Short answer. If the place where the abuse happened has no Regional Trial Court designated as a Family Court, the VAWC case is filed in the Regional Trial Court where the crime, or any of its elements, was committed — and where more than one place qualifies, the choice belongs to the complainant.

What the law says

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.

RA 9262, Section 7 — Venue And Jurisdiction. Read the full provision →

The default forum is the Family Court

Section 7 of RA 9262 first assigns VAWC cases to a special forum: 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. Family Courts are ordinary Regional Trial Courts that have been specifically designated to hear family and child matters. When one exists in the place where the offense was committed, that is where the case belongs — exclusively, meaning no other trial court may take it in its place.

What happens when no Family Court exists there

Not every city or province has a designated Family Court. The law anticipates this gap: in the absence of such a court in the place where the offense was committed, the case is filed in the Regional Trial Court where the crime, or any of its elements, was committed. So jurisdiction never fails for lack of a Family Court — an ordinary RTC steps in. This matters because VAWC offences, especially psychological violence, can unfold across several places, and the law lets any location where an element occurred serve as a proper venue.

The complainant chooses among proper venues

When the abuse or one of its elements touched more than one place, RA 9262 hands the choice to you: the case may be filed where the crime or any of its elements was committed at the option of the compliant. This is deliberately protective. A woman who suffered economic or psychological abuse in one city but fled to a relative in another is not forced back to the scene; she may often anchor venue where an element was felt. The option belongs to the offended party, not the accused, and is meant to make filing easier and safer.

What this rule does and does not settle

This provision fixes where a VAWC case is heard; it does not lower what you must prove or change the elements of the offence. Choosing the right court from the start avoids a dismissal or transfer for improper venue, which only delays protection. It also does not decide whether a particular act qualifies as an element committed in a given place — that can be contested. Because getting venue and the supporting narrative right early can prevent costly setbacks, it is worth mapping out with counsel where each element occurred before you file.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.