Justice Survives: How VAWC Cases Can Proceed Even After the Victim’s Death
May a criminal trial for VAWC continue even after the complainant dies and could thus no longer testify on the mental and emotional anguish she suffered?
In XXX268392 v. People of the Philippines (G.R. No. 268392, 19 May 2025), the Supreme Court ruled that it may continue despite the death of the complainant when other witnesses and evidence can establish the abuse and the mental or emotional suffering she experienced. Read the Supreme Court decision here.
The ruling reiterates the view that violence against women and children is not merely a private matter between partners. Under Section 25 of Republic Act No. 9262, or the Anti-Violence Against Women and their Children Act, it is a public offense that concerns society and may be prosecuted by the State.
What happened in this case?
The case involved a wife who filed a criminal complaint against her husband for psychological and emotional abuse under Section 5(i) of RA 9262. She alleged that her husband left her and their children, began a relationship with another woman, had a child with her, and publicly displayed this relationship through online photographs and statements at their children’s school. She said that these actions caused her severe mental and emotional anguish and led to their children experiencing bullying at school.
The wife filed charges under RA 9262, but before she could testify in court, she died in a shooting incident. The prosecution continued, resulting in the husband’s conviction by the trial court, which the Court of Appeals later upheld. The husband then brought the case to the Supreme Court.
Can mental and emotional anguish be proven without the victim’s testimony?
The husband argued that the case should not have resulted in a conviction because his wife could no longer personally testify about the mental and emotional anguish she suffered. His argument relied on a previous Supreme Court decision that required the victim’s testimony to establish this element of the offense, as such experiences are personal.
Victims of psychological and emotional abuse may experience humiliation, fear, isolation, anxiety, or distress, and in most cases, the victim’s testimony is key evidence of that suffering. The Court clarified in this case that it is not the only possible evidence.
What evidence did the Court consider?
The Court found that the wife’s mental and emotional anguish was sufficiently established even without her oral testimony at trial. Evidence included the complaint-affidavit she had filed before her death, police blotter reports, and testimonies from her friend, her sister-in-law, and her son.
The witnesses described not only the acts committed by the accused but also the effects of those acts on the wife and her children. The Court recognized that witnesses’ observations and impressions of a victim’s emotions, behavior, and condition may help establish the harm she suffered.
Why could the case continue?
The Court explained that a violation of RA 9262 is a public offense. While some legal actions are treated mainly as private matters, where the person harmed must take the lead in initiating or continuing the case, RA 9262 takes a different approach. Section 25 of the law provides that violence against women and children may be prosecuted upon the filing of a complaint by a citizen who has personal knowledge of the circumstances of the crime.
Once a criminal case has been filed in court, it is prosecuted under the direction and control of the public prosecutor. The case is not merely a dispute between the woman and her abuser; it becomes a criminal case brought by the State because the law recognizes violence against women and children as a harm that society has an interest in preventing and penalizing.
The Court also noted that the death of a private complainant does not automatically end criminal liability for a public crime. The accused remains responsible even if the complainant has died.
Why does this ruling matter?
Domestic and intimate-partner violence is often treated as a matter that only the people in the relationship should resolve. This belief can make survivors feel isolated and can discourage family members, neighbors, friends, teachers, barangay officials, and other community members from coming forward. The ruling is significant because it rejects the view that abuse within a marriage, relationship, or family should remain behind closed doors.
The case also raises the importance of documentation and community support. Police reports, messages, affidavits, medical or counseling records where applicable, and testimony from people who have personally witnessed abuse or its effects may all matter in seeking justice. The ruling also highlights how crucial the knowledge and willingness to testify of family and community members may be in prosecuting these cases.
By ruling that VAWC cases may proceed based on other forms of evidence than the testimony of the victim in court, the Supreme Court affirmed that abuse under RA 9262 is a matter of public concern and not just a private affair.