Republic Act 9262

ANTI-VIOLENCE AGAINST
WOMEN AND
THEIR CHILDREN ACT
OF 2004
MAC PAUL VERZOLA ALARIAO
Batch 7
National GAD Resource Pool Member
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 2
Declaration of Policy

The State values the dignity of women and

children and guarantees full respect for human
rights.

It 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.
 BREAK!

ASSESS THE CASE PROVIDED AND

RESPOND IN THE FOLLOWING
MANNER:

“PUSH!” – YES

“CHAROT!” - NO
 A husband punched his
wife.

Is there a case for VAWC?

A husband threatened to
punch his wife.

Is there a case for VAWC?

A husband attempted to
punch his wife.

Is there a case for VAWC?

 A husband punched his
neighbor’s wife.

Is there a case for VAWC?

 A husband punched his
sister.

Is there a case for VAWC?

 A husband punched his
wife’s sister.

Is there a case for VAWC?

 A husband punched his
friend, whom he has a son.

Is there a case for VAWC?

 A husband punched a
stranger, who is a woman.

Is there a case for VAWC?

 A husband punched his
friend, a woman whom he
usually has sex with.

Is there a case for VAWC?

A husband punched his best
friend, who is a woman.

Is there a case for VAWC?

 A boyfriend kicked his
girlfriend repeatedly.

Is there a case for VAWC?

 An ex-boyfriend kicked
his ex-girlfriend
repeatedly.

Is there a case for VAWC?

A future boyfriend kicked
his future girlfriend.

Is there a case for VAWC?

 A man kicked his woman
live-in partner repeatedly.

Is there a case for VAWC?

A man kicked his maid, a
woman living with him,
repeatedly.

Is there a case for VAWC?

 A man battered his own
daughter, his child with his
girlfriend.

Is there a case for VAWC?

A man battered the son of
his former wife.

Is there a case for VAWC?

 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 3
Definitions

Violence against women and their children

refers to any act 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
physical, sexual, psychological or economic
abuse.
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

"Physical Violence"
refers to acts that include
bodily or physical harm.

Physica
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

"Sexual
violence" refers
to an act which is
sexual in nature,
such as rape,
harassment and
prostituting the
woman or child.

Sexual
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

“Psychological ,
Emotional
violence" refers to
acts or omissions
causing mental or
emotional suffering
of the victim such
as intimidation,
stalking, humiliation
and repeated verbal
abuse.
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

"Economic
abuse" refers to Economi
acts that make a
woman financially
dependent, like c
withdrawal of
financial support or
preventing the
victim from
engaging in any
legitimate
profession,
business or
activity.
 BREAK!

NAME THE KIND OF

VIOLENCE/ABUSE
COMMITTED
 A common-law
husband batters
his common-law wife.
 A common-law
husband batters
the pet dog of his
common-law wife.
 A common-law
husband buys a
battery for his child
with his common-law
wife.
A boyfriend forces
his girlfriend to
watch pornography
 A girlfriend
watches
pornography
without his
boyfriend.
A husband forces
his wife and
mistress to live
in their conjugal
home.
A husband forces his
wife and mistress to
sleep together in the
same room, without
having sex with any.
 A husband
threatens his wife
to deprive her of
the use of their
financial resources.
 A husband
prevents his wife
from starting a
sari-sari store for
no reason
 A husband prevents
his wife from using a
tricycle he solely
bought using his own
money for no reason
 A husband
threatened to kill
the father of his
wife to compel her
to not leave him.
 A husband
controlled the
custody of their
common children,
with the wife’s
consent
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)
 Sec. 5
Acts of VAWC
 Causing, threatening, attempting to cause
physical harm
 Placing the woman or her child in fear of
imminent physical harm
 Attempting or compelling the woman or
her child to engage in conduct which they
have a right to desist from;
 Sec. 5
Acts of VAWC
 Depriving or threatening to deprive the
woman or her child of custody or access to
her family
 Depriving them of financial support;
insufficient financial support
 Sec. 5
Acts of VAWC
 Depriving or threatening to deprive the
woman or her child of a legal right
 Preventing the woman from engaging in
any legitimate profession, occupation,
business or activity, or controlling her own
money or properties or solely controlling
conjugal or common assets
 Sec. 5
Acts of VAWC

 Causing or attempting to cause the

woman or her child to engage in any
sexual activity..., by force or threat,
physical harm, intimidation directed
against the woman, her child, or
immediate family *
 Sec. 5
Acts of VAWC
 Engaging in knowing or reckless conduct,
personally or through another, that alarms
or causes substantial emotional or
psychological distress including:
 (1) stalking
 (2)entering or remaining in the property
 Sec. 5
Acts of VAWC
 Causing mental or emotional anguish, public
ridicule, humiliation including repeated verbal and
emotional abuse*
 Denial of financial support or custody of minor
children or denial of access to the woman’s child*
 *PRESCRIPTION PERIOD: 10 years. All others, 20
years
 The Battered Woman Syndrome
 Assessment by a
psychiatrist/psychologist
 Expert’s testimony re: state of
mind of woman & BWS
 Finding by the court re: BWS
 No civil or criminal liability
 BWS not a ground for
disqualification re: child custody.
Exception: compelling reason
 AP is disqualified to get child
custody

46
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 6
Penalties

Imprisonment and/or fine as the case may be and

after due process.
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 8
Protection Orders

An order issued for the purpose of preventing

further acts of violence against a woman or her
child and granting other necessary relief.

The protection orders that may be issued are

the Barangay Protection Order (BPO), Temporary
Protection Order (TPO) and Permanent Protection
Order (PPO).
 Remedies of Offended Party
 Apply for issuance of barangay protection
order
 Petition for protection order at a court
 Pursue other remedies by filing any of the
following:
a) criminal action
b) criminal action with reservation of separate
civil action
c) civil action for remedies

49
 Protection Orders
Type BPO TPO PPO
Venue Barangay Court Court
Duration 15 days 30 days Valid unless
(renewable) revoked
Issuing Punong Judge Judge
barangay
authority
or
barangay
kagawad
50
 WHO MAY FILE THE PETITION?
a) Offended party;
b) Parents/guardians of offended party;
c) Relatives of offended party;
d) Officers/socials workers of DSWD/LGUs;
e) Police officers;
f) Punong Barangay or Barangay Kagawad
g) Lawyer, counselor, therapist, healthcare provider of
the petitioner; &
h) At least two (2) concerned citizens of place where
violence occurred & with personal knowledge of
offense.

51
ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 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.
Additional requirements required if filed
in behalf of victim:
 Facts showing authority to file
petition;
 Circumstances of the abuse suffered
by offended party;
 Circumstances of consent given or
refusal to consent of offended party
to file petition;
 When disclosure of address will pose
danger to life of offended party, it
shall be so stated.

VAWC IS A PUBLIC CRIME

53
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 28
Custody of Children

The woman victim of violence shall be

entitled to the custody and support of her
child/children.

Children below 7 years old or older but with

mental or physical disabilities shall automatically
be given to the mother, with right to support,
unless court finds reasons to order otherwise.
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 35
Rights of Victims

a)To be treated with respect and dignity

b)To avail of legal assistance form the PAO
c)To be entitled to support services from DSWD and
LGUs
d)To be entitled to all legal remedies and support 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.
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 39
Inter-Agency Council on Violence Against Women and
Their Children

DSWD, NCRFW, CSC, CHR, CWC, DOJ,

DILG, PNP, DOH, DepEd, DOLE and NBI
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 40
Mandatory Programs and Services for Victims

DSWD and LGUs shall provide the victims

temporary shelters, provide counselling, psycho-
social services and/or, recovery, rehabilitation
programs and livelihood assistance.

DOH shall provide medical assistance to victims.

MANDATORY PROGRAMS AND SERVICES
FOR VICTIMS
DSWD and LGU shall provide:
 Temporary shelter
 Counseling
 Psycho-social services
 Rehabilitation programs
 Livelihood assistance

58
Other Rights of the Victim
Under the Law
Exemption from payment of docket fee
& other fees. – An indigent party may
file an application for TPO without
payment of the filing fee or other legal
fees. (Sec. 38)
Leave entitlements. – Victims shall be
entitled to paid leave of absence up to
10 days in addition to other paid leaves
under the Labor Code. (Sec. 43)

59
 ANTI-VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (RA 9262)

SECTION 41
Counselling and Treatment of Offenders

DSWD shall provide rehabilitative counselling 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.
 PROHIBITED DEFENSE BY THE BATTERER

Being under the influence of:

 Alcohol
 Illicit drug
 Other mind-altering substance

61
 PROVISIONS ON THE OFFENDER
Counseling and Treatment of Offender. –
DSWD shall provide counseling and
treatment to perpetrators. Psychiatric
treatment and confinement upon order of the
court. (Sec. 42)

62
 OTHER SALIENT POINTS
Sec 33: Punong barangay,
barangay kagawad and
courts are prohibited from
influencing compromise or
mediation between parties.

Administrative liability for

non-compliance
64
 OTHER SALIENT POINTS

Note: All forms of

AMICABLE SETTLEMENT
under the Katarungang
Pambarangay such as
mediation, settlement,
conciliation, arbitration shall
not apply to cases of VAWC.

65
Exemption from liability:
Any person, who responds
or intervenes, without
using violence or
restraint greater than
necessary to ensure the
safety of the victim, shall
not be criminally, civilly, or
administratively liable.
(Sec. 34)

66
Confidentiality Rule. – all
records pertaining to cases
of VAWC shall be treated
with utmost confidentiality.
(Sec. 44)

Penalty for violation: One

(1) year imprisonment
and not more than P500K
fine.

67
CONSEQUENCES OF GBV
The consequences of GBV can be scattered into
four main aspects:
1. Health
2. Emotional, social and psychological
3. Community and physical safety and security
4. Legal/justice system
CONSEQUENCES OF GBV
Health:
Individual consequences to the survivor:
 Depression, leading to chronic physical complaints
and illnesses.
 FGM, resulting in shock, infection, excessive
bleeding or death, and longer-term affects such as
emotional damage, including anger, fear, self-hate
and confusion.
CONSEQUENCES OF GBV
 Loss of desire for sex and
painful sexual intercourse.
 Difficult pregnancy and labour,
chronic pain and infection,
infertility.
 CONSEQUENCES OF GBV
 Injury, disability, or death. STIs and
HIV/AIDS.
 Injury to the reproductive system including
menstrual disorders, infections,
miscarriages, unwanted pregnancies, unsafe
abortions.
 Impact on wider society: Strain on medical
system.
CONSEQUENCES OF GBV
Emotional/Psychological:
Individual consequences to the survivor:
 Emotional damage including anger,
fear and self-hate. Shame, insecurity,
loss of ability to function and carry
out daily activities.
 Feelings of depression and isolation.
CONSEQUENCES OF GBV
 Problems sleeping and eating.
 Mental illness and thoughts of
hopelessness and suicide.
 Judgments made about the survivor.

 Blaming the survivor.

 Treating the survivor as a social outcast.

CONSEQUENCES OF GBV
Impact on wider society:
 Expensive, drain on community resources;
family, friends, schools, community leaders,
social service agencies, etc.
 Survivor unable to continue as contributing
member of society; unable to keep up with child
care, unable to earn an income.
CONSEQUENCES OF GBV
 Ifperpetrators not arrested, this
sends a strong message that the
behaviour is somehow acceptable,
leading to further incidents of
violence.
CONSEQUENCES OF GBV
Legal/Justice System
 Lack of access to legal system.
 Lack of knowledge of existing laws.

 Confusion regarding the most appropriate

channels i.e. criminal, traditional etc.
 Survivors reluctant to report due to heavy
stigma attached to sexual abuse.
CONSEQUENCES OF GBV
 Strain on police/court resources
already challenged and overburdened.
 Lack of sensitivity to the issues
expressed by judges and polices
forces.
 Costs incurred by the survivor.
 CONSEQUENCES OF GBV
Security, Physical Environment of the Community

 Survivor feels insecure, threatened, afraid,

Climate of fear and insecurity impacting
women’s freedom and perception of personal
safety.
 Lack of female participation in the community
life. Fear of going to school and work.
THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

 It is important to understand the impact on

children who witness violence against their
mothers and women in their extended family,
and interventions need to be in place to stop
the cycle of violence from becoming an inter-
generational problem.
 The Impact of GBV on children in the family

 Children, who repeatedly witness violence

directed towards their mothers and other
female members, learn and internalize
perceptions such as:
 Mothers/girl child are not deserving of respect.
 Those who love you also hit and abuse you.
 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

 It is socially, culturally, traditionally

and morally acceptable to use
violence against female members of
the family for control and compliance
purposes.
 Violence is an acceptable conflict
resolution strategy.
 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

It is important to recognize that there are gender

differences in the way children internalise the
violence they witness.
 Boys will learn behaviour in adult relationships
that the use of violence is acceptable.
 Girls as adults will tolerate the abuse because her
mother and other female members did.
 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY
 Children respond in different ways to the
violence experienced in their family
environment.
 Possible emotional and behaviour effects
could be:
 Loss of self esteem and self confidence.

 Insecurity, fear and vulnerability

 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

 Being unable to openly discuss

frustrations and problems.
 Poor anger management skills.

 Difficulty in trusting people.

 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

 They may use violence to cope with

their own stresses.
 They may suffer from depression.

 They may have school and other

social difficulties i.e. poor
concretion, unable to learn.
 THE IMPACT OF GBV ON CHILDREN IN
THE FAMILY

 They may suffer from guilt, believing that

they are the cause of the violence.
 Physical symptoms – bed wetting, acting
out, eating disorders, self harm/mutilation.
 Children who have lived in abusive family
environments are often poor achievers in
school and have related learning difficulties.
MY FRAMEWORK

88
 Maraming Salamat po!
MAC PAUL V. ALARIAO
Batch 7
National GAD Resource Pool Member
Philippine
89
Commission on Women