RA 9262
Anti Violence Against Women and
their Children Act of 2004
Republic Act 9262
• RA 9262 is “Anti-violence Against Women
and their Children Act Of 2004” which was
adopted/signed on March 8, 2004 and took
effect last March 27, 2004.
• RA 9262 is a law that protects the rights
• of women & their children & also
• eliminates violence as it’s usually children
• and women who are likely the victims due
• to unequal power relations.
Overview of Violence Against Women and their
Children(VAWC)
• It is present in every
country, cuts across
boundaries of geography,
culture, class, education,
income, ethnicity and
age.
• It happens at home or in
a relationship.
• It affects children.
1. What is VAWC?
• Any act or a series of acts committed by any person
against a woman who is his wife, former wife.
• Against a woman with whom the person has or had
a sexual or dating relationship, or with whom he has a
common child,
• Against her child whether legitimate or illegitimate,
• within or without the family abode,
• which results in or is likely to result in physical,
sexual, psychological harm or suffering, or economic
abuse including threats of acts such as battering,
assault, coercion, harassment or arbitrary deprivation
of liberty.
Picture of a typical HAPPY FAMILY.
Unexpected things happen sometimes.
WHO ARE THE WOMEN PROTECTED UNDER THIS LAW?
Wife;
former wife;
a woman with whom the offender
has or had sexual or dating
relationship;
a woman with whom the offender
has a common child; or
the woman’s child, whether
legitimate or illegitimate.
THE OFFENDED PARTY: THE WOMAN,
THE CHILD
WHO ARE LIABLE FOR VIOLATION OF RA 9262
(OFFENDER)
husband;
former husband;
boyfriend;
ex-boyfriend;
live-in partner or ex-partner;
one with whom the woman has a
common child;
one with whom the woman
has/had sexual or dating
relationship
(even lesbian relationship);
THE OFFENDER (s)
The Husband,
The Lover and the Ex,
THE OFFENDER(s)
• Even parents-in-law may be held liable under
the provisions of RA 9262.
• The law expressly recognizes that the acts of
violence against women and their children
may be committed by an offender through
another.
Tan vs. Tan, G.R. No. 168852, September 30, 2008
THE OFFENDER(s)
• (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. xxx (Sec. 5, h of RA 9262)
• A protection order may be issued prohibiting:
the respondent from threatening to commit or
committing, personally or through another, any of the acts
mentioned in Section 5 of this Act. (Sec. 8 of RA 9262).
the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner,
directly or indirectly;
2. Who are considered CHILDREN?
• Anyone below 18 years of age, or older but
incapable of taking care themselves, including the
biological children of the victim and other children
under her care.
3. What are the FOUR (4) ACTS that constitute VAWC ?
Sexual violence is an act, which is Physical violence – bodily harm
sexual in nature such as rape, sexual or physical harm.
harassment.
Psychological violence is an act that Economic violence are acts that make the
causes mental or emotional suffering to woman financially dependent, such as
the victim such as intimidation withdrawal of financial support,
stalking, marital infidelity. destroying household property.
4. What are the rights of THE Victim – Survivor?
• To be treated with respect and dignity
• To confidentiality (Violation of this entails a penalty of
one-year imprisonment and a fine of not more than 500,000
pesos).
• 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. (Sec. 43)
• To be informed of their rights and the services
available to them, including their right to apply for a
protection order.
5. What are the 3 types of Protection Orders?
• Barangay Protection Order (BPO) is issued
by Punong Barangay/Kagawad; effective for
15 days.
• Temporary Protection Order (TPO) refers to
the protection order issued by the Court on
the date of filing after exparte determination
that such order should be issued; effective for
30 days and renewable/extendable.
• Permanent Protection Order (PPO) refers to
protection order issued by court after notice
and proper hearing.
5a. What is the purpose of Protection
Orders ?
• to prevent further acts of violence against a woman
or her child;
• safeguards the victim from further harm;
• minimizes any disruption in the victims
daily life;
• facilitates the opportunity and ability
of control over her life.
6. 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 (Secs. 40 & 41)
7. What are the PENALTIES for VAWC?
• Imprisonment based on the provisions of the Revised Penal
Code;
• Fine ranging from 100,000.00 to 300,000.00;
• Mandatory psychological counseling or psychiatric treatment
for perpetrators.
9. What is “BATTERED WOMAN
SYNDROME”?
• It is defined as pattern of psychological and behavioral
symptoms found in women living in battering relationships
as a result of cumulative abuse (Sec. 3 & 5);
• Used as a justifying circumstances;
• No criminal or civil liability;
• Should be determined through the assistance of
psychiatrists/psychologists (Secs. 26 & 32).
• Babae ka, hindi babae lang.
• Ang kariktan mo'y namumukadkad hindi
dahil sa mala-rosas na kolorete ng mukha,
hindi dahil sa ikli o haba ng saya. Nasa
'yong pananatiling mapagkalinga sa gitna
ng mapang-abusong patriyarkal na lipunan,
nasa 'yong paninindigan laban sa bawat
inhustisya, nasa 'yong mga kakayanan at
abilidad na hindi matatawaran.
• Ngayong Marso, ating gunitain ang Women's
Month sa pamamagitan ng pagbibigay pugay sa
lakas, talino at yumi ng kababaihan—mula sa
ating mga ina, kapatid at kaibigan, hanggang sa
mga minoryang sektor, mga babaeng
manggagawa at mga magiting na
rebolusyonarya ng ating kasaysayan.
