection from a
law that is intended to safeguard the legitimate family.
The court insisted that unmistakably, as petitioner's live-
in partner to whom petitioner has children, the
respondent falls under the coverage of Republic Act No.
9262. The law protects women and their children from
various forms of violence and abuse committed within a
setting of an intimate relationship.

This recognition is crucial as it acknowledges that

abusive behavior is unacceptable regardless of the
specific dynamics of the relationship. No individual
should ever be subjected to violence or abuse, and the
law provides essential protections and remedies to
ensure the safety and well-being of survivors.

4
G.R. No. 223477, February 14, 2018
5
G.R. No. 187175, July 06, 2022

Page 6 of 18
2. Another act of violence against women and their
children (VAWC) as defined in RA 9262 is economic
abuse, which encompasses acts that aim to make a
woman financially dependent, including withdrawing
financial support or threatening to do so. Such actions
are punishable under Section 5(e) of the same law, which
addresses crimes of violence against women and their
children, as follows:

xxxx

(e) Attempting to compel or compelling the woman

or her child to engage in conduct which the woman
or her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child.
This shall include, but not limited to, the following acts
committed with the purpose or effect of controlling or
restricting the woman's or her child's movement or
conduct:

xxxx

(2) Depriving or threatening to deprive the

woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial support;

xxxx

Under the abovementioned provision, the deprivation or

denial of financial support to the child is considered an
act of violence against women and children.

Juan's actions of ceasing to support his son and diverting

the money to other purposes, such as cockfighting,
constitute an obvious violation of the law. By failing to
provide adequate financial support for his son, Juan is
not only neglecting his legal and moral obligations as a
parent but also actively depriving the child of the support
and resources necessary for his well-being and
development. This behavior not only undermines the
child's rights but also perpetuates harm and injustice.

Page 7 of 18
 The child's age is a critical factor in understanding the
severity of the situation. At 5 years old, the child is highly
vulnerable and dependent on caregivers for basic needs
such as food, shelter, and healthcare. However, Juan's
behavior exacerbated the already precarious situation.
By withholding financial support and instead
squandering money on cockfighting, Juan did not only
neglect his paternal responsibilities but also endangered
the child's well-being. The child's cries from hunger and
frequent illnesses due to nutritional deficiencies
underscore the immediate and detrimental effects of
Juan's actions.

The testimony indicates that the client had a romantic

relationship with Juan, which led to the birth of the child,
who will be considered illegitimate assuming that the
marriage is truly void ab initio. Juan ceased financial
support to the child despite his acknowledgment of
paternity as evidenced by the latter’s Certificate of Live
Birth.

In a similar but distinct case of Melgar v. the People6, the

Supreme Court affirmed the ruling of the Court of
Appeals, which upheld the Judgment dated September
10, 2012, issued by the Regional Trial Court of Cebu City,
Branch 6 (RTC). The RTC found the accused guilty
beyond reasonable doubt of violating Section 5(e) of RA
9262. The Supreme Court's decision includes, among
other points, the following:

In this case, the courts a quo correctly found that all

the elements of violation of Section 5 (e) of RA 9262 are
present, as it was established that: (a) Melgar and
AAA had a romantic relationship, resulting in BBB's
birth; (b) Melgar freely acknowledged his paternity
over BBB; (c) Melgar had failed to provide BBB
support ever since the latter was just a year old; and
(d) his intent of not supporting BBB was made more
apparent when he sold to a third party his property
which was supposed to answer for, among others, his
support-in-arrears to BBB. Thus, the Court finds no
reason to deviate from the factual findings of the trial
court, as affirmed by the CA, as there is no indication
that it overlooked, misunderstood or misapplied the
surrounding facts and circumstances of the case. In
fact, the trial court was in the best position to assess

6
G.R. No. 223477. February 14, 2018

Page 8 of 18
 and determine the credibility of the witnesses
presented by both parties and, hence, due deference
should be accorded to the same.

The issue is further supplemented by the provisions of

the Family Code7. Article 194, paragraph 1, of the code
defines support as:

Art. 194. Support comprises everything indispensable

for sustenance, dwelling, clothing, medical
attendance, education and transportation, in
keeping with the financial capacity of the family.

In the event that the marriage is deemed void ab initio,

it's essential to note that the child remains entitled to
support as an illegitimate child, in accordance with
Section 176 and 195 (4) of the Family Code. This provision
explicitly states:

Art. 176. Illegitimate children shall use the surname

and shall be under the parental authority of their
mother, and shall be entitled to support in conformity
with this Code. The legitime of each illegitimate child
shall consist of one-half of the legitime of a legitimate
child. Except for this modification, all other provisions
in the Civil Code governing successional rights shall
remain in force. (287a) xxxx.

Art. 195. Subject to the provisions of the succeeding

articles, the following are obliged to support each
other to the whole extent set forth in the preceding
article: xxxx

(4) Parents and their illegitimate children and

the legitimate and illegitimate children of the
latter; and

xxxx

Expanding on the point, Article 203 of the Family Code

further states that:

Art. 203. The obligation to give support shall be

demandable from the time the person who has a
right to receive the same needs it for maintenance,

7
Family Code (1987)

Page 9 of 18
 but it shall not be paid except from the date of judicial
or extra-judicial demand.

The court in the aforesaid case of Melgar v. the People

interpreted Article 203 of the Family Code, to wit:

“This obligation to give support is demandable from

the time the person who is entitled thereto needs it,
and such obligation may be enforced through a civil
action for this purpose.”

Therefore, it is imperative to recognize that the child is

still entitled to financial and parental support from his
biological father. Juan is obliged to fulfill his duty to
provide financial and parental support to the child,
irrespective of the absence of a legal marriage contract.

3. On the psychological spectrum, the persistent use of

derogatory language by the Juan towards the client
constitutes psychological violence, a form of abuse
recognized under the aforementioned law. It's crucial to
understand that dissatisfaction with cooking skills or any
other issue does not justify such verbal mistreatment.
The pejorative language and insults hurled at the client
by her partner, such as calling her a “walang kwentang
asawa at pokpok” due to her early pregnancy, are not
only deeply hurtful but also entirely unacceptable. Such
language is not only emotionally abusive but also
indicative of a profound lack of respect and is
tantamount to violation of Section 5(i) of Republic Act No.
9262:

(i) Causing mental or emotional anguish, public

ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children of access to the woman's
child/children.

In Dinamling v. People8 the Court laid down the

elements to prove a violation of Section 5(i):

8
G.R. No. 199522, June 22, 2015

Page 10 of 18
 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 causes on the woman and/or child

mental or emotional anguish; and

4. The anguish is caused through acts of public ridicule

or humiliation, repeated verbal and emotional abuse,
denial of financial support or custody of minor
children or access to the children or similar such acts
or omissions.

A review of the instant case would show that the client

has substantially satisfied all the preceding elements to
warrant the further discussion for mental or emotional
anguish. The established facts of the case identify the
client to be a woman with whom the offender has or had
a sexual or dating relationship and whom he has a
common child. Maria experiences significant mental and
emotional anguish due to the respondent's consistent
verbal abuse. She cried every day, lost self-confidence,
and experienced fear and trembling in the respondent's
presence. This emotional distress extends to the child, as
the client endures the abuse in hopes of maintaining a
family unit for their sake. Juan’s malevolent actions may
occur within the confines of the household but are
known to neighbors, as evidenced by their gossiping and
the involvement of barangay personnel which qualifies
as an act of public ridicule.

RECOMMENDATIONS

Taking into account the aforementioned premises, we

strongly recommend the client to consider the following
recommendations:

Page 11 of 18
 1. Preliminaries

Our firm prioritizes equitable treatment for all clients and

acknowledges the importance of addressing the
financial challenges that may arise in legal matters.
Foremost, we encourage the client to obtain a Certificate
of Indigency9 from the Barangay Hall where she resides
to demonstrate her eligibility for assistance and ensure
that her rights and interests are protected throughout
the legal process. It's a proactive step towards
overcoming financial barriers and accessing the legal
resources and representation necessary to address her
situation effectively.

Moreover, it is deemed proper to gather any relevant

documentation related to case, such as records of past
financial support from Juan, medical records of any
instances of physical abuse, and evidence of Juan's
acknowledgment of paternity. These documents can
serve as valuable evidence to support their claims.

2. Protection Orders

The initial recourse available to the client is to seek a

Protection Order, designed to alleviate or mitigate any
immediate danger that may worsen her already perilous
situation. The concept of a Protection Order is explained
in Section 8 of RA 9262, stating:

SECTION 8. Protection Orders. - A protection order is an

order issued under this act for the purpose of preventing
further acts of violence against a woman or her child
specified in Section 5 of this Act and granting other
necessary relief. The relief granted under a protection order
serve the purpose of safeguarding the victim from further
harm, minimizing any disruption in the victim's daily life,
and facilitating the opportunity and ability of the victim to
independently regain control over her life.

9
How to get a barangay certificate of indigency or low Income in the Philippines. (n.d.).
https://www.archipelagofiles.com/2017/03/how-to-get-barangay-certificate-of.html (last visited February
19, 2004)

Page 12 of 18
a. Application for Barangay Protection Order

The client shall, for immediate relief, apply for an Ex

Parte Barangay Protection Order (BPO) in the
barangay where she currently resides. BPOs refer to
the protection order issued by the barangay
ordering the perpetrator/respondent to desist from
committing acts under Section 7 (a) and (b) of these
RA 9262’s IRR. These are causing:

(a) physical harm to the woman or her child; and

(b) threatening to cause the woman or her child

physical harm.

The reliefs that may be granted under the BPO are

the following:

a) Prohibition of the respondent from threatening to

commit or committing, personally or through
another, any of the following acts mentioned in
Section 7 (a) and (b) of these Rules; and

b) Prohibition of the respondent from harassing,

annoying, telephoning, contacting or otherwise
communicating with the victim-survivor, directly or
indirectly.

In the instance that the offended party is unable or

unavailable, her parents or guardians, ascendants,
descendants or collateral relatives within 4th civil
degree of consanguinity or affinity, social workers of
DSWD or social workers of local government units;
police officers, Punong Barangay or Kagawad (for
Temporary Protection Order in court), lawyer,
counselor, therapist; healthcare provider of victim,
or at least 2 citizens of the city who have personal
knowledge of the commission of the crime may
apply for BPO in her behalf.

Page 13 of 18
b. Petition for Ex Parte Temporary Protection Order
and Permanent Protection Order with Prayer for
Child Support

The client, without prejudice to the absence or

existence of a Barangay Protection Order (BPO),
can promptly initiate a petition for the issuance of a
Temporary Protection Order (TPO) and Permanent
Protection Order (PPO) with a prayer for child
support and damages pursuant to Republic Act
9262 (RA 9262) from the appropriate court. This can
be done in the Family Court in her place of
residence. However, if there is no Family Court
available, the petition can be filed in the Regional
Trial Court (RTC), the Municipal Trial Court (MTC),
Municipal Circuit Trial Court (MCTC), or
Metropolitan Trial Court (MeTC), depending on the
jurisdiction and availability of courts in the area.

We further advise the client to seek the following

reliefs from the court under the TPO and PPO:

a) PROHIBITING Juan De lokoruz from

threatening to commit or committing,
personally or through another, any of the acts
mentioned in Section 7 of these RA 9262’s IRR;

b) RESTRAINING Juan De lokoruz from

harassing, annoying, telephoning, contacting
or otherwise communicating with the client,
directly or indirectly;

d) DIRECTING Juan De lokoruz to stay away

from the petitioner and any designated family
or household member at a distance specified by
the court, and to stay away from the residence,
school, place of employment, or any specified
place frequented by the petitioner and any
designated family or household member;

g) DIRECTING Juan De lokoruz to provide

support to the woman and/or her child if
entitled to legal support. Notwithstanding other
laws to the contrary, the court shall order an
appropriate percentage of the income or salary
of the respondent to be withheld regularly by
the respondent’s employer and for the same to

Page 14 of 18
 be automatically remitted directly to the
petitioner

i) COMPELLING Juan De lokoruz to restitute

actual damages caused by the violence
inflicted, including, but not limited to, property
damage, medical expenses, childcare expenses
and loss of income. Moral, exemplary and
nominal damages shall also be indemnified;

k) PROVISION of such other forms of relief as the

court deems necessary to protect and provide
for the safety of the petitioner and any
designated family or household member,
provided the petitioner and any such
designated family or household member
consents to such relief.

3. To File a Complaint against Juan De lokoruz for

violation of Sections 5(a), 5(e) & 5(i) of Republic Act No.
9262 otherwise known as the Anti-Violence Against
Women and their Children Act of 2004.

The client may also file a criminal complaint against Juan

De Lokoruz for the violation of Sections 5(a), (e), and (i) of
Republic Act No. 9262, also known as the Anti-Violence
Against Women and their Children Act of 2004. These
sections pertain to acts of physical violence, economic
abuse, and psychological abuse against women and
their children.

Section 7 of RA 9262 states, in toto, that “the Regional

Trial Court designated as a Family Court shall have
original and exclusive jurisdiction over cases of violence
against women and their children under this law. In the
absence of such court in the place where the offense
was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was
committed at the option of the compliant”.

The complaint can be filed at the Prosecutor's Office with

jurisdiction over their place of residence, where the
alleged criminal conducts occurred. the complaint
against Juan should contain, among other details, the
actual antecedents of the violence perpetrated against
the victim and her child, as well as the prayer for relief
being sought.

Page 15 of 18
4. Other reliefs

a. Mandatory Services and Entitlements

Section 35(c) of RA 9262 stipulates that victims of

violence against women and their children, in
addition to their rights under existing laws, shall be
entitled to support services from the Department of
Social Welfare and Development (DSWD) and Local
Government Units (LGUs).

Under Section 39 of Republic Act No. 9262’s IRR, the

Department of Social Welfare and Development
(DSWD) and the Local Government Units (LGUs) are
mandated to provide various programs, benefits,
and services to victim-survivors of violence against
women and their children (VAWC) to facilitate their
healing, recovery, and social reintegration.

The DSWD and the LGUs shall:

a) Provide emergency shelter, psycho-social

counseling and other rehabilitation services to
victim-survivors of VAWC;

b) Ensure that service providers in

institutions/centers for women and children are
gender sensitive and uphold the rights of
women and children;

c) Make available relevant skills training and

other livelihood development services to victim-
survivors of violence against women;

d) Ensure the successful social reintegration

and after-care of victim-survivors and their
children; and

e) Continue to develop relevant programs and

strategies to ensure protection, healing,
recovery and social reintegration and address
emerging needs and concerns of victim-
survivors of violence.

Page 16 of 18
b. Medical Assistance

Section 40, paragraph 2, of RA 9262 mandates the

Department of Health (DOH) to provide medical
assistance to victims of violence against women
and their children.

Under Section 40 of aforesaid IRR, the following

health programs and services shall be provided
immediately through a socialized scheme by the
Women and Children Protection Unit (WCPU) in
Department of Health (DOH)-retained hospitals or
in coordination with Local Government Units (LGUs)
or other government health facilities:

a) Complete physical and mental

examinations;

b) Medical/Surgical treatment;

c) Psychological and psychiatric evaluation and

treatment;

d) Hospital confinement when necessary;

e) Referral to specialty hospital and other

concerned agency as needed;

f) Manage the reproductive health concerns of

victim-survivors of VAWC; and

g) If necessary, contact the DSWD or social

worker of the LGU for emergency assistance to
the woman and her child/children, or the police
women and children concerns protection desk
officer.

c. Automatic Custody of the Child

Section 40, paragraph 2 of RA 9262 specifies that

the woman victim of violence shall be entitled to
the custody and support of her child/children.
Children below seven (7) years old or older children
with mental or physical disabilities shall
automatically be given to the mother, with the right
to support, unless the court finds compelling
reasons to order otherwise.

Page 17 of 18
 Section 34 of the said IRR grants automatic custody
of children below seven (7) years old or older
children with mental or physical disabilities to the
mother, with the right to support. This provision
prioritizes the maternal bond and recognizes the
nurturing role of the mother in the upbringing of
young children and those with special needs.

Overall, the opinion of this counsel was based solely on the

facts have been provided and their appreciation of the same.
The opinion may vary when other facts are changed or
elaborated.

Unanimous affirmation:

Mhenard M. Sudara
Managing Partner

Deah Cielo S. Banaag Simon B. Calde, Jr.

Senior Partner Senior Partner

Joven P. Gammong Irene May M. Rabong

Founding Partner Founding Partner

Page 18 of 18