RA 9262 or known as

ANTI-VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT OF 2004
RA 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
 2. Sexual violence refers
1. Physical Violence refers to an act which is sexual in
to acts that include bodily nature, committed against
or physical harm 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.
WHO ARE PROTECTED ?

 WOMEN
 CHILDREN OF THE ABUSED WOMAN
WHO ARE LIABLE
 Husband, ex-husband
 Boyfriend or ex
 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
STATUTORY CONSTRUCTION
(LAW INTERPRETATION)
Liberally construed to promote the protection and safety
of victims of VAWC
SECTION 5- ACTS OF VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
 Causing, threatening, attempting to cause physical harm to
woman or her child
 Placing the woman or her child in fear of imminent physical
harm
 Attempting or compelling the women or her child to engage in
conduct which they have a right to desist from, or to
 desist from conduct which they have a right to engage in
 attempting to restrict or restricting the woman’s or her child’s
freedom of movement or conduct by force or threat of force,
physical or other harm or threat of physical or other harm,
 intimidation directed against the woman or her child
 Acts committed with the purpose or effect of
controlling or restricting the woman’s or her
child’s movement by:

1) depriving or threatening to deprive the woman or her

child or custody or access to her family
2)depriving them of financial support/insufficient financial
support
3)Depriving or threatening to deprive the woman or her
child of a legal right
4)Preventing the woman from engaging in any legitimate
profession, occupation, business or activity, or
controlling the victim’s own money or properties or
solely controlling conjugal or common money or
properties
SECTION 5 PUNISHABLE ACTS
 Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions
 Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
C-constitute rape, by force or threat, physical harm,
intimidation directed against the woman, her child, or
immediate family *
SECTION 5 PUNISHABLE ACTS
 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 woman’s child *

 PRESCRIPTION PERIOD: 10 years. All others, 20

years
SECTION 5 PUNISHABLE ACTS
 Engaging in knowing or reckless conduct, personally
or through another, that alarms or causes substantial
emotional or psychological distress to the woman or
her child, including:
1. stalking
2. peering in window; lingering outside the residence
3. entering or remaining in the house or on the
property of the woman or her child
4. destroying property and personal belongings or
causing harm to animals, pets
5. engaging in any form of harassment or violence **
PENALTIES
 Aggravating circumstance: if the woman or child is pregnant or
committed in the presence of her child, the penalty shall be the
maximum of the period of penalty
 Imprisonment plus : fine of P100,000- P300,000, and mandatory
psychological counseling or psychiatric treatment
VENUE
 CRIMINAL ACTION: - Family Court or if none,
- In the Regional Trial Court where the crime or any of
its elements was committed,
- at the option of the complainant.
 PROTECTION ORDER : Family Court in the residence
of petitioner, if none, in the RTC, MTC, MCTC
PROTECTION ORDER
PROTECTION ORDER – to prevent further acts of violence against a
woman or her child.
 To safeguard the victim from further harm, minimizing disruption
in victim’s daily life, and give her the opportunity and ability to
regain control over her life.
 KINDS OF P.O.
Barangay Protection Order
Temporary Protection Order
Permanent Protection Order
WHY FILE FOR PROTECTION ORDER?
 Prohibition from threatening or committing, personally or through
another, any of acts in Sec. 5
 Prohibition from harassing, telephoning, contracting the petitioner
 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, from residence, school, workplace, or specified place
 Directing law enforcer to accompany petitioner to the residence,
ensure possession of automobile and other personal effects;
supervise respondent’s removal of belongings
 Temporary or permanent custody of child
 Support: automatic remittance of salary or income by employer
 Directing DSWD or appropriate agency to provide shelter and social
services
WHO MAY FILE FOR PROTECTION
ORDER
 Offended party
 Parents or guardians
 Ascendants, descendants, collateral relatives within 4th 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
BARANGAY PROTECTION ORDER
 Issued by Punong Barangay
 Effective for 15 days only
 Ordering perpetrator to desist from committing physical harm or
threatening  Ex parte proceedings [Sec. 5(a) & (b)]
 Kagawad can issue if Punong Barangay is not available
TEMPORARY PROTRCTION ORDER
 Issued by the court on the day of filing
 Ex parte
 Priority over all other cases
 Effective for 30 days; extendible
PERMANENT PROTECTION ORDER

 Issued by t he Court after notice and hearing

 Priority over all other proceedings such as election cases, habeas
corpus, cases of children (Sec. 20)
REMINDER:
VAWC IS A PUBLIC CRIME. Any citizen having personal knowledge or
the circumstances of the offense may file a case
BATTERED WOMAN SYNDROME

BWS- scientifically defined pattern of psychological and behavioral

symptoms found in women living in battering relationships as a
result of cumulative abuse.
 A defense; justifying circumstance;
 A victim with BWS is not disqualified from having custody of her
children
 Perpetrator of woman with BWS shall not have custody
Duties of Barangay Officials &
Law Enforcers
 Enter the dwelling whether or not a P.O. has been issued
 Confiscate deadly weapon in possession or in plain view
 Transport or escort the victim to safe place or clinic, hospital
 Assist victim in removing personal belongings from the house
 Ensure enforcement of BPO, TPO, PPO
 Arrest without a warrant
- When the acts of violence is occurring, or When s/he has personal
knowledge that abuse has just been committed, and there is
imminent danger to life and limb of victim
 Immediately report the call for assistance of
 DSWD, LGU social workers or accredited NGOs
 FAILURE TO REPORT
 Barangay official or law enforcer who fails to report
the incident shall be liable for fine not exceeding
P10,000 or civil, criminal or administrative liability
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
PROHIBITED ACTS OF THE
BARANGAY
1. Barangay official or the court hearing the application for a
P.O. shall not order, direct, force or in any way influence the
applicant to compromise or abandon any of the relief sought.
2. No mediation or conciliation of acts of VAWC in the barangay
RIGHTS OF THE VICTIM
 Right to be treated with respect & dignity;
 Legal assistance; support services from DSWD, LGUs
 To be informed of their rights and services available
 Additional 10 day paid leave from work aside from present paid
leave benefits
Counseling & Treatment of
Offenders

 DSWD shall provide rehabilitative counseling and treatment of

perpetrators
 Constructive ways of coping with anger and reforming their
ways.
 When necessary, the Court shall order offender to submit to
psychiatric treatment or confinement
Confidentiality of records

 Court records and barangay records

 Right to privacy of victim
 Violation: 1 year imprisonment & fine of
not more than P500,000
Thank you
BY: LORNA U. FERNANDEZ-ESPINOZA