RA 9262:
The Anti-Violence
Against Women and
their Children Act of
2004
Learning
Objectives
Discuss the
important Understand Determined
provisions of the details of actual cases
VAWC Act or its involving the
RA 9262 commission said law.
What is RA9262 or the Anti-Violence
Against Women and Their Children Act of
2004?
It is a law that seeks to address the
prevalence of violence against women and
their children (VAWC) by their intimate
partners.
What is Violence Against
Women and Their Children
under RA 9262?
It refers to any act or a series of acts committed
by an intimate partner against a woman;
• who is his wife/former wife
• a person has or had a sexual or dating
relationship
• has a common child
• against her child (legitimate or illegitimate)
What are the acts of
violence which are
covered under R.A.
9262?
Physical Violence – acts that include
bodily or physical harm (battery).
• threatening or attempting to cause physical
harm to the woman or her child.
Sexual Violence – the acts which are
sexual in nature committed against a
woman
• rape or her child.
• forcing them to watch
• sexual sexual videos
harassment • causing or attempting to
• acts of make the woman or her
lasciviousness child to perform sexual
Psychological Violence – acts or omissions
causing or likely to cause mental or
emotional suffering of the victim.
• threatening for custody
• stalking
• public ridicule or humiliation
• destroying property
• infecting harm to animals
Economic Abuse – acts that make or
attempt to make a woman financially
dependent upon her abuser.
Dating Sexual
Children relationship relations
“Children” refers It is a situation
to those below wherein the parties It refers to a
eighteen (18) live as husband single sexual act
years of age or and wife without which may or
the benefit of may not result in
older but are
marriage or are the bearing of a
incapable of
romantically common child.
taking care of involved over time
themselves as and on a continuing
defined under basis during the
Republic Act No. course of the
7610. relationship
“BATTERED WOMAN
SYNDROME”
• It refers to a scientifically defined
pattern of psychological and
behavioral symptoms found in
battered women as a result of a
long history of abuse.
• Any victim who suffers from BWS
should be diagnosed by a
Psychiatric expert or a clinical
psychologist.
WHO ARE THE
PERSONS
PROTECTED
• Wife /Former Wife
BY R.A.
• woman with whom the offender has
9262?
or had sexual relations with
• woman with whom the offender has
a common child with
• the legitimate or illegitimate child of
the woman within or without the
family abode
IS VAWC COMMITTED
BY MEN ALONE?
Women can also be liable under the
law. These are the lesbian
partners/girlfriends or former partners
of the victim with whom she has or had
a sexual or dating relationship.
WHAT CAN WOMEN
AND CHILDREN DO
UNDER R.A. 9262?
Under the law, the offended party may
file a criminal action, or apply for a
Protection Order either as an
independent action or as an incident in
civil or criminal action and other
remedies.
WHO MAY FILE A
COMPLAINT UNDER
R.A. 9262?
Any citizen having personal
knowledge of the circumstances
involving the commission of the
crime may file a complaint because
violence against women and their
children is considered a PUBLIC
crime.
WHERE SHOULD
CASES FOR VAWC BE
FILED?
Cases may be filed in the Regional
Trial Court designated as FAMILY
COURT of the place where the crime
was committed. These courts have
original and exclusive jurisdiction
over these cases
WHAT ARE THE
PENALTIES FOR
COMMITTING VAWC?
Offenders proven in court to be guilty
of the crime shall be penalized with:
imprisonment ranging from 1 month
and 1 day to 20 years payment of
P100,000 to P300,000 in damages
mandatory psychological counseling or
psychiatric treatment.
What is the
prescriptive
period for a
complainant to
file a complaint?
The criminal complaint may be filed
within twenty (20) years from the
occurrence or commission for the
following acts:
• Threatening, Attempting to
cause the woman or her child
physical harm
• Placing the woman or her child
in fear of imminent physical
harm
Restricting Freedom through Force or
Intimidation
Acts intended to control or limit a woman or
her child’s behavior or movement, including:
• Forcing them to do something they have the
right not to do
• Preventing them from doing something they
have the right to do
• Using threats, harm, or intimidation to
control their actions or movements
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:
Includes actions intended to manipulate or
dominate a woman or her child, such as:
• Threatening or denying custody/access to
family
• Withholding or threatening to withhold
financial support
• Denying legal rights or access to legal
entitlements
• Preventing or restricting employment or
livelihood
• Threatening self-harm to control decisions or
behavior
• These acts aim to limit autonomy and exert
control.
Criminal Complaint (Filed Within 10 Years)
For acts such as:
• Forcing or attempting to force a woman
or her child into sexual activity (not
amounting to rape)
• Using threats, physical harm, or
intimidation against them or their
immediate family
• 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:
⚬ Stalking or following in public/private places
⚬ Peering into windows or loitering outside
residence
⚬ Unlawfully entering or staying in the
home/property
⚬ Destroying property or harming pets
⚬ Engaging in harassment or any form of
violence
Emotional and Psychological Abuse
Acts causing mental or emotional harm, such
as:
• Repeated verbal and emotional abuse
• Public ridicule or humiliation
• Denial of financial support
• Denial of custody or access to children
What is a
protection order?
An order issued under this
act for the purpose of
preventing further acts of
violence against women or
her child.
What are the
various kinds of
protection orders?
• Barangay Protection
Orders (BPO)
• Temporary Protection
Orders (TPO)
• Permanent Protection
Order (PPO)
Where can I apply
for a protection
order?
Where to File Protection Orders
• TPO/PPO: File at the appropriate
Regional Trial Court, Family Court, or
Municipal Court where the petitioner
resides
• Barangay Protection Order (BPO):
File at the Barangay where the
applicant lives or as per Section 409
of the Local Government Code
(1991)
Who May File a Petition for Protection
Order:
• The offended party
• Parents or guardians
• Relatives up to the 4th civil degree (by
blood or marriage)
• DSWD officers or LGU social workers
Others Who May File a Petition for
Protection Order
• Police officers (preferably from
Women & Children’s Desk)
• Punong Barangay or Barangay
Kagawad
• Petitioner’s lawyer, counselor,
therapist, or healthcare
provider
• At least two responsible
citizens with personal
knowledge of the abuse
How can I apply
for a protection
order?
Protection Order Application
Requirements
• Must be written, signed, and
verified under oath
• Use the standard form (in English
with local language translations)
• Form must include required
personal and case details
Contents of Protection Order
Application
• Names and addresses of both
petitioner and respondent
• Description of their relationship
• Statement detailing the abuse
• Description of requested reliefs
• Request for legal counsel (with
reasons)
• Request for waiver of application
fees until hearing
• Attestation that no similar case is
pending in another court
What can the
woman do if the
barangay official
failed or refused
to issue the BPO
within 24 hours
from
application?
Available Actions for the Woman
• File an administrative complaint against
the barangay official for neglect of duty
• Report the perpetrator at the police
station
• Request assistance from the Family Court
Clerk to file a Protection Order
Where can the
protection order be
enforced?
Can the barangay
officials mediate or
conciliate?
Battered Woman
Syndrome as a Defense
Victim-survivors who are found by
the courts to be suffering from
battered woman syndrome do not
incur any criminal and civil
liability not with standing the
absence of any of the elements
for justifying circumstances of
self-defense under the Revised
Penal Code.
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
Rights of victims:
(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
Sample cases:
• My husband had been
cheating on me for over three
years now with the various
women. Is there a way I can
apply VAW in filling a case
against him?
• My boyfriend has been
hurting me every time we
fight and even threatens to
kill me. Can I file a case
Sample cases:
• My ex- husband has stopped
giving me and our daughter
support since 2009. Can I file
a case against him for VAW?
• I have been in a abusive
relationship for quite some
time. Can I file a case against
time considering his abuse
was irregular?
Sample cases:
• I am lesbian and I have been
in an abusive relationship
with another woman since
2009. Can I file a case against
her, even though she is a
woman?
• I am a husband who has been
mentally, verbally and
emotionally abused by my
wife. Can I file against my
Sample cases:
• I have 3 minor children with
my husband. I wish to file a
case against him. What would
be the impact upon my
children, if he ask for
custody?
• I’ve been running in fear
from my husband for 3
months because he
threatened to kill me. What
Sample cases:
• As a Battered Woman, is there
a chance I might lose custody
of my children?
• If custody of my children is
not awarded to me, is there
any chance that they might
be given to my husband?
Sample cases:
• What is the liability of a news
reporter covering a pending
court case of the Anti- VAWC
Act if he or she includes in the
TV report the name and face
of the woman, and other
information without her
consent?
Where to seek help?
• Barangay VAW Desk in your
Barangay Hall
• Provincial/City/Municipal Social
Welfare and Development Office of
Local Government Units
• Department of Social Welfare and
Development (DSWD) Community-
Based Services Section (CBSS)
Legarda, Manila
Tel. Nos.: 733-0014 to 18 local 116/488-
2861
Where to seek help?
• Philippine National Police (PNP)
Women and Children Protection
Center
Camp Crame, Quezon City
Tel. No.: 410-3213/532-6690
Aleng Pulis Text Hot-line: 0919-777-7377
Emergency Hotline: 911
• Women and Children Protection
Desk of nearest Precinct
Where to seek help?
• National Bureau of Investigation
(NBI) Anti-Violence Against
Women and Children Division
(VAWCD)
Camp Crame, Quezon City
Tel. No.: 410-3213/532-6690
Aleng Pulis Text Hot-line: 0919-777-7377
Emergency Hotline: 911
• UP-PGH Women's Desk
Tel. nos.: (02) 8353-0667/8542-
1512/8554-8400 local 2536
Where to seek help?
• PNP Women and Children
Protection Center (WCPC)
Visayas: 0917-7085157/(032) 410-8483
Mindanao: 0917-1806037
Aleng Pulis: 0919-7777377/09667255961
• DOJ-Public Attorney's Office (DOJ-
PAO) (02) 8929-9436 local 106,
107 or 159
(Local "O" for operator)
DOJ Action Center: (02) 8521-2930/8523-
8481 loc. 403.
Where to seek help?
• Women's Crisis Center (WCC)
Women and Children Crisis Care
and Protection Unit
Vito Cruz, Manila
Tel. no.: (02) 8514-4104
Mobile: 0920-9677852/0917-8250320
Activity Time!
Activity Time!
References
Owen, Wilfred. Dulce et Decorum Est.
1920.
List any other sources used in MLA format.
