ANTI-VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT OF 2004

REPUBLIC ACT NO. 9262
WHAT IS R.A. 9262 OR THE ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN ACT OF 2004?

 It is a law the seeks to address the prevalence of violence

against women and their children (VAWC) by their intimate
partners like their husband or ex-husband, live-in partner or
former live-in partner, boyfriend/girlfriend or ex-boyfriend/ex-
girlfriend, dating partner or former dating partner.
WHAT IS VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN UNDER R.A. 9262?
 It refers to any act or a series of acts committed by an intimate partner (husband, ex-
husband, live-in partner, boyfriend/girlfriend, fiancé, who the woman had sexual/dating
relationship):
a) against a woman who is his wife, former wife;
b) against a woman with whom the person has or had a sexual or dating relationship,
c) against a women with whom he has a common child;
d) against her child whether legitimate or illegitimate within or without the family
abode,
of which results in 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.
DEFINITION OF SEXUAL RELATIONS AS USED
UNDER R.A. 9262

 It refers to a single sexual act which may or may not

result in the bearing of a common child.
DEFINITION OF DATING RELATIONSHIP AS USED
UNDER R.A. 9262

 It is 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.
WHAT ARE THE ACTS OF VIOLENCE WHICH
ARE COVERED UNDER R.A. 9262?
 Physical Violence – acts that include bodily or physical harm
(battery), such as:
a) causing/threatening/attempting to cause physical harm to
the woman or her child;
b) placing the woman or her child in fear of imminent
physical harm
 Sexual Violence – the acts which are sexual in nature committed against a woman or her child. It
includes, but is not limited to:
a) 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 him or her 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.
b) 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.
c) Prostituting the woman or her child.
 Psychological Violence – Acts or omissions causing or likely to cause mental or emotional
suffering of the victim which includes, but is not limited to the following:
a) Controlling or restricting the woman’s or her child’s movement or conduct, such as:
 Threatening to or actually depriving the woman or her child of custody or access to
her/his family;
 Depriving or threatening to deprive the woman or her child of a legal right;
b) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, e.g. repeated verbal and emotional abuse, and denial of financial support or custody or minor
children or denial of access to the woman’s child/children;
c) Threatening or actually inflicting physical harm on oneself for the purpose of controlling
the woman’s actions or decisions;
 d) 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.
e) Causing substantial emotional or psychological distress to the woman or her child:
 Stalking or following the woman or her child in public or private places;
 Peering in the window or lingering outside the residence or the woman or her child;
 Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
 Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child;
 Engaging in any form of harassment or violence.
 Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her
abuser, which includes, but is not limited to the following:
a) Preventing the woman 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;
b) Controlling the woman’s own money or property; or solely controlling the conjugal or
common money/properties;
c) Destroying household property.
WHO ARE THE PERSONS PROTECTED BY R.A.
9262?
 Wife;
 Former Wife;
 A woman with whom the offender has or had sexual relations with;
 A woman with whom the offender has a common child with;
 The legitimate or illegitimate child of the woman within or without the
family abode.
DEFINITION OF CHILD/CHILDREN AS USED
UNDER R.A. 9262

 “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.
DEFINITION OF “BATTERED WOMAN
SYNDROME” AS USED UNDER R.A. 9262
 It refers to a scientifically defined pattern of psychological and behavioral
symptoms found in battered women as a result of a long history of abuse. R.A.
9262 acknowledges that women who have retaliated against their partner or who
commit violence as a form of self-defense may have suffered from Battered
Woman Syndrome (BWS). Any victim who suffers from BWS should be
diagnosed by a Psychiatric expert or a clinical psychologist. This will also help
the victim in obtaining a just decision in her case. The law does not allow the
offender to have custody of minor children. Their care is entrusted to the woman
even if she is found to have BWS.
IS VAWC COMMITTED BY MEN ALONE?

 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.
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 CAN WOMEN AND CHILDREN DO UNDER
R.A. 9262?

 Under the law, the offended party may file a criminal

action, or apply for a Protection Order either as an
independent action or as an incident in civil or criminal
action and other remedies.
WHO MAY FILE A COMPLAINT UNDER R.A. 9262?

 Any citizen having personal knowledge of the

circumstances involving the commission of the crime
may file a complaint because violence against women
and their 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 ARE THE PENALTIES FOR COMMITTING
VAWC?

 Offenders proven in court to be guilty of the crime shall

be penalized with: imprisonment ranging from 1 month
and 1 day to 20 years. In addition to imprisonment, he
shall pay a fine in the amount of not less than Php100,000
to Php300,000 and undergo mandatory psychological
counseling or psychiatric treatment.
WHAT IS THE PRESCRIPTIVE PERIOD FOR A
COMPLAINANT TO FILE A COMPLAINT?

 The criminal complaint may be filed within twenty

(20) years from the occurrence or commission of the act
or acts consisting of VAWC.
WHAT IS A PROTECTION ORDER?
 A protection order is an order issued under this act for the purpose of
preventing further acts of violence against women or her child. And
granting other relief as may be needed. 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 of
her life. The provisions of the protection order shall be enforced by law
enforcement agencies.
BARANGAY PROTECTION ORDERS (BPO)

 It refer to the protection order issued by the Punong

Barangay ordering the perpetrator to desist from
committing acts of physical harm against the woman or
her child. It shall be effective for 15 days.
TEMPORARY PROTECTION ORDERS (TPO)
 It refers to the protection order issued by the court on the date of the filing
of the application after ex parte determination that such order should be
issued. The court may grant in a TPO any, some or all of the reliefs
mentioned in R.A. 9262 and shall be effective for thirty (30) days. The
court shall order the immediate personal service of the TPO on the
respondent by the court sheriff who may obtain the assistance of law
enforcement agents for the service.
PERMANENT PROTECTION ORDER (PPO)

 It refers to the protection order issued by the court after notice

and hearing. 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. PPO shall be effective
until revoked by the court upon application of the person in
whose favor it was issued.
WHERE CAN I APPLY FOR A PROTECTION
ORDER?
 Application for a protection may be filed with the appropriate
Regional Trial Court/Family Court or Municipal Court where
the petitioner resides in case of Temporary Protection Order
(TPO) and Permanent Protection Order (PPO), respectively.
Barangay Protection Order may be applied for in the Barangay
where the applicant resides.
WHO MAY FILE A PETITION FOR PROTECTION
ORDERS?
 The offended party;  Police officers, preferably those in charge

 The parents or guardians of the offended of women and children’s desks;

party;  Punong Barangay or Barangay Kagawad;

 The ascendants, descendants or collateral  Lawyer, counselor, therapist or healthcare

relatives within the fourth civil degree of provider of the petitioner;
consanguinity or affinity;  At least two (2) concerned responsible
 Officers or social workers of the DSWD citizens of the city or municipality where
or social workers of local government the violence against women and their
units (LGUs); children occurred and who has personal
knowledge of the offense committed.
HOW CAN I APPLY FOR A PROTECTION ORDER?
 The application of the Protection Order must be in writing, signed and verified under
oath by the applicant., and shall contain the following information:
 Names and addresses of the petitioner and the respondent
 Description of relationships between the petitioner and respondent
 Statement of the circumstances of abuse
 Description of the reliefs requested by the petitioner
 Request for counsel and reasons for such
 Request for waiver of application fees until hearing
 An attestation that there is no pending application for a protection order in another court
WHAT CAN THE WOMAN DO IF THE BARANGAY OFFICIAL FAILED
OR REFUSED TO ISSUE THE BPO WITHIN 24 HOURS FROM
APPLICATION?

 She can file an administrative complaint against the barangay official for
failure to perform his/her duties. The complaint must be filed with the
Sangguniang Panglungsod or Bayan.
 She can go to the police station to complain against the perpetrator.
 She can go to the Clerk of Court of the Family Court where she lives and
request assistance in filing for a Protection Order.
CAN THE BARANGAY OFFICIALS MEDIATE OR
CONCILIATE?

 No. Conciliation and mediation of acts of violence

against women and their children are not allowed under
this law. The barangay officials, police or social
workers should not attempt to mediate or influence the
woman to give up her legal action or application for a
BPO, TPO or PPO.