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 "Anti-Violence 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.chan robles virtual law library

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.chan robles virtual law library

Sec.  3. Definition of Terms.- As used in this Act, chan robles virtual law library

(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; chan robles virtual law library

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: chan robles virtual law library

(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; chan robles virtual
law library

(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 mental 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: chan robles virtual law library

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; chan robles virtual law library

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; chan robles virtual law library

3. destroying household property; chan robles virtual law library

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 surveillance
directly or indirectly or a combination 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.chan robles virtual law library
(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; chan robles virtual law library

(b) Threatening to cause the woman or her child physical harm; chan robles virtual law library

(c) Attempting to cause the woman or her child physical harm; chan robles virtual law library

(d) Placing the woman or her child in fear of imminent physical harm; chan robles virtual law library

(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; chan robles virtual law

(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; chan
robles virtual law library

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or activity or
controlling the victim's own money 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; chan robles
virtual law library

(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 chan robles virtual law library

(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 Section 5 hereof
shall be punished according to the following rules:

(a) Acts falling under Section 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.chan robles virtual law library

Acts falling under Section 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.chan robles virtual law library

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor; chan robles virtual law
library
(c) Acts falling under Section 5(e) shall be punished by prision correccional; chan robles virtual law
library

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 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 section.

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.chan robles virtual law library

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 Section 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 Section 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; chan robles virtual law library
(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; chan robles virtual law library

(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 temporary or permanent custody of a child/children to the 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;chan robles virtual law
library

(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; chan robles virtual law
library

(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 section 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.chan robles virtual law library
Sec.  9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by
any of the following:

(a) the offended party; chan robles virtual law library

(b) parents or guardians of the offended party; chan robles virtual law library

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or
affinity; chan robles virtual law library

(d) officers or social workers of the DSWD or social workers of local government units (LGUs); chan
robles virtual law library

(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 Section 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:chan robles virtual law
library

(a) names and addresses of petitioner and respondent; chan robles virtual law library

(b) description of relationships between petitioner and respondent; chan robles virtual law library

(c) a statement of the circumstances of the abuse; chan robles virtual law library

(d) description of the reliefs requested by petitioner as specified in Section 8 herein; chan robles
virtual law library
(e) request for counsel and reasons for such; chan robles virtual law library

(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 Section 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.chan robles virtual law library

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.chan robles virtual law library

Sec.  16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order
issued by the court after notice and hearing.chan robles virtual law library

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.chan robles virtual
law library

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.chan robles virtual
law library

The court may grant any, some or all of the reliefs specified in Section 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 section
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.chan
robles virtual law library

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 judgment 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 Section
5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

Sec.  24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20)
years. Acts falling under Sections 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. – Victim-survivors 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.chan robles virtual law library

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.chan robles virtual law library

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.chan robles virtual law library

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; 
chan robles virtual law library 
(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; chan robles virtual law library

(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 Barangay or the courts;

(g) arrest the suspected perpetrator without 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 chan robles virtual law library

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department
of LGUs or accredited non-government organizations (NGOs). chan robles virtual law library

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.chan robles virtual law library

Sec.  31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited
to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who
suspects abuse or has been informed by the victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries; chan robles
virtual law library

(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.chan robles virtual law library

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. Section 7 of the Family Courts Act of 1997 and Sections 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 Section shall render the official or judge administratively liable.chan robles
virtual law library

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 Inter-Agency Council on
Violence Against Women and their children, hereinafter known as the Council, which shall be
composed of the following agencies: chan robles virtual law library

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW); chan robles virtual law library

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ); chan robles virtual law library

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

(h) Philippine National Police (PNP); chan robles virtual law library

(i) Department of Health (DOH);

(j) Department of Education (DepEd); chan robles virtual law library

(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.chan robles virtual law library

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.chan robles virtual law library

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.chan robles virtual law library
The DOH shall provide medical assistance to victims.chan robles virtual law library

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.chan robles virtual law library

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; chan robles virtual law
library

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; chan robles virtual law library

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 section 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.chan robles virtual law
library
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).chan robles virtual law library

Sec.  45. Funding – The amount necessary to implement the provisions of this Act shall be included in
the annual General Appropriations Act (GAA).chan robles virtual law library

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.chan robles virtual law
library

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.chan robles virtual law library

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 section or provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.chan robles virtual law library

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.chan robles virtual law library

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.chan robles virtual law library 
 

Approved: March 08, 2004

Reference: chan robles virtual law library