Ra 9262

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What Is RA 9262? Violence Against Woman is a Public Crime

It is a Special law, otherwise known as Public Crime means any citizen who has
Anti-Violence Against Women and a personal knowledge of the crime can file
Children Act of 2004, which penalizes as a a criminal complaint
Public Crime certain Acts of Violence
against women and their children. FORMS OF VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN
Who is the victim woman protected
under this law? 1. Physical Violence which refers to
a.Wife; or acts that include bodily or physical
b. former wife; or harm;
c. a woman with whom the offender 2. Sexual violence which refers to
has or had a sexual or dating an act which is sexual in nature,
relationship; or committed against woman or her
d. A woman with whom the offender child;
has a common child;
3. Psychological violence which
The children victims protected under the refers to acts or omissions causing
law or likely to cause mental or
Children means the abused womans emotional suffering of the victim.
children, boy or girl alike, below 18 years 4. Economic abuse which refers to
old, whether legitimate or illegitimate; or acts that make or attempt to make
other children who live with the woman or woman financially dependent.
are under her care.
PHYSICAL VIOLENCE
Who are the Offender?
Refers to acts that include bodily or
a. Husband; physical harm.
b. Former husband;
c. Boyfriend ; How is sexual violence committed?
d. Ex-boyfriend;
e. Live-in partner or ex-partner; Sexual abuse is committed in the
f. One with whom the woman has a following manner;
common child;
g. One with whom he woman has/had a. rape;
sexual or dating relationship b. Sexual harassment;
c. Acts of lasciviousness ;
Can a woman be held liable for committing d. Treating a woman or her child as sex
violation of RA 9262? object
Yes, A lesbian partner/girlfriend or ex- e. Making demeaning and sexually
lesbian partner/girlfriend can also be held suggestive remarks;
liable for committing act or a series of f. Physically attacking the sexual parts of
acts against another woman with whom the victims body;
the lesbian has or had a sexual or dating g. Forcing the woman or her child to
relationship. watch obscene publications;
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h. Forcing the woman or her child to do Deprivation or threat of


indecent acts and or make films thereof; deprivation of financial
i. Forcing the wife and mistress/lover to resources and the right to the
live in the conjugal home or sleep use and enjoyment of the
together in the same room with the conjugal, community or property
abuser, owned in common;
j. Causing or attempting to cause the Destroying household property;
victim to engage in any sexual activity by Controlling the victims own
force, threat of force, physical or other money or properties or solely
harm or threat of physical or other harm controlling the conjugal money
or coercion; or properties.
k. Prostituting the woman or her child. What is Battery?
Battery refers to an act of inflicting physical
HOW IS PSYCHOLOGICAL VIOLENCE harm upon the woman or her child resulting
COMMITTED? and psychological or emotional distress.
a. Intimidation;
b. Harassment; DATING RELATIONSHIP- refers to a
c. Stalking; situation wherein the parties live as husband
d. Damage to property; and wife without the benefit of marriage or
e. Public ridicule or humiliation; are romantically involved over time and on a
f. Repeated verbal abuse; continuing basis during the course of
g. Marital infidelity; relationship. A casual acquaintances or
h. Causing or allowing the victim to ordinary socialization between two individuals
witness the physical, sexual or in a business or social context is not a dating
psychological abuse of a member of relationship.
the family to which the victim Sexual relations refers to a single sexual
belongs; act which may or may not result in the
i. Causing or allowing the victim to bearing of a common child.
witness pornography in any forms;
j. Causing or allowing the victim to Battered Woman Syndrome refers to
witness abusive injury to pets; scientifically defined pattern of psychological
k. Unlawful or unwanted deprivation of and behavioral symptoms found in women
the right to custody and/ or visitation living in battering relationships as a result of
of common child. cumulative abuse.

Where can VAWC be filed?


HOW IS ECONOMIC ABUSE COMMITTED?
Refers to acts that make or attempt to make a The Regional Trial Court (RTC) designated
woman financially dependent which includes, as Family Court shall have original and
but is not limited to the following: exclusive jurisdiction over cases of violence
against women and their children under 9262.
Withdrawal of financial support
In the absence of court in the place where the
or preventing the victim from
offense was committed, the complainant has
engaging in any legitimate
the option to file the case in the Regional Trial
profession, occupation,
Court where the crime or any of its element
business or activity;
was committed..

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PROTECTION ORDER g. Lawyer, counselor, therapist or health


care provider of the petitioner
A protection order is an order issued h. At least two (2) concerned responsible
under RA 9262 for the purpose of citizens of the city or municipality where
preventing further act of violence against the violence against women and their
a woman or a child specified in Section 5 children occurred and who have personal
of the law and granting other necessary knowledge of the offense committed.
relief.

The protection orders that may be issued


under RA 9262

a. Barangay Protection Order (BPO)-


issued by the Punong Barangayor in his
absence, any available Barangay
Kagawad. It is effective within fifteen (15)
days.

b. Temporary Protection Order (TPO)-


issued by the court and effective within
thirty (30) days

c. Permanent Protection Order (PPO)-


issued by the court after notice and hearing

Who may file petition for Protection


Orders?.

A petition for protection order may be


filed by any of the following;

a. Victim or offended party;


b. Parents or guardian of the offended
party;
c. ascendants, descendants or collateral
relatives within 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 Childrens
Protection Desk (WCPD)
f. Punong Barangay or Barangay
Kagawad;

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