Anti-Violence

Against Women
and Their
Children
Republic Act 9262

By: MV Gamale
VAWC Trend
What is RA 9262 or the Anti-Violence Against
Women and Their Children Act of 2004?
• It is a law that 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 RA9262?
• It refers to any act or a series of acts
committed by an intimate partner (husband,
ex-husband, live-in partner,
boyfriend/girlfriend, fiance, who the woman
had sexual/dating relationship):
• against a woman who is his wife, former wife;
 What is Violence Against Women and
Their Children under RA9262?
• against a woman with whom the person has or had a
sexual or dating relationship,
• against a women with whom he has a common child;
• 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.
 What is Violence Against Women and
Their Children under RA9262?

•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.
What are the acts of violence which are
covered under R.A. 9262?
• Physical Violence – acts that include bodily or
physical harm (battery)
• causing/threatening/attempting to cause physical
harm to the woman or her child;
• placing the woman or her child in fear of imminent
physical harm
What are the acts of violence which are
covered under R.A. 9262?
• Sexual Violence – the acts which are sexual in nature
committed against a woman or her 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 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.
What are the acts of violence which are
covered under R.A. 9262?
• Sexual Violence – the acts which are sexual in
nature committed against a woman or her child.
It includes, but is not limited to:
• Causing or attempting to make the woman or her
child to perform sexual acts (that do not constitute
Rape) by use of force, threats, or intimidation
directed against the woman, her child, or her
immediate family.
• Prostituting the woman or her child.
What are the acts of violence which are
covered under R.A. 9262?

• 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: Controlling or
restricting the woman’s or her child’s
movement or conduct.
• Threatening to or actually depriving the woman or
her child of custody or access to her/his family;
What are the acts of violence which are
covered under R.A. 9262?
• Depriving or threatening to deprive the woman or
her child of a legal right;
• 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
What are the acts of violence which are
covered under R.A. 9262?
• Threatening or actually inflicting physical harm on
oneself for the purpose of controlling the woman’s
actions or decisions;
• 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.
What are the acts of violence which are
covered under R.A. 9262?
• Depriving or threatening to deprive the woman or
her child of a legal right;
• 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.
What are the acts of violence which are
covered under R.A. 9262?
• Threatening or actually inflicting physical harm on
oneself for the purpose of controlling the woman’s
actions or decisions;
• 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.
What are the acts of violence which are
covered under R.A. 9262?
• 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
What are the acts of violence which are
covered under R.A. 9262?
• 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
What are the acts of violence which are
covered under R.A. 9262?
• 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:
• 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;
• Controlling the woman’s own money or property; or solely
controlling the conjugal or common money/properties;
• Destroying household property;
 Define 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.
 Define “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.
• RA 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.
 Define 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.
 Who are the persons protected by
R.A. 9262?
• The law recognizes the unequal relations between a man and a woman
in an abusive relationship where the woman is usually at a
disadvantage.
• The following are the persons who are 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
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
payment of P100,000 to P300,000 in damages
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 acts of
violence.
 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 a
woman or her child. And granting other relief as may be
needed.
• The relief granted under a protection order serves 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.
 What are the various kinds of
protection orders?

• The various kinds of protection orders are:

• Barangay Protection Orders (BPO) refer to
the protection order issued by the Punong
Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and
(b) of R.A. 9262. BPO shall be effective for 15
days.
 What are the various kinds of
protection orders?
• Temporary Protection Orders (TPO) 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.
 What are the various kinds of
protection orders?
• Permanent Protection Order (PPO) refers to the
protection order issued by the court after notice and
hearing. The court shall not deny the issuance of a
protection order based on 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 one apply for a
protection order?
• Application for 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 or following Section 409
of the Local Government Code of 1991.
 Who may file a Petition for Protection
Orders?
• A petition for a Protection Order may be filed by the following:
• The offended party
• The parents or guardians of the offended party
• The ascendants, descendants, or collateral relatives within the fourth civil
degree of consanguinity or affinity
• Officers or social workers of the DSWD or social workers of local
government units (LGUs)
• Police officers, preferably those in charge of women’s and children’s desks
• Punong Barangay or Barangay Kagawad
• Lawyer, counselor, therapist or healthcare provider of the petitioner
• At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who
have personal knowledge of the offense committed
 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
Panglunsod 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 Sec. 33, R.A. 9262
amended sections 410-413 of the Local
Government Code.
• 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.
 Impacts of VAWC

• Physical and Emotional Health

Consequences:
- Victims of violence may suffer from physical
injuries ranging from bruises and cuts to more
severe harm.
- Emotional and psychological consequences
include anxiety, depression, post-traumatic
stress disorder (PTSD), and other mental
health issues.
 Impact of VAWC

• Social Isolation:
- Victims often experience social isolation as
they may withdraw from friends, family, and
community due to shame, fear, or the need to
hide the abuse.
 Impact of VAWC

• Interference with Daily Functioning:

– VAWC can interfere with the victim's ability to
work, attend school, and perform daily tasks. This
can have long-term economic consequences.
• Impact on Children:
– Children who witness violence against their
mothers may suffer from emotional and behavioral
problems. They may also be at a higher risk of
experiencing or perpetrating violence later in life.
 Impact of VAWC
• Cycle of Violence:
– There is often a cycle of violence where victims find
it difficult to break free from abusive relationships,
and the abuse may escalate over time.
• Economic Consequences:
– Victims may face economic hardships due to the
impact on their ability to work and maintain
employment. Economic dependence on the abuser
can also make it challenging for victims to leave
abusive situations.
 Impact of VAWC
• Legal and Criminal Consequences:
– VAWC can lead to legal consequences for the
perpetrators, including arrests, restraining orders,
and imprisonment.
• Healthcare Costs:
– The physical and mental health consequences of
VAWC may result in increased healthcare costs,
both for immediate medical treatment and long-
term therapy.
 Impact of VAWC
• Community Impact:
– VAWC can contribute to a culture of fear and
insecurity within a community. It may also strain
social services and law enforcement resources.
• Reinforcement of Gender Inequality:
– VAWC is often rooted in gender inequality and
reinforces harmful gender stereotypes, contributing
to the perpetuation of unequal power dynamics
between men and women.
I Got Flowers Today (Dedicated
to Battered Women)