R.A. No. 9262: Anti-Violence Against Women and Their Children Act of 2004
R.A. No. 9262: Anti-Violence Against Women and Their Children Act of 2004
9262
Anti-Violence Against Women
and their Children Act of 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES
They say when a man holds a
woman's hand before
marriage, it is love; after
marriage, it is self-defense.
It's true that all men are born
free and equal, but some of them
get married!
Son: Is it true? Dad, I heard that in
ancient China, a man doesn't
know his wife until he marries.
Notes:
- Defense of battered woman syndrome is a form of self-defense, a justifying
circumstance.
- Where the brutalized person is already suffering from the syndrome, further
evidence of actual physical assault at the time of the killing is NOT
required.Still, impending danger prior to defendants use of deadly force must
be shown. Threatening behaviour or communication can satisfy the required
imminence of danger. Considering such circumstances and the existence of the
syndrome, self-defense may be appreciated.
- However, aggression, if not continuous, does not warrant self-defense.
For battered woman syndrome to justify the killing:
1.Each of the phases of cycle of violence must be proved to have
characterized at least two battering episodes.
2.The final acute battering episode preceding the killing of the batterer
must have produced in the battered persons mind an actual fear of
an imminent harm from batterer and an honest belief that she
needed to use force in order to save her life.
3.At the time of killing, the batterer must have posed not necessarily
immediate and actual grave harm to accused based on the history of
violence by the former against the latter.
Venue (Section 7)
The Regional Trial Court designated as a Family Court shall
have original and exclusive jurisdiction over cases of violence
against women and their children. 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.
Protection Orders (Section 8)
Issued 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.
(c) Removal and exclusion of the respondent from the residence of the
petitioner, regardless of ownership of the residence, either
temporarily for the purpose of protecting the petitioner, or permanently
where no property rights are violated, and if respondent must remove
personal effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has gathered his
things and escort respondent from the residence;
(d) Directing the respondent to stay away from petitioner and
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;
(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 petitioner and any
designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted even
in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not
preclude a petitioner from applying for, or the court from granting a
TPO or PPO.
When disclosure of the address of the victim will pose danger to her
life, it shall be so stated in the application. In such a case, the applicant
shall:
1. attest that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and
2. Shall provide a mailing address for purpose of service
processing.
An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants in the preparation of
the application. Law enforcement agents shall also extend assistance in the
application for protection orders in cases brought to their attention.
SECTION 14.Barangay Protection Orders (BPOs); Who May Issue and How. -Barangay
Protection Orders (BPOs) refer to the protection order issued by thePunong
Barangayordering the perpetrator to desist from committing acts under Section 5 (a)
and (b) of this Act. APunong Barangaywho receives applications for a BPO shall issue
the protection order to the applicant on the date of filing afterex
partedetermination of the basis of the application.
A court may grant in a TPO any, some or all of the reliefs mentioned in this Act
and shall be effective for thirty (30) days. The court shall schedule a hearing on the
issuance of a PPO prior to or on the date of the expiration of the TPO.
SECTION 16.Permanent Protection Orders. Permanent Protection Order (PPO)
refers to protection order issued by the court after notice and hearing.
In case the respondent fails to appear despite proper notice, the court shall
allow ex parte presentation of the evidence by the applicant and render judgment
on the basis of the evidence presented. The court shall allow the introduction of
any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made.
General Rule: The court shall, to the extent possible, conduct the hearing on the
merits of the issuance of a PPO in one (1) day.
- Where the court is unable to conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall continuously extend or renew the
TPO for a period of thirty (30) days at each particular time until final
judgment is issued.
Effectivity of PPO:
The court shall not deny the issuance of protection order on the basis of the
lapse of time between the act of violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must
determine whether or not the PPO shall become final. Even in a dismissal, a PPO
shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.
General Rule: TPO and PPO are filed in the family court at the place of residence
of the petitioner. (Section 10)
Exception: In the absence of a family court, with the RTC, MeTC, MTC or MCTC with
territorial jurisdiction over the place of residence of the petitioner.
Violation of any provision of a TPO or PPO issued under this Act shall constitute
contempt of court punishable under Rule 71 of the Rules of Court, without prejudice
to any other criminal or civil action that the offended party may file for any of the
acts committed.
SECTION 22.Applicability of Protection Orders to Criminal Cases. The foregoing
provisions on protection orders shall be applicable in impliedly instituted with the
criminal actions involving violence against women and their children.
SECTION 23.Bond to Keep the Peace. The Court may order any person against
whom a protection order is issued to give a bond to keep the peace, to present two
sufficient sureties who shall undertake that such person will not commit the
violence sought to be prevented.
Should the respondent fail to give the bond as required, he shall be detained for
a period which shall in no case exceed six (6) months, if he shall have been
prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty
(30) days, if for acts punishable under Section 5(g) to 5(I).
The protection orders referred to in this section are the TPOs and the PPOs issued
only by the courts.
SECTION 24.Prescriptive Period.
Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Acts falling under Sections 5(g) to 5(i) shall prescribe in ten (10) years.
SECTION 25.Public Crime. Violence against women and their children shall be
considered a public offense which may be prosecuted upon the filing of a complaint
by any citizen having personal knowledge of the circumstances involving the
commission of the crime.
Barangay officials and law enforcers shall have the following duties:
Any barangay official or law enforcer who fails to report the incident shall be
liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever
applicable criminal, civil or administrative liability.
SECTION 31.Healthcare Provider Response to Abuse
Any healthcare provider, including, but not limited to, an attending physician,
nurse, clinician, barangay health worker, therapist or counselor who suspects abuse
or has been informed by the victim of violence shall:
The Council members may designate their duly authorized representative who
shall have a rank not lower than an assistant secretary or its equivalent. These
representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing budget
and accounting rules and regulations.
The PNP, in coordination with LGU's shall establish an education and training
program for police officers and barangay officials to enable them to properly handle
cases of violence against women and their children.
All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy
of the victim.
Whoever publishes or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's
consent, shall be liable to the contempt power of the court.
Any person who violates this provision shall suffer the penalty of one (1) year
imprisonment and a fine of not more than Five Hundred Thousand pesos
(P500,000.00).