REPUBLIC ACT NO.

9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES.
Section 1. Short Title.- This Act shall be known as the "AntiViolence Against Women and Their Children Act of 2004."
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.
Sec. 3. Definition of Terms.- As used in this Act:
(a) "Violence against women and their children" refers to
any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman
with whom the person has or had a sexual or dating
relationship, or with whom he has a common child, or
against her child whether legitimate or illegitimate, within
or without the family abode, which result 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. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or
physical
harm;
B. "Sexual violence" refers to an act which is 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 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;
b) 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;
c) Prostituting the woman or child.
C. "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 marital 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.
D. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
1. 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;
2. 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;
3.

Destroying

household

property;

4. 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 behavioral symptoms
found in women living in battering relationships as a result
of
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
combination

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 Welfare
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 underRepublic Act No. 7610. As used in this Act,
it includes the biological children of the victim and other
children under her care.
Sec. 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of violence
against
women
and
their
children.
Sec. 5. Acts of Violence Against Women and Their Children.The crime of violence against women and their children is
committed through any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical
harm;
(c) Attempting to cause the woman or her child physical
harm;
(d) Placing the woman or her child in fear of imminent
physical
harm;
(e) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her child has
the right to desist from or desist from conduct which the
woman or her child has the right to engage in, or 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, or

intimidation directed against the woman or child. This shall

include, but not limited to, the following acts committed
with the purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
(1) Threatening to deprive or actually depriving the woman
or
her
child
of
custody
to
her/his
family;
(2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family, or
deliberately providing the woman's children insufficient
financial
support;
(3) Depriving or threatening to deprive the woman or her
child
of
a
legal
right;
and
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling
the victim's own mon4ey or properties, or solely controlling
the conjugal or common money, or properties.
(f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her child to
engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or
her/his
immediate
family;
(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. This shall include, but not be limited to,
the following acts:
(1) Stalking or following the woman or her child in public or
private
places;
(2) Peering in the window or lingering outside the residence
of
the
woman
or
her
child;
(3) Entering or remaining in the dwelling or on the property
of the woman or her child against her/his will;
(4) Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
and
(5) Engaging in any form of harassment or violence.
(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not

limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to
the woman's child/children.
Sec. 6. Penalties.- The crime of violence against women and
their children, under Sec. 5 hereof shall be punished
according to the following rules:
(a) Acts falling under Sec. 5(a) constituting attempted,
frustrated or consummated parricide or murder or homicide
shall be punished in accordance with the provisions of
the Revised
Penal
Code;
If these acts resulted in mutilation, it shall be punishable in
accordance with the Revised Penal Code; those constituting
serious physical injuries shall have the penalty of prison
mayor; those constituting less serious physical injuries shall
be punished by prision correccional; and those constituting
slight physical injuries shall be punished by arresto mayor;
Acts falling under Sec. 5(b) shall be punished by
imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than
arresto
mayor;
(b) Acts falling under Sec. 5(c) and 5(d) shall be punished by
arresto
mayor;
(c) Acts falling under Sec. 5(e) shall be punished by prision
correccional;
(d) Acts falling under Sec. 5(f) shall be punished by arresto
mayor;
(e) Acts falling under Sec. 5(g) shall be punished by prision
mayor;
(f) Acts falling under Sec. 5(h) and Sec. 5(i) shall be
punished by prision mayor.
If the acts are committed while the woman or child is
pregnant or committed in the presence of her child, the
penalty to be applied shall be the maximum period of
penalty
prescribed
in
the
Sec.
In addition to imprisonment, the perpetrator shall (a) pay a
fine in the amount of not less than One hundred thousand
pesos (P100,000.00) but not more than three hundred
thousand pesos (300,000.00); (b) undergo mandatory
psychological counseling or psychiatric treatment and shall
report
compliance
to
the
court.

Sec. 7. Venue.- The Regional Trial Court designated as a

Family Court shall have original and exclusive jurisdiction
over cases of violence against women and their children
under this law. In the absence of such court in the place
where the offense was committed, the case shall be filed in
the Regional Trial Court where the crime or any of its
elements was committed at the option of the compliant.
Sec. 8. Protection Orders.- 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 specified in
Sec. 5 of this Act and granting other necessary relief. 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 over her life. The provisions of the protection order
shall be enforced by law enforcement agencies. The
protection orders that may be issued under this Act are the
barangay protection order (BPO), temporary protection
order (TPO) and permanent protection order (PPO). The
protection orders that may be issued under this Act shall
include any, some or all of the following reliefs:
(a) Prohibition of the respondent from threatening to
commit or committing, personally or through another, any of
the
acts
mentioned
in
Sec.
5
of
this
Act;
(b) Prohibition of the respondent from harassing, annoying,
telephoning, contacting or otherwise communicating with
the
petitioner,
directly
or
indirectly;
(c) Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights are
violated, and if respondent must remove personal effects
from the residence, the court shall direct a law enforcement
agent to accompany the respondent has gathered his things
and
escort
respondent
from
the
residence;
(d) Directing the respondent to stay away from petitioner
and designated family or household member at a distance
specified by the court, and to stay away from the residence,
school, place of employment, or any specified place
frequented by the petitioner and any designated family or
household
member;
(e) Directing lawful possession and use by petitioner of an
automobile and other essential personal effects, regardless
of ownership, and directing the appropriate law enforcement
officer to accompany the petitioner to the residence of the

parties to ensure that the petitioner is safely restored to the

possession of the automobile and other essential personal
effects, or to supervise the petitioner's or respondent's
removal
of
personal
belongings;
(f) Granting a
child/children

temporary
to

or

permanent
the

custody of a
petitioner;

(g) Directing the respondent to provide support to the

woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or salary of
the respondent to be withheld regularly by the respondent's
employer for the same to be automatically remitted directly
to the woman. Failure to remit and/or withhold or any delay
in the remittance of support to the woman and/or her child
without justifiable cause shall render the respondent or his
employer
liable
for
indirect
contempt
of
court;
(h) Prohibition of the respondent from any use or possession
of any firearm or deadly weapon and order him to surrender
the same to the court for appropriate disposition by the
court, including revocation of license and disqualification to
apply for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall order
the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and
take
appropriate
action
on
matter;
(i) Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to provide
petitioner
may
need;
and
(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the
petitioner and any designated family or household member,
provided petitioner and any designated family or household
member consents to such relief.
Any of the reliefs provided under this Sec. shall be granted
even in the absence of a decree of legal separation or
annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for
BPO shall not preclude a petitioner from applying for, or the
court
from
granting
a
TPO
or
PPO.
Sec. 9. Who may file Petition for Protection Orders. A
petition for protection order may be filed by any of the

following:
(a)
(b)

The
Parents

or

offended
guardians

of

the

party;
offended

party;

(c) Ascendants, descendants or collateral relatives within

the fourth civil degree of consanguinity or affinity;
(d) Officers or social workers of the DSWD or social workers
of
local
government
units
(LGUs);
(e) Police officers, preferably those in charge of women and
children's
desks;
(f)

Punong

Barangay

or

Barangay

Kagawad;

(g) Lawyer, counselor, therapist or healthcare provider of the

petitioner;
(h) At least two (2) concerned responsible citizens of the city
or municipality where the violence against women and their
children occurred and who has personal knowledge of the
offense committed.
Sec. 10. Where to Apply for a Protection Order.
Applications for BPOs shall follow the rules on venue under
Sec. 409 of the Local Government Code of 1991 and its
implementing rules and regulations. An application for a TPO
or PPO may be filed in the regional trial court, metropolitan
trial court, municipal trial court, municipal circuit trial court
with territorial jurisdiction over the place of residence of the
petitioner: Provided, however, That if a family court exists in
the place of residence of the petitioner, the application shall
be
filed
with
that
court.
Sec. 11. How to Apply for a Protection Order. The
application for a protection order must be in writing, signed
and verified under oath by the applicant. It may be filed as
an independent action or as incidental relief in any civil or
criminal case the subject matter or issues thereof partakes
of a violence as described in this Act. A standard protection
order application form, written in English with translation to
the major local languages, shall be made available to
facilitate applications for protections order, and shall
contain, among other, the following information:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and
respondent;
(c)

statement

of

the

circumstances

of

the

abuse;

(d) description of the reliefs requested by petitioner as

specified
in
Sec.
8
herein;
(e)

request

for

counsel

and

reasons

for

such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a
protection order in another court.
If the applicants is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to (a)
the circumstances of the abuse suffered by the victim and
(b) the circumstances of consent given by the victim for the
filling of the application. When disclosure of the address of
the victim will pose danger to her life, it shall be so stated in
the application. In such a case, the applicant shall attest
that the victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall provide a
mailing address for purpose of service processing.
An application for protection order filed with a court shall be
considered an application for both a TPO and PPO.
Barangay officials and court personnel shall assist applicants
in the preparation of the application. Law enforcement
agents shall also extend assistance in the application for
protection orders in cases brought to their attention.
Sec. 12. Enforceability of Protection Orders. All TPOs and
PPOs issued under this Act shall be enforceable anywhere in
the Philippines and a violation thereof shall be punishable
with a fine ranging from Five Thousand Pesos (P5,000.00) to
Fifty Thousand Pesos (P50,000.00) and/or imprisonment of
six
(6)
months.
Sec. 13. Legal Representation of Petitioners for Protection
Order. If the woman or her child requests in the
applications for a protection order for the appointment of
counsel because of lack of economic means to hire a counsel
de parte, the court shall immediately direct the Public
Attorney's Office (PAO) to represent the petitioner in the
hearing on the application. If the PAO determines that the
applicant can afford to hire the services of a counsel de
parte, it shall facilitate the legal representation of the
petitioner by a counsel de parte. The lack of access to family
or conjugal resources by the applicant, such as when the
same are controlled by the perpetrator, shall qualify the
petitioner
to
legal
representation
by
the
PAO.
However, a private counsel offering free legal service is not
barred
from
representing
the
petitioner.

Sec. 14. Barangay Protection Orders (BPOs); Who May Issue

and How. - Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay ordering
the perpetrator to desist from committing acts under Sec. 5
(a) and (b) of this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection order to the
applicant on the date of filing after ex parte determination
of the basis of the application. If the Punong Barangay is
unavailable to act on the application for a BPO, the
application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad the
order must be accompanied by an attestation by the
Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. BPOs
shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or
Barangay Kagawad shall personally serve a copy of the same
on the respondent, or direct any barangay official to effect is
personal
service.
The parties may be accompanied by a non-lawyer advocate
in
any
proceeding
before
the
Punong
Barangay.
Sec. 15. Temporary Protection Orders. Temporary
Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the application
after ex parte determination that such order should be
issued. A court may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be effective for thirty
(30) days. The court shall schedule a hearing on the issuance
of a PPO prior to or on the date of the expiration of the TPO.
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.
The TPO shall include notice of the date of the hearing on
the
merits
of
the
issuance
of
a
PPO.
Sec. 16. Permanent Protection Orders. Permanent
Protection Order (PPO) refers to protection order issued by
the
court
after
notice
and
hearing.
Respondents non-appearance despite proper notice, or his
lack of a lawyer, or the non-availability of his lawyer shall
not be a ground for rescheduling or postponing the hearing
on the merits of the issuance of a PPO. If the respondents
appears without counsel on the date of the hearing on the
PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the
respondent fails to appear despite proper notice, the court
shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence
presented. The court shall allow the introduction of any

history of abusive conduct of a respondent even if the same

was not directed against the applicant or the person for
whom
the
applicant
is
made.
The court shall, to the extent possible, conduct the hearing
on the merits of the issuance of a PPO in one (1) day. Where
the court is unable to conduct the hearing within one (1) day
and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty
(30) days at each particular time until final judgment is
issued. The extended or renewed TPO may be modified by
the court as may be necessary or applicable to address the
needs
of
the
applicant.
The court may grant any, some or all of the reliefs specified
in Sec. 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose
favor the order was issued. The court shall ensure
immediate personal service of the PPO on respondent.
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.
Regardless of the conviction or acquittal of the respondent,
the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as
long as there is no clear showing that the act from which the
order
might
arise
did
not
exist.
Sec. 17. Notice of Sanction in Protection Orders. The
following statement must be printed in bold-faced type or in
capital letters on the protection order issued by the Punong
Barangay or court:
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."
Sec. 18. Mandatory Period For Acting on Applications For
Protection Orders Failure to act on an application for a
protection order within the reglementary period specified in
the previous Sec. without justifiable cause shall render the
official
or
judge
administratively
liable.
Sec. 19. Legal Separation Cases. In cases of legal
separation, where violence as specified in this Act is alleged,
Article 58 of the Family Code shall not apply. The court shall
proceed on the main case and other incidents of the case as
soon as possible. The hearing on any application for a
protection order filed by the petitioner must be conducted
within the mandatory period specified in this Act.
Sec. 20. Priority of Application for a Protection Order. Ex
parte and adversarial hearings to determine the basis of

applications for a protection order under this Act shall have

priority over all other proceedings. Barangay officials and
the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all
other business and, if necessary, suspend other proceedings
in order to hear applications for a protection order.
Sec. 21. Violation of Protection Orders. A complaint for a
violation of a BPO issued under this Act must be filed
directly with any municipal trial court, metropolitan trial
court, or municipal circuit trial court that has territorial
jurisdiction over the barangay that issued the BPO. Violation
of a BPO shall be punishable by imprisonment of thirty (30)
days without prejudice to any other criminal or civil action
that the offended party may file for any of the acts
committed.
A judgement of violation of a BPO ma be appealed according
to the Rules of Court. During trial and upon judgment, the
trial court may motu proprio issue a protection order as it
deems
necessary
without
need
of
an
application.
Violation of any provision of a TPO or PPO issued under this
Act shall constitute contempt of court punishable under Rule
71 of the Rules of Court, without prejudice to any other
criminal or civil action that the offended party may file for
any
of
the
acts
committed.
Sec. 22. Applicability of Protection Orders to Criminal Cases.
The foregoing provisions on protection orders shall be
applicable in impliedly instituted with the criminal actions
involving violence against women and their children.
Sec. 23. Bond to Keep the Peace. The Court may order any
person against whom a protection order is issued to give a
bond to keep the peace, to present two sufficient sureties
who shall undertake that such person will not commit the
violence
sought
to
be
prevented.
Should the respondent fail to give the bond as required, he
shall be detained for a period which shall in no case exceed
six (6) months, if he shall have been prosecuted for acts
punishable under Sec. 5(a) to 5(f) and not exceeding thirty
(30) days, if for acts punishable under Sec. 5(g) to 5(i).
The protection orders referred to in this Sec. are the TPOs
and
the
PPOs
issued
only
by
the
courts.
Sec. 24. Prescriptive Period. Acts falling under Sec.s 5(a) to
5(f) shall prescribe in twenty (20) years. Acts falling under
Sec.s 5(g) to 5(i) shall prescribe in ten (10) years.
Sec. 25. Public Crime. Violence against women and their

children shall be considered a public offense which may be

prosecuted upon the filing of a complaint by any citizen
having personal knowledge of the circumstances involving
the
commission
of
the
crime.
Sec. 26. Battered Woman Syndrome as a Defense. Victimsurvivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and
civil liability notwithstanding the absence of any of the
elements for justifying circumstances of self-defense under
theRevised
Penal
Code.
In the determination of the state of mind of the woman who
was suffering from battered woman syndrome at the time of
the commission of the crime, the courts shall be assisted by
expert
psychiatrists/
psychologists.
Sec. 27. Prohibited Defense. Being under the influence of
alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.
Sec. 28. Custody of children. The woman victim of violence
shall be entitled to the custody and support of her
child/children. Children below seven (7) years old older but
with mental or physical disabilities shall automatically be
given to the mother, with right to support, unless the court
finds
compelling
reasons
to
order
otherwise.
A victim who is suffering from battered woman syndrome
shall not be disqualified from having custody of her children.
In no case shall custody of minor children be given to the
perpetrator of a woman who is suffering from Battered
woman
syndrome.
Sec.
29.
Duties
of
Prosecutors/Court
Personnel.

Prosecutors and court personnel should observe the

following duties when dealing with victims under this Act:
a) communicate with the victim in a language understood by
the
woman
or
her
child;
and
b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for
indigent litigants.
Sec. 30. Duties of Barangay Officials and Law Enforcers.
Barangay officials and law enforcers shall have the following
duties:
(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the
necessary whether or not a protection order has been issued
and
ensure
the
safety
of
the
victim/s;

(b) confiscate any deadly weapon in the possession of the

perpetrator
or
within
plain
view;
(c) transport or escort the victim/s to a safe place of their
choice
or
to
a
clinic
or
hospital;
(d) assist the victim in removing personal belongs from the
house;
(e) assist the barangay officials and other government
officers and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued
by
the
Punong
Barangy
or
the
courts;
(g) arrest the suspected perpetrator wiithout a warrant
when any of the acts of violence defined by this Act is
occurring, or when he/she has personal knowledge that any
act of abuse has just been committed, and there is imminent
danger to the life or limb of the victim as defined in this Act;
and
(h) immediately report the call for assessment or assistance
of the DSWD, social Welfare Department of LGUs or
accredited non-government organizations (NGOs).
Any barangay official or law enforcer who fails to report the
incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative
liability.
Sec. 31. Healthcare Provider Response to Abuse
healthcare provider, including, but not limited
attending physician, nurse, clinician, barangay
worker, therapist or counselor who suspects abuse
been informed by the victim of violence shall:
(a) properly
emotional

document
or

any of the victim's

psychological

Any
to, an
health
or has

physical,
injuries;

(b) properly record any of victim's suspicions, observations

and
circumstances
of
the
examination
or
visit;
(c) automatically provide the victim free of charge a medical
certificate
concerning
the
examination
or
visit;
(d) safeguard the records and make them available to the
victim
upon
request
at
actual
cost;
and
(e) provide the victim immediate and adequate notice of
rights and remedies provided under this Act, and services

available to them.
Sec. 32. Duties of Other Government Agencies and LGUs
Other government agencies and LGUs shall establish
programs such as, but not limited to, education and
information campaign and seminars or symposia on the
nature, causes, incidence and consequences of such violence
particularly towards educating the public on its social
impacts.
It shall be the duty of the concerned government agencies
and LGU's to ensure the sustained education and training of
their officers and personnel on the prevention of violence
against women and their children under the Act.
Sec. 33. Prohibited Acts. A Punong Barangay, Barangay
Kagawad or the court hearing an application for a protection
order shall not order, direct, force or in any way unduly
influence he applicant for a protection order to compromise
or abandon any of the reliefs sought in the application for
protection under this Act. Sec. 7 of the Family Courts Act of
1997 and Sec.s 410, 411, 412 and 413 of the Local
Government Code of 1991 shall not apply in proceedings
where
relief
is
sought
under
this
Act.
Failure to comply with this Sec. shall render the official or
judge
administratively
liable.
Sec. 34. Persons Intervening Exempt from Liability. In
every case of violence against women and their children as
herein defined, any person, private individual or police
authority or barangay official who, acting in accordance with
law, responds or intervenes without using violence or
restraint greater than necessary to ensure the safety of the
victim, shall not be liable for any criminal, civil or
administrative
liability
resulting
therefrom.
Sec. 35. Rights of Victims. In addition to their rights under
existing laws, victims of violence against women and their
children shall have the following rights:
(a)

to

be

treated

with

respect

and

dignity;

(b) to avail of legal assistance form the PAO of the

Department of Justice (DOJ) or any public legal assistance
office;
(c) To be entitled to support services form the DSWD and
LGUs'
(d) To be entitled to all legal remedies and support as
provided
for
under
the
Family
Code;
and

(e) To be informed of their rights and the services available

to them including their right to apply for a protection order.
Sec. 36. Damages. Any victim of violence under this Act
shall be entitled to actual, compensatory, moral and
exemplary
damages.
Sec. 37. Hold Departure Order. The court shall expedite the
process of issuance of a hold departure order in cases
prosecuted
under
this
Act.
Sec. 38. Exemption from Payment of Docket Fee and Other
Expenses. If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of
danger to act on an application for a protection order, the
court shall accept the application without payment of the
filing fee and other fees and of transcript of stenographic
notes.
Sec. 39. Inter-Agency Council on Violence Against Women
and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an InterAgency Council on Violence Against Women and their
children, hereinafter known as the Council, which shall be
composed of the following agencies:
(a) Department of Social Welfare and Development (DSWD);
(b) National Commission on the Role of Filipino Women
(NCRFW);
(c)
(d)
(e)
(f)

Civil

Service

Commission
Council

for

Commission

on
the

Human
Welfare

Department

of

rights

of

Children
Justice

(CSC);
(CHR)
(CWC);
(DOJ);

(g) Department of the Interior and Local Government (DILG);

(h)

Philippine

(i)

Department

(j)

Department

National
of
of

Police
Health
Education

(PNP);
(DOH);
(DepEd);

(k) Department of Labor and Employment (DOLE); and

(l) National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and
projects to eliminate VAW based on their mandates as well

as develop capability programs for their employees to

become more sensitive to the needs of their clients. The
Council will also serve as the monitoring body as regards to
VAW initiatives.
The Council members may designate their duly authorized
representative who shall have a rank not lower than an
assistant secretary or its equivalent. These representatives
shall attend Council meetings in their behalf, and shall
receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and
regulations.
Sec. 40. Mandatory Programs and Services for Victims. The
DSWD, and LGU's shall provide the victims temporary
shelters, provide counseling, psycho-social services and /or,
recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
Sec. 41. Counseling and Treatment of Offenders. The DSWD
shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping
with anger and emotional outbursts and reforming their
ways. When necessary, the offender shall be ordered by the
Court to submit to psychiatric treatment or confinement.
Sec. 42. Training of Persons Involved in Responding to
Violence Against Women and their Children Cases. All
agencies involved in responding to violence against women
and their children cases shall be required to undergo
education and training to acquaint them with:
a. the nature, extend and causes of violence against women
and their children;
b. the legal rights of, and remedies available to, victims of
violence against women and their children;
c. the services and facilities available to victims or survivors;
d. the legal duties imposed on police officers to make arrest
and to offer protection and assistance; and
e. techniques for handling incidents of violence against
women and their children that minimize the likelihood of
injury to the officer and promote the safety of the victim or
survivor.
The PNP, in coordination with LGU's shall establish an
education and training program for police officers and
barangay officials to enable them to properly handle cases of
violence against women and their children.

Sec. 43. Entitled to Leave. Victims under this Act shall be

entitled to take a paid leave of absence up to ten (10) days
in addition to other paid leaves under the Labor Code and
Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
Any employer who shall prejudice the right of the person
under this Sec. shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a victim under this
Act shall likewise be liable for discrimination.
Sec. 44. Confidentiality. All records pertaining to cases of
violence against women and their children including those in
the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall
respect the right to privacy of the victim. Whoever publishes
or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or
other identifying information of a victim or an immediate
family member, without the latter's consent, shall be liable
to the contempt power of the court.
Any person who violates this provision shall suffer the
penalty of one (1) year imprisonment and a fine of not more
than Five Hundred Thousand pesos (P500,000.00).
Sec. 45. Funding The amount necessary to implement the
provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated
agencies and LGU's shall be used to implement services for
victim of violence against women and their children.
Sec. 46. Implementing Rules and Regulations. Within six
(6) months from the approval of this Act, the DOJ, the
NCRFW, the DSWD, the DILG, the DOH, and the PNP, and
three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
Sec. 47. Suppletory Application For purposes of this Act,
the Revised Penal Code and other applicable laws, shall have
suppletory application.
Sec. 48. Separability Clause. If any Sec. or provision of this
Act is held unconstitutional or invalid, the other Sec.s or
provisions shall not be affected.
Sec. 49. Repealing Clause All laws, Presidential decrees,

executive orders and rules and regulations, or parts thereof,

inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.
Sec. 50. Effectivity This Act shall take effect fifteen (15)
days from the date of its complete publication in at least two
(2) newspapers of general circulation.
Approved: March 08, 2004