REPUBLIC ACT NO.
9262
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN ACT OF 2004
Violence Against Women and their Children
What is VAWC?
any act or a series of acts which
result in or is likely to result in
physical, sexual, psychological
harm or suffering, or economic
abuse of a woman and her children
and children under her care.
Violence Against Women and their Children
Who may be liable for VAWC?
1. husband
2. ex-husband
3. man or woman with whom complainant has or
had a dating or sexual relationship
4. man with whom complainant has a child
Violence Against Women and their Children
May persons other than husband, ex-
husband, etc. commit VAWC?
Tan vs. Tan, GR No. 168852, 30 Sept. 2008
Sec. 47, R.A. No. 9262; Revised Penal Code have
suppletory application
principles of conspiracy apply
acts of VAWC may be done through another or in
conspiracy with others
Violence Against Women and their Children
Who may be the victim of VAWC?
1. wife
2. former wife
3. woman with whom he had sexual or dating
relationship
4. woman with whom he has common child
5. woman’s child, legitimate or illegitimate, within or
without the family abode
Violence Against Women and their Children
CHILDREN:
below 18 years old
older but incapable to take
care of themselves
Includes biological or adopted
children of the victim and other
children under her care, including
foster children and relatives who live
with her.
Violence Against Women and their Children
presently or formerly married
present or past live-in partner;
present or past dating or sexual
relationship;
Violence Against Women and their Children
What is “sexual relationship”?
a single sexual act which may or may not
result in the bearing of a common child.
Violence Against Women and their Children
What is “dating relationship”?
a situation wherein the parties live together
without marriage OR when they are
romantically involved over time and on a
continuing basis during the course of the
relationship.
Violence Against Women and their Children
Does “romance” imply sexual act?
Ang vs. CA, GR No. 182835, 20 April 2010
“sexual or dating relationship”
the law itself distinguishes a sexual relationship
from a dating relationship
dating relationship can exist even without a sexual
intercourse
Violence Against Women and their Children
“on-and-off” relationship does not negate
romance “over time and on a continuing
basis”
fight-and-kiss between the parties does not
mean that the romantic relation should be
deemed broken up during periods of
misunderstanding
Violence Against Women and their Children
What acts are included in VAWC?
1. Physical
2. Sexual
3. Psychological
4. Economic
5. Other forms of violence such as subjecting woman to
public ridicule or humiliation
Violence Against Women and their Children
PHYSICAL VIOLENCE – acts that
include bodily or physical harm, such
as punching or slapping the woman.
Violence Against Women and their Children
SEXUAL VIOLENCE – includes rape, sexual
harassment, lascivious acts, treating victim
as sex object, forcing her to watch obscene
publications/indecent shows, forcing her to do
indecent acts, forcing wife and mistress to
live in the conjugal home or sleep together in
same room with him.
Violence Against Women and their Children
PSYCHOLOGICAL VIOLENCE – acts or
omissions causing or likely to cause
mental or emotional suffering, such as
stalking or threatening to deprive or
actually depriving the woman of custody
of her child.
Violence Against Women and their Children
ECONOMIC ABUSE – act which makes or
attempts to make the victim financially
dependent on the offender, such as not
allowing her to engage in legitimate work, or
solely controlling conjugal funds or
properties, or taking her income.
Violence Against Women and their Children
PUNISHABLE ACTS:
Public crime may be
-
prosecuted upon the filing of a
complaint by any citizen having
personal knowledge.
Violence Against Women and their Children
a. Causing physical harm to the woman or
her child;
b. Threatening to cause physical harm
c. Attempting to cause physical harm
d. Placing the woman or her child in fear
of imminent physical harm
Violence Against Women and their Children
e. Attempting to compel or compelling to:
engage in conduct which the woman or child
has the right to desist
desist from conduct which she or child has
the right to engage
Violence Against Women and their Children
restriction of movement / prevention /
prohibiting
access to her family
financial support
deprive her child of legalright
engage in any legitimate profession,
occupation, business, activity
controlling victim’s own money / property
Violence Against Women and their Children
f. Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions
Violence Against Women and their Children
g. Causing or attempting to cause the
woman or her child to engage in any
sexual activity
Violence Against Women and their Children
h. Knowing or reckless conduct to cause
emotional and psychological distress
stalking;peering in the window or lingering outside the
residence of woman
entering or remaining in the dwelling or property of the
woman against her will
destroying property and personal belongings or inflicting
harm to animals or pets of woman/ child
any form of harassment or violence
Violence Against Women and their Children
i. Causing mental or emotional anguish,
public ridicule or humiliation
repeated verbal or emotional abuse
denial of financial support or custody of minor
children
denial access to her children
Violence Against Women and their Children
The law is broad in scope but specifies
TWO limiting qualifications for any act to
be considered as a crime of violence
against women:
Violence Against Women and their Children
1. It is committed against a woman or her child and the
woman is the offender’s wife, former wife, or with
whom he has or had sexual or dating relationship or
with whom he has a common child; and
2. It results in or is likely to result in physical, sexual,
psychological harm or suffering or economic abuse.
Violence Against Women and their Children
Elements:
1. The present or past relationship of the
victim and offender;
2. The offender, by himself or through
another, commits one or a series of the
punishable acts.
Violence Against Women and their Children
while it is required that the offender has
or had a sexual or dating relationship with
the offended woman, it is not
indispensable that the act of violence be
a consequence of such relationship.
Violence Against Women and their Children
DABALOS vs. RTC, G.R. No. 193960, 7 January
2013
clearly, the punishable acts refer to all acts of violence
against women with whom the offender has or had a
sexual or dating relationship.
Violence Against Women and their Children
it is immaterial whether the relationship had ceased
for as long as there is sufficient evidence showing the
past or present existence of such relationship between
the offender and the victim when the physical harm
was committed.
Violence Against Women and their Children
VENUE
Family Court
Regional Trial
Court
Violence Against Women and their Children
PRESCRIPTIVE PERIOD
Sections 5(a) to 5(f)
– twenty (20) years
Sections 5(g) to 5(i)
– ten (10) years
Violence Against Women and their Children
Duties of Law Enforcers
Violence Against Women and their Children
1. Respond immediately to call for help or
request for assistance or protection of the
victim
2. Confiscate any deadly weapon in the
possession of the offender or within plain
view
Violence Against Women and their Children
3. Transport or escort victims to a safe place
of their choice or to a clinic or hospital
4. Assist victims in removing personal
belongings from the house
Violence Against Women and their Children
5. Assist barangay officials and other
government officers / employees who
respondent to a call for help
6. Ensure enforcement of protection orders
Violence Against Women and their Children
7. Arrest suspected perpetrator when legally
justified
8. Immediately report the call for assessment
or assistance of the DSWD, Social Worker,
or accredited NGO’s
Violence Against Women and their Children
PROTECTION ORDERS
Violence Against Women and their Children
An order issued for the purpose of
preventing further acts of violence
against the woman / child & granting
necessary reliefs
Violence Against Women and their Children
KINDS:
1. Barangay Protection Order
2. Temporary Protection Order
3. Permanent Protection Order
Violence Against Women and their Children
WHO MAY APPLY OF PROTECTION ORDER:
1. The offended party
2. Parents / guardians of offended party
3. Ascendants, descendants or collateral
relatives within the 4th civil degree of
consanguinity or affinity
Violence Against Women and their Children
4. Social Worker / DSWD
5. Police officers
6. Punong Barangay or Barangay Kagawad
7. Lawyer, counselor, therapist, healthcare
provider
8. At least 2 concerned responsible citizens
Violence Against Women and their Children
Law enforcement agents shall
extend assistance in the
application for protection order
in cases brought to their
attention.
Violence Against Women and their Children
BARANGAY PROTECTION ORDER
Violence Against Women and their Children
BPO is issued ordering the perpetrator to
desist from committing
a. Physical harm to woman/child
b. Threatening to cause woman/child
physical harm
Violence Against Women and their Children
WHO MAY ISSUE
1. Punong Barangay
2. If PB not available, any
available Barangay Kagawad
Violence Against Women and their Children
WHERE TO APPLY FOR BPO
1. Barangay where parties reside
2. Barangay where respondent resides, if
parties reside in different barangays of the
same city or municipality
Violence Against Women and their Children
If parties do not reside in the same
municipalities or cities
Punong Barangay where victim resides
shall assist for filing of protection order in
court
even temporary residence
Violence Against Women and their Children
HOW TO APPLY FOR BPO
- in writing
- signed by the petitioner
- language understood by her
- attested before Punong Barangay
Violence Against Women and their Children
The Punong Barangay /
Kagawad shall conduct an ex-
parte determination of the
application
The ex-parte determination
shall have priority over all
proceedings
The BPO must be issued on
the same day of application
Violence Against Women and their Children
BPO shall be effective for 15 days
BPO is not extendible
If acts complained of persist, another
BPO shall be issued
BPO is free of charge
Violence Against Women and their Children
No one should mediate or conciliate or
influence the victim to abandon or
compromise the relief sought
Mediation or conciliation proceedings
before Lupon not applicable
Violence Against Women and their Children
Immediately after issuance of
BPO, the PB / Kagawad shall
personally serve copy to the
respondent or direct any official to
effect personal service
Violence Against Women and their Children
if respondent refuses to receive, leave copy
in the presence of 2 witnesses
the barangay official serving must issue a
certification setting forth the manner, place &
date of service including reason why same
remains unserved
Violence Against Women and their Children
All BPOs enforceable within the barangay that issued
> furnish PNP-WCPD copy
Issuance of BPO or pendency of application shall not bar
application for TPO or PPO
> BPO not to be issued if TPO or PPO already issued
Violence Against Women and their Children
Record all BPO in a logbook
> confidential
> submit to DILG
> DILG shall submit summary report to the Council
Violence Against Women and their Children
VIOLATION OF BPO
complaint shall be initiated by PB
who issued
filed directly with MTC
imprisonment of 30 days
Violence Against Women and their Children
If official who issued is incapacitated or no
longer in office, to be initiated by any
barangay official
If barangay official refuses to initiate
victim shall have right to initiate
file charges against official
Violence Against Women and their Children
TEMPORARY AND PERMANENT
PROTECTION ORDERS
Violence Against Women and their Children
Where to apply for TPO / PPO
Family Court
In none, RTC or MTC with territorial
jurisdiction of residence of petitioner
Violence Against Women and their Children
Enforceability of TPO / PPO
enforceable anywhere in the Philippines
Violation of TPO / PPO
imprisonment of six (6) months
fine of P5,000.00 to P50,000.00
Violence Against Women and their Children
TEMPORARY PROTECTION ORDER
issued ex-parte on date of filing of application
effective for thirty (30) days
personal service of TPO on respondent
hearing of PPO on or before expiration of
TPO
Violence Against Women and their Children
If due to expire, TPO may be extended or
renewed by the court until final judgment
on the application for PPO is issued.
Violence Against Women and their Children
PERMANENT PROTECTION ORDER
issued only after notice and hearing
non-appearance of respondent despite
proper notice, or lack or non-availability of
his lawyer not ground for postponement of
hearing
Violence Against Women and their Children
a PPO shall be effective until revoked upon
application of the person in whose favor it
was issued.
the court shall not deny issuance of
protection order due to lapse of time between
act of violence and filing of application
Violence Against Women and their Children
PROHIBITED DEFENSE
being under influence of alcohol,
any illegal drug, or any other mind-
altering substance shall not be a
defense
Violence Against Women and their Children
ALL RECORDS of VAWC cases shall be
CONFIDENTIAL
Violators are liable for contempt
One (1) imprisonment and fine of not
more than P500,000.00
Violence Against Women and their Children
To maintain the confidentiality of
information in cases involving VAWC and
Child Abuse, the Supreme Court has
decided to withhold the real names of
victims and shall use fictitious initials to
represent them. (People vs. Cabalquinto, GR No.
167693, 19 Sept. 2006)
v ery m u ch .
T h an k y o u
