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Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of
July, two thousand and three.
Republic Act No. 9262 March 08, 2004
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippine Congress Assembled:
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence
Against Women and Their Children Act of 2004".
SECTION 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.
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.
SECTION 3. Definition of Terms.- As used in this Act,
(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;
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:
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;
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:
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;
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;
3. destroying household property;
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.
(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
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her care.
SECTION 4. Construction.- This Act shall be liberally construed to
promote the protection and safety of victims of violence against
women and their children.
SECTION 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;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical
harm;
(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;
(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;
(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 mon4ey 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;
(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
(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.
SECTION 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.
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.
(b) Acts falling under Section 5(c) and 5(d) shall be punished by
arresto mayor;
(c) Acts falling under Section 5(e) shall be punished by prision
correccional;
(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.
SECTION 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.
SECTION 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;
(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;
(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;
(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;
(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.
SECTION 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;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the
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
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.
SECTION 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.
SECTION 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:
(a) names and addresses of petitioner and respondent;
(b) description of relationships between petitioner and respondent;
(c) a statement of the circumstances of the abuse;
(d) description of the reliefs requested by petitioner as specified in
Section 8 herein;
(e) request for counsel and reasons for such;
(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.
SECTION 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.
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 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.
SECTION 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.
SECTION 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.
SECTION 16. Permanent Protection Orders. – Permanent Protection
Order (PPO) refers to protection order issued by the court after notice
and hearing.
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.
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.
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.
SECTION 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."
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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 judgement 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.
SECTION 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.