Republic Act No. 9262 March 08, 2004 child.

It includes, but is not limited

to:
AN ACT DEFINING VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN, PROVIDING FOR a) rape, sexual
PROTECTIVE MEASURES FOR VICTIMS, harassment, acts of
PRESCRIBING PENALTIES THEREFORE, AND lasciviousness, treating a
FOR OTHER PURPOSES woman or her child as a
sex object, making
Be it enacted by the Senate and House of demeaning and sexually
Representatives of the Philippines in Congress suggestive remarks,
assembled: physically attacking the
sexual parts of the victim's
body, forcing her/him to
SECTION 1. Short Title.- This Act shall be known as watch obscene
the "Anti-Violence Against Women and Their Children publications and indecent
Act of 2004". shows or forcing the
woman or her child to do
SECTION 2. Declaration of Policy.- It is hereby indecent acts and/or make
declared that the State values the dignity of women films thereof, forcing the
and children and guarantees full respect for human wife and mistress/lover to
rights. The State also recognizes the need to protect live in the conjugal home
the family and its members particularly women and or sleep together in the
children, from violence and threats to their personal same room with the
safety and security. abuser;

Towards this end, the State shall exert efforts to b) acts causing or
address violence committed against women and attempting to cause the
children in keeping with the fundamental freedoms victim to engage in any
guaranteed under the Constitution and the Provisions sexual activity by force,
of the Universal Declaration of Human Rights, the threat of force, physical or
convention on the Elimination of all forms of other harm or threat of
discrimination Against Women, Convention on the physical or other harm or
Rights of the Child and other international human coercion;
rights instruments of which the Philippines is a party.
c) Prostituting the woman
SECTION 3. Definition of Terms.- As used in this Act, or child.

(a) "Violence against women and their C. "Psychological violence" refers to

children" refers to any act or a series of acts acts or omissions causing or likely
committed by any person against a woman to cause mental or emotional
who is his wife, former wife, or against a suffering of the victim such as but
woman with whom the person has or had a not limited to intimidation,
sexual or dating relationship, or with whom harassment, stalking, damage to
he has a common child, or against her child property, public ridicule or
whether legitimate or illegitimate, within or humiliation, repeated verbal abuse
without the family abode, which result in or is and mental infidelity. It includes
likely to result in physical, sexual, causing or allowing the victim to
psychological harm or suffering, or economic witness the physical, sexual or
abuse including threats of such acts, battery, psychological abuse of a member
assault, coercion, harassment or arbitrary of the family to which the victim
deprivation of liberty. It includes, but is not belongs, or to witness pornography
limited to, the following acts: in any form or to witness abusive
injury to pets or to unlawful or
A. "Physical Violence" refers to acts unwanted deprivation of the right to
that include bodily or physical harm; custody and/or visitation of common
children.

B. "Sexual violence" refers to an act

which is sexual in nature, D. "Economic abuse" refers to acts
committed against a woman or her that make or attempt to make a
woman financially dependent which
 includes, but is not limited to the individuals in a business or social context is
following: not a dating relationship.

1. withdrawal of financial (f) "Sexual relations" refers to a single sexual

support or preventing the act which may or may not result in the
victim from engaging in bearing of a common child.
any legitimate profession,
occupation, business or (g) "Safe place or shelter" refers to any home
activity, except in cases or institution maintained or managed by the
wherein the other Department of Social Welfare and
spouse/partner objects on Development (DSWD) or by any other
valid, serious and moral agency or voluntary organization accredited
grounds as defined in by the DSWD for the purposes of this Act or
Article 73 of the Family any other suitable place the resident of
Code; which is willing temporarily to receive the
victim.
2. deprivation or threat of
deprivation of financial (h) "Children" refers to those below eighteen
resources and the right to (18) years of age or older but are incapable
the use and enjoyment of of taking care of themselves as defined
the conjugal, community or under Republic Act No. 7610. As used in this
property owned in Act, it includes the biological children of the
common; victim and other children under her care.

3. destroying household SECTION 4. Construction.- This Act shall be liberally

property; construed to promote the protection and safety of
victims of violence against women and their children.
4. controlling the victims'
own money or properties SECTION 5. Acts of Violence Against Women and
or solely controlling the Their Children.- The crime of violence against women
conjugal money or and their children is committed through any of the
properties. following acts:

(b) "Battery" refers to an act of inflicting (a) Causing physical harm to the woman or
physical harm upon the woman or her child her child;
resulting to the physical and psychological or
emotional distress.
(b) Threatening to cause the woman or her
child physical harm;
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern of psychological
and behavioral symptoms found in women (c) Attempting to cause the woman or her
living in battering relationships as a result of child physical harm;
cumulative abuse.
(d) Placing the woman or her child in fear of
(d) "Stalking" refers to an intentional act imminent physical harm;
committed by a person who, knowingly and
without lawful justification follows the woman (e) Attempting to compel or compelling the
or her child or places the woman or her child woman or her child to engage in conduct
under surveillance directly or indirectly or a which the woman or her child has the right to
combination thereof. desist from or desist from conduct which the
woman or her child has the right to engage
(e) "Dating relationship" refers to a situation in, or attempting to restrict or restricting the
wherein the parties live as husband and wife woman's or her child's freedom of movement
without the benefit of marriage or are or conduct by force or threat of force,
romantically involved over time and on a physical or other harm or threat of physical
continuing basis during the course of the or other harm, or intimidation directed
relationship. A casual acquaintance or against the woman or child. This shall
ordinary socialization between two include, but not limited to, the following acts
committed with the purpose or effect of
controlling or restricting the woman's or her (4) Destroying the property and
child's movement or conduct: personal belongings or inflicting
harm to animals or pets of the
(1) Threatening to deprive or woman or her child; and
actually depriving the woman or her
child of custody to her/his family; (5) Engaging in any form of
harassment or violence;
(2) Depriving or threatening to
deprive the woman or her children (i) Causing mental or emotional anguish,
of financial support legally due her public ridicule or humiliation to the woman or
or her family, or deliberately her child, including, but not limited to,
providing the woman's children repeated verbal and emotional abuse, and
insufficient financial support; denial of financial support or custody of
minor children of access to the woman's
(3) Depriving or threatening to child/children.
deprive the woman or her child of a
legal right; SECTION 6. Penalties.- The crime of violence against
women and their children, under Section 5 hereof
(4) Preventing the woman in shall be punished according to the following rules:
engaging in any legitimate
profession, occupation, business or (a) Acts falling under Section 5(a)
activity or controlling the victim's constituting attempted, frustrated or
own mon4ey or properties, or solely consummated parricide or murder or
controlling the conjugal or common homicide shall be punished in accordance
money, or properties; with the provisions of the Revised Penal
Code.
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of If these acts resulted in mutilation, it shall be
controlling her actions or decisions; punishable in accordance with the Revised
Penal Code; those constituting serious
(g) Causing or attempting to cause the physical injuries shall have the penalty of
woman or her child to engage in any sexual prison mayor; those constituting less serious
activity which does not constitute rape, by physical injuries shall be punished by prision
force or threat of force, physical harm, or correccional; and those constituting slight
through intimidation directed against the physical injuries shall be punished by arresto
woman or her child or her/his immediate mayor.
family;
Acts falling under Section 5(b) shall be
(h) Engaging in purposeful, knowing, or punished by imprisonment of two degrees
reckless conduct, personally or through lower than the prescribed penalty for the
another, that alarms or causes substantial consummated crime as specified in the
emotional or psychological distress to the preceding paragraph but shall in no case be
woman or her child. This shall include, but lower than arresto mayor.
not be limited to, the following acts:
(b) Acts falling under Section 5(c) and 5(d)
(1) Stalking or following the woman shall be punished by arresto mayor;
or her child in public or private
places; (c) Acts falling under Section 5(e) shall be
punished by prision correccional;
(2) Peering in the window or
lingering outside the residence of (d) Acts falling under Section 5(f) shall be
the woman or her child; punished by arresto mayor;

(3) Entering or remaining in the (e) Acts falling under Section 5(g) shall be
dwelling or on the property of the punished by prision mayor;
woman or her child against her/his
will;
 (f) Acts falling under Section 5(h) and protecting the petitioner, or permanently
Section 5(i) shall be punished by prision where no property rights are violated, and if
mayor. respondent must remove personal effects
from the residence, the court shall direct a
If the acts are committed while the woman or law enforcement agent to accompany the
child is pregnant or committed in the respondent has gathered his things and
presence of her child, the penalty to be escort respondent from the residence;
applied shall be the maximum period of
penalty prescribed in the section. (d) Directing the respondent to stay away
from petitioner and designated family or
In addition to imprisonment, the perpetrator household member at a distance specified
shall (a) pay a fine in the amount of not less by the court, and to stay away from the
than One hundred thousand pesos residence, school, place of employment, or
(P100,000.00) but not more than three any specified place frequented by the
hundred thousand pesos (300,000.00); (b) petitioner and any designated family or
undergo mandatory psychological household member;
counseling or psychiatric treatment and shall
report compliance to the court. (e) Directing lawful possession and use by
petitioner of an automobile and other
SECTION 7. Venue.- The Regional Trial Court essential personal effects, regardless of
designated as a Family Court shall have original and ownership, and directing the appropriate law
exclusive jurisdiction over cases of violence against enforcement officer to accompany the
women and their children under this law. In the petitioner to the residence of the parties to
absence of such court in the place where the offense ensure that the petitioner is safely restored
was committed, the case shall be filed in the Regional to the possession of the automobile and
Trial Court where the crime or any of its elements was other essential personal effects, or to
committed at the option of the compliant. supervise the petitioner's or respondent's
removal of personal belongings;
SECTION 8. Protection Orders.- A protection order is
an order issued under this act for the purpose of (f) Granting a temporary or permanent
preventing further acts of violence against a woman custody of a child/children to the petitioner;
or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted (g) Directing the respondent to provide
under a protection order serve the purpose of support to the woman and/or her child if
safeguarding the victim from further harm, minimizing entitled to legal support. Notwithstanding
any disruption in the victim's daily life, and facilitating other laws to the contrary, the court shall
the opportunity and ability of the victim to order an appropriate percentage of the
independently regain control over her life. The income or salary of the respondent to be
provisions of the protection order shall be enforced by withheld regularly by the respondent's
law enforcement agencies. The protection orders that employer for the same to be automatically
may be issued under this Act are the barangay remitted directly to the woman. Failure to
protection order (BPO), temporary protection order remit and/or withhold or any delay in the
(TPO) and permanent protection order (PPO). The remittance of support to the woman and/or
protection orders that may be issued under this Act her child without justifiable cause shall
shall include any, some or all of the following reliefs: render the respondent or his employer liable
for indirect contempt of court;
(a) Prohibition of the respondent from
threatening to commit or committing, (h) Prohibition of the respondent from any
personally or through another, any of the use or possession of any firearm or deadly
acts mentioned in Section 5 of this Act; weapon and order him to surrender the
same to the court for appropriate disposition
(b) Prohibition of the respondent from by the court, including revocation of license
harassing, annoying, telephoning, contacting and disqualification to apply for any license
or otherwise communicating with the to use or possess a firearm. If the offender is
petitioner, directly or indirectly; a law enforcement agent, the court shall
order the offender to surrender his firearm
and shall direct the appropriate authority to
(c) Removal and exclusion of the respondent investigate on the offender and take
from the residence of the petitioner, appropriate action on matter;
regardless of ownership of the residence,
either temporarily for the purpose of
 (i) Restitution for actual damages caused by SECTION 10. Where to Apply for a Protection Order.
the violence inflicted, including, but not – Applications for BPOs shall follow the rules on
limited to, property damage, medical venue under Section 409 of the Local Government
expenses, childcare expenses and loss of Code of 1991 and its implementing rules and
income; regulations. An application for a TPO or PPO may be
filed in the regional trial court, metropolitan trial court,
(j) Directing the DSWD or any appropriate municipal trial court, municipal circuit trial court with
agency to provide petitioner may need; and 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
(k) Provision of such other forms of relief as application shall be filed with that court.
the court deems necessary to protect and
provide for the safety of the petitioner and
any designated family or household member, SECTION 11. How to Apply for a Protection Order. –
provided petitioner and any designated The application for a protection order must be in
family or household member consents to writing, signed and verified under oath by the
such relief. 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
Any of the reliefs provided under this section as described in this Act. A standard protection order
shall be granted even in the absence of a application form, written in English with translation to
decree of legal separation or annulment or the major local languages, shall be made available to
declaration of absolute nullity of marriage. facilitate applications for protections order, and shall
contain, among other, the following information:
The issuance of a BPO or the pendency of
an application for BPO shall not preclude a (a) names and addresses of petitioner and
petitioner from applying for, or the court from respondent;
granting a TPO or PPO.
(b) description of relationships between
SECTION 9. Who may file Petition for Protection petitioner and respondent;
Orders. – A petition for protection order may be filed
by any of the following:
(c) a statement of the circumstances of the
abuse;
(a) the offended party;
(d) description of the reliefs requested by
(b) parents or guardians of the offended petitioner as specified in Section 8 herein;
party;
(e) request for counsel and reasons for such;
(c) ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity; (f) request for waiver of application fees until
hearing; and
(d) officers or social workers of the DSWD or
social workers of local government units (g) an attestation that there is no pending
(LGUs); application for a protection order in another
court.
(e) police officers, preferably those in charge
of women and children's desks; 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
(f) Punong Barangay or Barangay Kagawad; suffered by the victim and (b) the circumstances of
consent given by the victim for the filling of the
(g) lawyer, counselor, therapist or healthcare application. When disclosure of the address of the
provider of the petitioner; victim will pose danger to her life, it shall be so stated
in the application. In such a case, the applicant shall
(h) At least two (2) concerned responsible attest that the victim is residing in the municipality or
citizens of the city or municipality where the city over which court has territorial jurisdiction, and
violence against women and their children shall provide a mailing address for purpose of service
occurred and who has personal knowledge processing.
of the offense committed.
An application for protection order filed with a court The parties may be accompanied by a non-lawyer
shall be considered an application for both a TPO and advocate in any proceeding before the Punong
PPO. Barangay.

Barangay officials and court personnel shall assist SECTION 15. Temporary Protection Orders. –
applicants in the preparation of the application. Law Temporary Protection Orders (TPOs) refers to the
enforcement agents shall also extend assistance in protection order issued by the court on the date of
the application for protection orders in cases brought filing of the application after ex parte determination
to their attention. that such order should be issued. A court may grant in
a TPO any, some or all of the reliefs mentioned in this
SECTION 12. Enforceability of Protection Orders. – Act and shall be effective for thirty (30) days. The
All TPOs and PPOs issued under this Act shall be court shall schedule a hearing on the issuance of a
enforceable anywhere in the Philippines and a PPO prior to or on the date of the expiration of the
violation thereof shall be punishable with a fine TPO. The court shall order the immediate personal
ranging from Five Thousand Pesos (P5,000.00) to service of the TPO on the respondent by the court
Fifty Thousand Pesos (P50,000.00) and/or sheriff who may obtain the assistance of law
imprisonment of six (6) months. 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.
SECTION 13. Legal Representation of Petitioners for
Protection Order. – If the woman or her child requests
in the applications for a protection order for the SECTION 16. Permanent Protection Orders. –
appointment of counsel because of lack of economic Permanent Protection Order (PPO) refers to
means to hire a counsel de parte, the court shall protection order issued by the court after notice and
immediately direct the Public Attorney's Office (PAO) hearing.
to represent the petitioner in the hearing on the
application. If the PAO determines that the applicant Respondents non-appearance despite proper notice,
can afford to hire the services of a counsel de parte, it or his lack of a lawyer, or the non-availability of his
shall facilitate the legal representation of the petitioner lawyer shall not be a ground for rescheduling or
by a counsel de parte. The lack of access to family or postponing the hearing on the merits of the issuance
conjugal resources by the applicant, such as when of a PPO. If the respondents appears without counsel
the same are controlled by the perpetrator, shall on the date of the hearing on the PPO, the court shall
qualify the petitioner to legal representation by the appoint a lawyer for the respondent and immediately
PAO. proceed with the hearing. In case the respondent fails
to appear despite proper notice, the court shall allow
However, a private counsel offering free legal service ex parte presentation of the evidence by the applicant
is not barred from representing the petitioner. 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
SECTION 14. Barangay Protection Orders (BPOs); the same was not directed against the applicant or the
Who May Issue and How. - Barangay Protection person for whom the applicant is made.
Orders (BPOs) refer to the protection order issued by
the Punong Barangay ordering the perpetrator to
desist from committing acts under Section 5 (a) and The court shall, to the extent possible, conduct the
(b) of this Act. A Punong Barangay who receives hearing on the merits of the issuance of a PPO in one
applications for a BPO shall issue the protection order (1) day. Where the court is unable to conduct the
to the applicant on the date of filing after ex hearing within one (1) day and the TPO issued is due
parte determination of the basis of the application. If to expire, the court shall continuously extend or renew
the Punong Barangay is unavailable to act on the the TPO for a period of thirty (30) days at each
application for a BPO, the application shall be acted particular time until final judgment is issued. The
upon by any available Barangay Kagawad. If the BPO extended or renewed TPO may be modified by the
is issued by a Barangay Kagawad the order must be court as may be necessary or applicable to address
accompanied by an attestation by the Barangay the needs of the applicant.
Kagawad that the Punong Barangay was unavailable
at the time for the issuance of the BPO. BPOs shall The court may grant any, some or all of the reliefs
be effective for fifteen (15) days. Immediately after the specified in Section 8 hereof in a PPO. A PPO shall
issuance of an ex parte BPO, the Punong Barangay be effective until revoked by a court upon application
or Barangay Kagawad shall personally serve a copy of the person in whose favor the order was issued.
of the same on the respondent, or direct any The court shall ensure immediate personal service of
barangay official to effect is personal service. the PPO on respondent.
The court shall not deny the issuance of protection protection order as it deems necessary without need
order on the basis of the lapse of time between the of an application.
act of violence and the filing of the application.
Violation of any provision of a TPO or PPO issued
Regardless of the conviction or acquittal of the under this Act shall constitute contempt of court
respondent, the Court must determine whether or not punishable under Rule 71 of the Rules of Court,
the PPO shall become final. Even in a dismissal, a without prejudice to any other criminal or civil action
PPO shall be granted as long as there is no clear that the offended party may file for any of the acts
showing that the act from which the order might arise committed.
did not exist.
SECTION 22. Applicability of Protection Orders to
SECTION 17. Notice of Sanction in Protection Orders. Criminal Cases. – The foregoing provisions on
– The following statement must be printed in bold- protection orders shall be applicable in impliedly
faced type or in capital letters on the protection order instituted with the criminal actions involving violence
issued by the Punong Barangay or court: against women and their children.

"VIOLATION OF THIS ORDER IS PUNISHABLE BY SECTION 23. Bond to Keep the Peace. – The Court
LAW." may order any person against whom a protection
order is issued to give a bond to keep the peace, to
SECTION 18. Mandatory Period For Acting on present two sufficient sureties who shall undertake
Applications For Protection Orders – Failure to act on that such person will not commit the violence sought
an application for a protection order within the to be prevented.
reglementary period specified in the previous section
without justifiable cause shall render the official or Should the respondent fail to give the bond as
judge administratively liable. required, he shall be detained for a period which shall
in no case exceed six (6) months, if he shall have
SECTION 19. Legal Separation Cases. – In cases of been prosecuted for acts punishable under Section
legal separation, where violence as specified in this 5(a) to 5(f) and not exceeding thirty (30) days, if for
Act is alleged, Article 58 of the Family Code shall not acts punishable under Section 5(g) to 5(I).
apply. The court shall proceed on the main case and
other incidents of the case as soon as possible. The The protection orders referred to in this section are
hearing on any application for a protection order filed the TPOs and the PPOs issued only by the courts.
by the petitioner must be conducted within the
mandatory period specified in this Act. SECTION 24. Prescriptive Period. – Acts falling under
Sections 5(a) to 5(f) shall prescribe in twenty (20)
SECTION 20. Priority of Application for a Protection years. Acts falling under Sections 5(g) to 5(I) shall
Order. – Ex parte and adversarial hearings to prescribe in ten (10) years.
determine the basis of applications for a protection
order under this Act shall have priority over all other SECTION 25. Public Crime. – Violence against
proceedings. Barangay officials and the courts shall women and their children shall be considered a public
schedule and conduct hearings on applications for a offense which may be prosecuted upon the filing of a
protection order under this Act above all other complaint by any citizen having personal knowledge
business and, if necessary, suspend other of the circumstances involving the commission of the
proceedings in order to hear applications for a crime.
protection order.
SECTION 26. Battered Woman Syndrome as a
SECTION 21. Violation of Protection Orders. – A Defense. – Victim-survivors who are found by the
complaint for a violation of a BPO issued under this courts to be suffering from battered woman syndrome
Act must be filed directly with any municipal trial court, do not incur any criminal and civil liability
metropolitan trial court, or municipal circuit trial court notwithstanding the absence of any of the elements
that has territorial jurisdiction over the barangay that for justifying circumstances of self-defense under the
issued the BPO. Violation of a BPO shall be Revised Penal Code.
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. 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
A judgement of violation of a BPO ma be appealed shall be assisted by expert psychiatrists/
according to the Rules of Court. During trial and upon psychologists.
judgment, the trial court may motu proprio issue a
SECTION 27. Prohibited Defense. – Being under the (g) arrest the suspected perpetrator wiithout
influence of alcohol, any illicit drug, or any other mind- a warrant when any of the acts of violence
altering substance shall not be a defense under this defined by this Act is occurring, or when
Act. he/she has personal knowledge that any act
of abuse has just been committed, and there
SECTION 28. Custody of children. – The woman is imminent danger to the life or limb of the
victim of violence shall be entitled to the custody and victim as defined in this Act; and
support of her child/children. Children below seven (7)
years old older but with mental or physical disabilities (h) immediately report the call for
shall automatically be given to the mother, with right assessment or assistance of the DSWD,
to support, unless the court finds compelling reasons social Welfare Department of LGUs or
to order otherwise. accredited non-government organizations
(NGOs).
A victim who is suffering from battered woman
syndrome shall not be disqualified from having Any barangay official or law enforcer who fails to
custody of her children. In no case shall custody of report the incident shall be liable for a fine not
minor children be given to the perpetrator of a woman exceeding Ten Thousand Pesos (P10,000.00) or
who is suffering from Battered woman syndrome. whenever applicable criminal, civil or administrative
liability.
SECTION 29. Duties of Prosecutors/Court Personnel.
– Prosecutors and court personnel should observe SECTION 31. Healthcare Provider Response to
the following duties when dealing with victims under Abuse – Any healthcare provider, including, but not
this Act: limited to, an attending physician, nurse, clinician,
barangay health worker, therapist or counselor who
a) communicate with the victim in a language suspects abuse or has been informed by the victim of
understood by the woman or her child; and violence shall:

b) inform the victim of her/his rights including (a) properly document any of the victim's
legal remedies available and procedure, and physical, emotional or psychological injuries;
privileges for indigent litigants.
(b) properly record any of victim's suspicions,
SECTION 30. Duties of Barangay Officials and Law observations and circumstances of the
Enforcers. – Barangay officials and law enforcers examination or visit;
shall have the following duties:
(c) automatically provide the victim free of
(a) respond immediately to a call for help or charge a medical certificate concerning the
request for assistance or protection of the examination or visit;
victim by entering the necessary whether or
not a protection order has been issued and (d) safeguard the records and make them
ensure the safety of the victim/s; available to the victim upon request at actual
cost; and
(b) confiscate any deadly weapon in the
possession of the perpetrator or within plain (e) provide the victim immediate and
view; adequate notice of rights and remedies
provided under this Act, and services
(c) transport or escort the victim/s to a safe available to them.
place of their choice or to a clinic or hospital;
SECTION 32. Duties of Other Government Agencies
(d) assist the victim in removing personal and LGUs – Other government agencies and LGUs
belongs from the house; shall establish programs such as, but not limited to,
education and information campaign and seminars or
symposia on the nature, causes, incidence and
(e) assist the barangay officials and other consequences of such violence particularly towards
government officers and employees who educating the public on its social impacts.
respond to a call for help;
It shall be the duty of the concerned government
(f) ensure the enforcement of the Protection agencies and LGU's to ensure the sustained
Orders issued by the Punong Barangy or the education and training of their officers and personnel
courts;
on the prevention of violence against women and their SECTION 38. Exemption from Payment of Docket
children under the Act. Fee and Other Expenses. – If the victim is an indigent
or there is an immediate necessity due to imminent
SECTION 33. Prohibited Acts. – A Punong Barangay, danger or threat of danger to act on an application for
Barangay Kagawad or the court hearing an a protection order, the court shall accept the
application for a protection order shall not order, application without payment of the filing fee and other
direct, force or in any way unduly influence he fees and of transcript of stenographic notes.
applicant for a protection order to compromise or
abandon any of the reliefs sought in the application SECTION 39. Inter-Agency Council on Violence
for protection under this Act. Section 7 of the Family Against Women and Their Children (IAC-VAWC). In
Courts Act of 1997 and Sections 410, 411, 412 and pursuance of the abovementioned policy, there is
413 of the Local Government Code of 1991 shall not hereby established an Inter-Agency Council on
apply in proceedings where relief is sought under this Violence Against Women and their children,
Act. hereinafter known as the Council, which shall be
composed of the following agencies:
Failure to comply with this Section shall render the
official or judge administratively liable. (a) Department of Social Welfare and
Development (DSWD);
SECTION 34. Persons Intervening Exempt from
Liability. – In every case of violence against women (b) National Commission on the Role of
and their children as herein defined, any person, Filipino Women (NCRFW);
private individual or police authority or barangay
official who, acting in accordance with law, responds (c) Civil Service Commission (CSC);
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 (d) Commission on Human rights (CHR)
administrative liability resulting therefrom.
(e) Council for the Welfare of Children
SECTION 35. Rights of Victims. – In addition to their (CWC);
rights under existing laws, victims of violence against
women and their children shall have the following (f) Department of Justice (DOJ);
rights:
(g) Department of the Interior and Local
(a) to be treated with respect and dignity; Government (DILG);

(b) to avail of legal assistance form the PAO (h) Philippine National Police (PNP);
of the Department of Justice (DOJ) or any
public legal assistance office; (i) Department of Health (DOH);

(c) To be entitled to support services form (j) Department of Education (DepEd);

the DSWD and LGUs'

(k) Department of Labor and Employment

(d) To be entitled to all legal remedies and (DOLE); and
support as provided for under the Family
Code; and
(l) National Bureau of Investigation (NBI).
(e) To be informed of their rights and the
services available to them including their These agencies are tasked to formulate programs
right to apply for a protection order. and projects to eliminate VAW based on their
mandates as well as develop capability programs for
their employees to become more sensitive to the
SECTION 36. Damages. – Any victim of violence
needs of their clients. The Council will also serve as
under this Act shall be entitled to actual, the monitoring body as regards to VAW initiatives.
compensatory, moral and exemplary damages.

The Council members may designate their duly

SECTION 37. Hold Departure Order. – The court shall
authorized representative who shall have a rank not
expedite the process of issuance of a hold departure lower than an assistant secretary or its equivalent.
order in cases prosecuted under this Act. These representatives shall attend Council meetings
in their behalf, and shall receive emoluments as may
be determined by the Council in accordance with Any employer who shall prejudice the right of the
existing budget and accounting rules and regulations. person under this section shall be penalized in
accordance with the provisions of the Labor Code and
SECTION 40. Mandatory Programs and Services for Civil Service Rules and Regulations. Likewise, an
Victims. – The DSWD, and LGU's shall provide the employer who shall prejudice any person for assisting
victims temporary shelters, provide counseling, a co-employee who is a victim under this Act shall
psycho-social services and /or, recovery, likewise be liable for discrimination.
rehabilitation programs and livelihood assistance.
SECTION 44. Confidentiality. – All records pertaining
The DOH shall provide medical assistance to victims. 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
SECTION 41. Counseling and Treatment of private clinics to hospitals shall respect the right to
Offenders. – The DSWD shall provide rehabilitative privacy of the victim. Whoever publishes or causes to
counseling and treatment to perpetrators towards be published, in any format, the name, address,
learning constructive ways of coping with anger and telephone number, school, business address,
emotional outbursts and reforming their ways. When employer, or other identifying information of a victim
necessary, the offender shall be ordered by the Court or an immediate family member, without the latter's
to submit to psychiatric treatment or confinement. consent, shall be liable to the contempt power of the
court.
SECTION 42. Training of Persons Involved in
Responding to Violence Against Women and their Any person who violates this provision shall suffer the
Children Cases. – All agencies involved in responding penalty of one (1) year imprisonment and a fine of not
to violence against women and their children cases more than Five Hundred Thousand pesos
shall be required to undergo education and training to (P500,000.00).
acquaint them with:
SECTION 45. Funding – The amount necessary to
a. the nature, extend and causes of violence implement the provisions of this Act shall be included
against women and their children; in the annual General Appropriations Act (GAA).

b. the legal rights of, and remedies available The Gender and Development (GAD) Budget of the
to, victims of violence against women and mandated agencies and LGU's shall be used to
their children; implement services for victim of violence against
women and their children.
c. the services and facilities available to
victims or survivors; SECTION 46. Implementing Rules and Regulations. –
Within six (6) months from the approval of this Act,
d. the legal duties imposed on police officers the DOJ, the NCRFW, the DSWD, the DILG, the
to make arrest and to offer protection and DOH, and the PNP, and three (3) representatives
assistance; and from NGOs to be identified by the NCRFW, shall
promulgate the Implementing Rules and Regulations
e. techniques for handling incidents of (IRR) of this Act.
violence against women and their children
that minimize the likelihood of injury to the SECTION 47. Suppletory Application – For purposes
officer and promote the safety of the victim of this Act, the Revised Penal Code and other
or survivor. applicable laws, shall have suppletory application.

The PNP, in coordination with LGU's shall establish SECTION 48. Separability Clause. – If any section or
an education and training program for police officers provision of this Act is held unconstitutional or invalid,
and barangay officials to enable them to properly the other sections or provisions shall not be affected.
handle cases of violence against women and their
children. SECTION 49. Repealing Clause – All laws,
Presidential decrees, executive orders and rules and
SECTION 43. Entitled to Leave. – Victims under this regulations, or parts thereof, inconsistent with the
Act shall be entitled to take a paid leave of absence provisions of this Act are hereby repealed or modified
up to ten (10) days in addition to other paid leaves accordingly.
under the Labor Code and Civil Service Rules and
Regulations, extendible when the necessity arises as SECTION 50. Effectivity – This Act shall take effect
specified in the protection order. fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general
circulation.