RA 9282 Summary

REPUBLIC ACT 9262: ANTI-VIOLENCE AGAINTS WOMEN & THIER
CHILDER ACT OF 2004 (VAWC)

And The Laws on Violence Against Women in the Philippines
Before 1995:
Gender based violence was not recognized in Philippine laws.
Revised Penal Code covered offenses committed against women, e.g.,

physical injuries, rape, acts of lasciviousness, seduction, parricide,
homicide, murder
Civil Law
Had discriminatory provisions on women, treated as subordinate to

husbands
Could not accept gifts from men other than their husbands without their
consent
Husband had sole administration of the conjugal partnership
1987 CONSTITUTION: State Policies
Sec. 2 adopts the generally accepted principles of international law as

part of the law of the land (CEDAW, CRC, other Conventions)
Full respect for human rights
Sec. 14. fundamental equality before the law of women and men
Sec. 14 The State shall protect working women by providing safe and
healthful working conditions
LAWS ON VAW since 1995
Anti-Sexual Harassment Act of 1995
Anti-Rape Act of 1997
Rape Victims Assistance Act (1998)
An Act penalizing matching of Filipino mail order brides (1998)
Anti-Trafficking in Persons Act of 2003
Anti-Violence Against Women and Their Children Act of 2004
RA 9262: Anti VAWC Act
Effective March 27, 2004
A special law protecting women and their children from all forms of abuse
Criminal statute
Civil action Temporary & Permanent Protection Order
With remedy of Barangay (village) Protection Order
Types of Violence covered

PHYSICAL
Battery (physical injuries)
Frustrated parricide
PSYCHOLOGICAL, EMOTIONAL
Marital Infidelity
Repeated verbal abuse
Public Humiliation
Threatening the woman that she will lose her child
Stalking or following the woman in her work-place, school or any

public or private place without justification
SEXUAL
Causing or attempting to make the woman or her child to perform

sexual acts (that do not constitute rape) by use of force, threats,
intimidation directed against the woman, her child, or her
immediate family
Prostituting the woman or her child
ECONOMIC
Denial of financial support or custody
What is Violence Against Women & their children (VAWC)?
any act or series of acts committed by any PERSON
against a WOMAN who is his wife, former wife, or with whom the person
has or had a sexual or dating relationships, or
with whom he has a common child, or
against her child/child under her care
Which result 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
Who are liable?
Husbands;
Former Husbands;
Present & Former Boyfriends or Live-In Partners;
Those with whom the woman has a common child; or
Anyone with whom she has/had sexual or dating relationship.
Elements
Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian relationships
With common child
Falling under Sec. 5 (punishable acts)
What is "Sexual Relations?
Sexual Relations refers to a single sexual act which may or may not result
in the bearing of a common child.
Example: A prostituted woman can avail of the remedies under the law if
she is being harassed or abused or publicly humiliated by a man with
whom she had a single sexual contact.
Sec. 5 Acts of VAWC
Causing, threatening, attempting to cause physical harm
Placing the woman or her child in fear of imminent physical harm
Attempting or compelling the woman or her child to engage in conduct

which they have a right to desist from, or to
depriving or threatening to deprive the woman or her child of custody or

access to her family
depriving them of financial support; insufficient financial support
Depriving or threatening to deprive the woman or her child of a legal right
Preventing the woman from engaging in any legitimate profession,

occupation, business or activity, or controlling her own money or
properties or solely controlling conjugal or common assets
Causing or attempting to cause the woman or her child to engage in any

sexual activity..., by force or threat, physical harm, intimidation directed
against the woman, her child, or immediate family *
Engaging in knowing or reckless conduct, personally or through another,

that alarms or causes substantial emotional or psychological distress
including:
(1) stalking
(2)entering or remaining in the property
Causing mental or emotional anguish, public ridicule, humiliation including

repeated verbal and emotional abuse*
denial of financial support or custody of minor children or denial of access

to the womans child *
* PRESCRIPTION PERIOD: 10 years. All others, 20 years
Protection Orders
Prohibition from threatening or committing, any of punishable acts
Removal and exclusion from the residence regardless of ownership,

temporarily or permanently where no property rights are violated
Stay away from petitioner, any designated family or household member
Temporary or permanent custody of child
Support automatic remittance of salary or income by employer
Dept of Social Welfare & Dev to provide shelter and social services
Purpose of Protection Orders
to prevent further acts of violence against a woman or her child.
to safeguard the victim from further harm
to minimize disruption in victims daily life

give her the opportunity and ability to regain control over her life.
Kinds of Protection Orders
Barangay Protecton Order 15 days; not extendible
Temporary Protection Order 30 days + (shall be renewed by court)
Permanent Protection Order
Temporary Protection Order
Issued by the Court on the day of filing
Ex parte ; Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and support to woman and/or her
children, use of community/conjugal property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation
Permanent Protection Order
issued after notice and hearing
custody, support to the woman and/or her children
respondent to leave the residence permanently
with Bond to Keep the Peace
Who may file for Protection Orders (P.O.)
Offended party
Parents or guardians
Ascendants, descendants, collateral relatives within 4 th degree of

consanguinity or affinity
Social workers of DSWD or LGUs
Police officers
Punong Barangay or kagawad
Lawyer, counselor, therapist, healthcare provider
At least 2 citizens of the city or municipality who have personal knowledge

of the offense
Battered Woman Syndrome (BWS)
justifying circumstance
Perpetrator of crime against a woman with BWS shall not have custody of
children
Exemption from liability
NO CRIMINAL, CIVIL, ADMINISTRATIVE LIABILITY :
Any person, private individual, police authority, barangay official acting in

accordance with law, who
responds or intervenes without using violence or restraint greater than

necessary to ensure safety of the victim
Rights of victims
Right to be treated with respect & dignity;
Legal assistance; support services from DSWD, local governments
Privacy and confidentiality of records
Additional 10 day paid leave from work aside from present paid leave
benefits
Effectiveness of the law:
The law is a product of cooperation of womens rights organizations and

legislators, hence the comprehensive remedies
Protection Orders are being increasingly used by women to protect

themselves, get support, get back their minor children
Barangay protection order is available to poor rural women who have no

easy access to the courts
Supreme Court issued a Rule on VAWC, governs the trial of the case
Government officials, including judges are prohibited from mediating e.g.

to influence the woman to give up her reliefs
Local government units are tasked with education campaign to eliminate

VAW
Mechanism for government implementers and support services
Inter-Agency on VAW is provided in the law; government implementers

have Implementing Rules and Regulations enumerating their duties
Problem: lack of funds for training
Problems, gaps, lessons:
The law does not provide for appropriations, funding for training of
implementers and support services for the woman
Corruption in the judiciary, prosecution service
Low level of gender sensitivity among prosecutors
Ignorance of the law by police officers who are not in the womens and
childrens desks
Lack of quality gender sensitivity seminars for judges who are not family
court judges, and prosecutors
Misuse of the laws and rules by lawyers, e.g. retaliation suits against
women who have protection orders

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REPUBLIC ACT 9262: ANTI-VIOLENCE AGAINTS WOMEN & THIER

CHILDER ACT OF 2004 (VAWC)

Gender based violence was not recognized in Philippine laws.

Revised Penal Code covered offenses committed against women, e.g.,

Had discriminatory provisions on women, treated as subordinate to

Husband had sole administration of the conjugal partnership

1987 CONSTITUTION: State Policies

Sec. 2 adopts the generally accepted principles of international law as

Full respect for human rights

LAWS ON VAW since 1995

Anti-Sexual Harassment Act of 1995

Anti-Rape Act of 1997

Rape Victims Assistance Act (1998)

An Act penalizing matching of Filipino mail order brides (1998)

Anti-Trafficking in Persons Act of 2003

Anti-Violence Against Women and Their Children Act of 2004

RA 9262: Anti VAWC Act

Effective March 27, 2004

Civil action Temporary & Permanent Protection Order

With remedy of Barangay (village) Protection Order

Types of Violence covered

Battery (physical injuries)

Repeated verbal abuse

Threatening the woman that she will lose her child

Stalking or following the woman in her work-place, school or any

Causing or attempting to make the woman or her child to perform

Prostituting the woman or her child

Denial of financial support or custody

What is Violence Against Women & their children (VAWC)?

any act or series of acts committed by any PERSON

with whom he has a common child, or

against her child/child under her care

Which result or is likely to result in physical, sexual, psychological harm or

Battery, assault, coercion, harassment or arbitrary deprivation of liberty

Who are liable?

Present & Former Boyfriends or Live-In Partners;

Those with whom the woman has a common child; or

Anyone with whom she has/had sexual or dating relationship.

Relationship, past or present

Married or not; living in or not

Sexual or dating relationship

Including lesbian relationships

With common child

Falling under Sec. 5 (punishable acts)

What is "Sexual Relations?

Sec. 5 Acts of VAWC

Causing, threatening, attempting to cause physical harm

Placing the woman or her child in fear of imminent physical harm

Attempting or compelling the woman or her child to engage in conduct

depriving or threatening to deprive the woman or her child of custody or

depriving them of financial support; insufficient financial support

Depriving or threatening to deprive the woman or her child of a legal right

Preventing the woman from engaging in any legitimate profession,

Causing or attempting to cause the woman or her child to engage in any

Engaging in knowing or reckless conduct, personally or through another,

Causing mental or emotional anguish, public ridicule, humiliation including

denial of financial support or custody of minor children or denial of access

* PRESCRIPTION PERIOD: 10 years. All others, 20 years

Prohibition from threatening or committing, any of punishable acts