RA 9262

ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
ACT OF 2004
REPUBLIC ACT NO. 9262

AN ACT DEFINING VIOLENCE AGAINST

WOMEN AND THEIR CHILDREN, PROVIDING
FOR PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES.
 Sec.2. Declaration of Policy.- It is hereby declared
that the State values the dignity of women and
children and guarantees full respect for human
rights. The State also recognizes the need to
protect the family and its members particularly
women and children, from violence and threats to
their personal safety and security.
 Towards this end, the State shall exert efforts to
address violence committed against women and
children in keeping with the fundamental freedoms
guaranteed under the Constitution and the
Provisions of the Universal Declaration of Human
Rights, the convention on the Elimination of all
forms of discrimination Against Women,
Convention on the Rights of the Child and other
international human rights instruments of which
the Philippines is a party.
 DEFINITION OF TERMS

A. VIOLENCE AGAINST WOMEN- 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.
1. Physical Violence refers to acts
that include bodily or physical
harm

2. Sexual violence refers to an act

which is sexual in nature,
committed against a woman or
child.
It includes, but is not limited to:
 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;
 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;
 Prostituting the woman or child.
3. 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.
4. Economic abuse refers to
acts that make or attempt
to make a woman
financially dependent
which includes, but is not
limited to he following:
 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;
 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;
 Destroying household property;
 Controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
B. Battery refers to an act of inflicting physical harm upon
the woman or her child resulting to the physical and
psychological or emotional distress.

C. Battered Woman Syndrome refers to a scientifically

defined pattern of psychological and behavioural symptoms
found in women living in battering relationships as a result
cumulative abuse.

D. Stalking refers to an intentional act committed by a

person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a
thereof.
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.

F. Sexual relations refers to a single sexual act which may or

may not result in the bearing of a common child.
G. Safe place or shelter refers to any home or institution
maintained or managed by the Department of Social
and Development (DSWD) or by any other agency or
voluntary organization accredited by the DSWD for the
purposes of this Act or any other suitable place the resident
of which is willing temporarily to receive the victim.

H. Children refers to those below eighteen (18) years of age

or older but are incapable of taking care of themselves as
defined under Republic Act No. 7610. As used in this Act, it
includes the biological children of the victim and other
children under her care.
 CENTRE OF APPROACH

• Relationship, past or present;

• Married or not;
• living in or not;
• Sexual or dating relationship; and
• Including lesbian relationships with common child
 LIABLE PERSONS ON VAWC

• Husband, ex-husband
• Boyfriend or ex boyfriend
• Father of the woman’s child
• Lesbian girlfriends/partners or ex partners
• Any person with whom the woman has/had a sexual or
dating relationship
 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;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) desist from conduct which they have a 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;
(f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;
(g) Causing or attempting to cause the woman or her child to engage in
any sexual activity which does not constitute rape, by force or threat of
force, physical harm, or through intimidation directed against the
woman or her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or
through another, that alarms or causes substantial emotional or
psychological distress to the woman or her child. This shall include, but
not be limited to, the following acts:
 (1) Stalking or following the woman or her child in public or private
places;
(2) Peering in the window or lingering outside the residence of the
woman or her child;
(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence.
(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.
SECTION 7- VENUE

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.
 • Barangay P.O.
SECTION 8- PROTECTION ORDERS  15 days
• Temporary P.O.
 30 days
• Permanent P.O.
A protection order is an order issued under this act for the  lifetime
purpose of preventing further acts of violence against a
woman or her child specified in Sec. 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.
SEC. 26-BATTERED WOMAN SYNDROME AS
A DEFENSE

Victim-survivors who are found by the courts to be

suffering from battered woman syndrome do not incur any
criminal and civil liability notwithstanding the absence of any
of the elements for justifying circumstances of self-defense
under the Revised Penal Code.
In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at the
time of the commission of the crime, the courts shall be
assisted by expert psychiatrists/ psychologists.
 SEC. 27- PROHIBITED DEFENSE

Being under the influence of alcohol, any illicit drug, or

any other mind-altering substance shall not be a defense
under this Act.
 SEC. 35- RIGHTS OF VICTIMS
In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:
 (a) to be treated with respect and dignity;
 (b)to avail of legal assistance form the PAO of the Department of Justice
(DOJ) or any public legal assistance office;
 (c) To be entitled to support services form the DSWD and LGUs'
 (d)To be entitled to all legal remedies and support as provided for under the
Family Code; and
 (e)To be informed of their rights and the services available to them including
their right to apply for a protection order.
 SEC. 40- MANDATORY PROGRAMS AND
SERVICES FOR VICTIMS

The DSWD, and LGU's shall provide the victims temporary

shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SEC. 41- COUNSELING AND TREATMENT
OF OFFENDERS

The DSWD shall provide rehabilitative counseling and

treatment to perpetrators towards learning constructive ways
of coping with anger and emotional outbursts and reforming
their ways. When necessary, the offender shall be ordered by
the Court to submit to psychiatric treatment or confinement.
 SEC. 45- FUNDING

The amount necessary to implement the provisions of this

Act shall be included in the annual General Appropriations
Act (GAA).

The Gender and Development (GAD) Budget of the

mandated agencies and LGU's shall be used to implement
services for victim of violence against women and their
children.
SEC. 46- IMPLEMENTING RULES AND
REGULATIONS

Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP,
and three (3) representatives from NGOs to be identified by
the NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
SEC. 50- EFFECTIVITY

This Act shall take effect fifteen (15) days from the date of
its complete publication in at least two (2) newspapers of
general circulation.

Approved: March 08, 2004

 IV
ANALYSIS AND CONCLUSIONS

Effectiveness
Efficiency
Ethically sound
Evaluation of potential alternative policies
Established recommendation for positive changes
V. IMPLICATIONS TO SOCIAL WORK
PRACTICE

VI. RECOMMENDATION