VAWC Presentation

R.A.
9262
Anti-Violence Against Women
and their Children Act of 2004
What is VAWC?
What is RA 9262?
Addresses the prevalence of
violence against women and
children(VAWC), abuses on
women and their children by their
intimate partners.
Who are considered intimate
partners?
 Husband or ex –husband;
 Live-in partner or ex-live in partner;
 Boyfriend/girlfriend or
Ex boyfriend/ex-girlfriend;
 Sexual/Dating partner or ex-sexual/dating

partner
What is VAWC under the law?
Definition:
1) any act or a series of acts
2) committed by any person
3) against a woman –
a. who is his wife or former wife;
b. with whom the person has or had a
sexual or dating relationship or with whom he has a
common child;
c. against her child whether legitimate or
illegitimate;
d. within or without the family abode
4) which result in or is likely to result in
physical, sexual, psychological harm or suffering,
economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary
deprivation of liberty
Type of Violence
Physical Violence
- acts that include bodily or physical harm
Type of Violence
Sexual Violence
acts which are sexual in nature:
Prostituting the
woman/child Sexual Harassment
Sexual Violence…
 Treating woman/child as a sex object

 Making demeaning and sexually
suggestive remarks
 Physically attacking the sexual parts of
the victim’s body
Psychological Violence
- acts or omissions causing or likely to cause
mental or emotional suffering of the victim
Stalking Intimidation
Causing or allowing the victim to witness the
physical, sexual or psychological abuse of a
member of the family to which the victim belongs.
Psychological Violence…
 Harassment;
 Damage to property;
 Public ridicule or humiliation; or
 Repeated verbal abuse and mental
infidelity
 To witness pornography in any form
 To witness abusive injury to pets
 Unlawful deprivation of the right to
custody
Economic Abuse
- acts that make or attempt to make a woman
financially dependent such as but not limited to::
 withdrawal of financial support
 preventing the victim from engaging in any legitimate
profession
 destroying household property
 deprivation or threat of deprivation of financial
resources and the right of use or enjoyment of
conjugal, community or property owned in common
 controlling the victims’ own money or properties or
solely controlling the conjugal money or properties
2017 Violence Against Women
Source: Philippine Statistics Authority

2018 Violence Against Women
Source: Philippine Statistics Authority

Sino ang pwedeng makasuhan?
CASE PROFILE
Si Fe ay 35 taong gulang, may asawa, may
5 anak na 1, 4, 5, 6 at 8 taong gulang.
Madalas siyang bugbugin ng asawa na
walang trabaho (tambay) at lasinggero. Si
Fe ang tanging nagtatrabaho sa pamilya
bilang isang labandera. Isang gabi, bugbog
sarado na naman si Fe. Tumakbo siya sa
kanyang nanay. Napag-isipan niyang
kailangan na niyang humingi ng tulong.
What are the appropriate
actions that can be taken?
Medical Assistance
Counseling
Legal Assistance
Who can file a complaint under
RA 9262?
Any citizen having personal knowledge
of the circumstances involving the
commission of the crime may file a
complaint because violence against
women and children is considered a
PUBLIC crime.
Where should cases
for VAWC be filed?
Cases may be filed in the Regional Trial
Court designated as FAMILY COURT of
the place where the crime was
committed. These courts have original
and exclusive jurisdiction over these
cases.
What can women and children do?
1) File for Protection Order (3 Types)
 Barangay protection order AND/OR
 Temporary Protection Order from the Court
 Permanent Protection Order from the court
2) File for Independent Civil Action for Damages
3) File for Criminal Action
4) File for Administrative Action

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 victim’s daily

life
 give her the opportunity and ability to

regain control over her life.
Where to file the Protection Order?
BPO TPO
 issued by  issued by the

the Punong court
Barangay  on the date of
 Issued ex parte on filing of the
the date of filing application
 shall be effective after ex parte
for fifteen (15)  shall be effective
days for thirty (30)
days
What is the purpose of
Protection Order?
 To prevent further abuse of or violence against a
woman and her child.
 It also provides them relief from said abuse or

violence
 safeguards the victim from further harm
 minimizes any disruption in the victims daily life
 facilitates the opportunity and ability of control

over her life
Who may file the
Protection Orders?
 Parent or guardian
 Offended party
 Grandparents
 Children and grandchildren
 Relatives (aunts, uncles, cousins, in-laws)
 Local officials and DSWD social workers
 Police
 Lawyers
 Counselors
 Therapists
 Health care providers (nurses, doctors, barangay health
workers)
 Any two people who came from the city or municipality
where VAWC happened and who have personal
knowledge of the crime
What are the Mandatory
Services for victims-survivors?
 Temporary shelter
 Counseling
 Psycho-social services and or recovery
and rehabilitation programs
 Livelihood assistance;
 Medical assistance
Rehabilitative counseling and
treatment to perpetrators for them
to learn constructive ways of coping
with anger and emotional
outburst and reform their ways
What are the rights of Victim –
Survivor?
 To be treated with respect and dignity
 To privacy and confidentiality of records
 To avail of legal assistance from the PAO or any public
legal assistance
 To be entitled to support services from the DSWD and
LGUs
 To be entitled to all legal remedies and support provided
by the Family Code;
 To avail up to 10 days of leave of absence in addition to
other paid leaves
 To be informed of their rights and the services available to
them, including their right to apply for a protection
order.
Violation of confidentiality shall
have a penalty of one-year
imprisonment and a fine of not
more than 500,000 pesos
Immunity from Suit
Any person, whether a private individual, a public

officer, or a government official /worker, who, in
accordance with law, intervenes without using
violence or restraint greater than necessary to
ensure the safety of the victim, is not liable for
any criminal, civil or administrative accountability
Can women can be charged and
found guilty of violating this act?
Yes. Women can also be liable under the law.

These are the lesbian partners/ girlfriends or
former partners of the victim with whom she has
or had a sexual or dating relationship.
It is defined as pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse
- Used as a justifying circumstances
- No criminal or civil liability
- Should be determined through the assistance of

psychiatrists / psychologists
What is BATTERED WOMAN
SYNDROME?
In order to be classified as a battered
woman, the accused and her spouse
must go through the battering cycle at
least twice. Any woman may find
herself in an abusive relationship with a
man once. If it occurs a second time,
and she remains in the situation, she is
defined as a battered woman (People
vs. Genosa, GR. 135981, Jan 15, 2014)
WHAT IF THE MALE SPOUSE/PARTNER
COMPLAINS ABOUT ABUSES
COMMITTED BY HIS WIFE/PARTNER?
He may file a complaint or case under the
Revised Penal Code.
WHAT ARE THE PENALTIES FOR
COMMITTING VAWC?
 Imprisonment and Damages
 Mandatory psychological counseling or

psychiatric treatment
OTHER FEATURES
 Provides for a prescriptive period from 10-20

years
 Defines VAWC as public crime
 Custody of minor children should be given to the

woman even if she is suffering from Battered
Woman Syndrome
Reality Check: VAW in Numbers
 1 in 5 women experienced physical violence since age 15 (2013

NDH Survey among women aged 15-49)
 6 in 100 women reported having experienced sexual violence
(2013 NDH Survey among women aged 15-49)
 4% of women experienced physical violence during pregnancy
(2013 NDH Survey among women aged 15-49)
 Only 3 of 10 women sought help to stop the violence (2013
NDH Survey among women aged 15-49)
 A total of 31,580 cases of violations of RA 9262 were filed
before the Philippine National Police from January to December
2016 (PNP WCPC 2016 Report)
 A total of 15,749 cases of violations of RA 9262 were filed
before the Philippine National Police from January to June 2017
(PNP WCPC 2017 Report)
 As of June 2017, 88.44% or 37,178 out of 42,036 Barangays
in the Philippines have established Barangay VAW Desk (DILG
Report)
Source:https://www.pcw.gov.ph/VAWfreePH2017
Thank you!

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R.A.

 Live-in partner or ex-live in partner;

 Sexual/Dating partner or ex-sexual/dating

 Treating woman/child as a sex object

Source: Philippine Statistics Authority

Source: Philippine Statistics Authority

2) File for Independent Civil Action for Damages

3) File for Criminal Action

4) File for Administrative Action

 to safeguard the victim from further

 to minimize disruption in victim’s daily

 give her the opportunity and ability to

 issued by  issued by the

 It also provides them relief from said abuse or

 safeguards the victim from further harm

 minimizes any disruption in the victims daily life

 facilitates the opportunity and ability of control

Any person, whether a private individual, a public

Yes. Women can also be liable under the law.

- Used as a justifying circumstances

- No criminal or civil liability

- Should be determined through the assistance of

 Imprisonment and Damages

 Mandatory psychological counseling or

 Provides for a prescriptive period from 10-20

 Defines VAWC as public crime

 Custody of minor children should be given to the

 1 in 5 women experienced physical violence since age 15 (2013

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