Republic Act

9262
THE ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
What is RA 9262 or the Anti-
Violence Against Women and their
Children Act of 2004?
It is a law that seeks to address the prevalence of violence against women and
their children (VAWC) by their intimate partners like their husband or ex-
husband, live-in partner or former live-in partner, boyfriend/girlfriend or ex-
boyfriend/ex-girlfriend, dating partner or former dating partner.
What is Violence Against Women
and their Children under RA 9262?
It refers to any at or a series of acts committed by an intimate partner
(husband, ex-husband, live-in partner, boyfriend/girlfriend, fiance,
who the woman had sexual/dating relationship):
 Against a woman who is his wife, former wife;
 Against a woman with whom the person has or had a sexual or
dating relationship;
 Against a woman with whom he has a common child;
 Against her child whether legitimate or illegitimate within or
without the family abode,
Of which results 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
What are the acts of violence which
are covered under RA 9262?
RA 9262 covers several acts of violence, which are:
1. Physical violence
2. Sexual Violence
3. Psychological Violence
4. Economic Abuse

 Physical violence – acts that include bodily or physical harm

(battery)
 Causing/threatening/attempting to cause physical harm to the
woman or her child;
 Placing the woman or her child in fear of imminent physical harm
Physical violence – acts that include
bodily or physical harm (battery)
 Causing/threatening/attempting to cause physical harm to the
woman or her child;
 Placing the woman or her child in fear of imminent physical
harm
Sexual violence – the acts which are
sexual in nature committed against a
woman or her child. It includes, but is not
limited:
 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 him or her
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.
 Causing or attempting to make the woman or her child to
perform sexual acts (that do not constitute rape) by use of
force, threats, intimidation directed against the woman, her
child, or her immediate family.
 Prostituting the woman or her child.
Psychological violence – acts or omissions
causing or likely to cause mental or
emotional suffering of the victim which
includes, but is not limited to the ff:
 Controlling or restricting the womans or her childs movement or conduct
 Threatening or actually depriving the woman or her child of custody or access
to her/his family;
 Depriving or threatening to deprive the woman or her child of a legal right;
 Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, e.g. repeated verbal
and emotional abuse, and denial of financial support or
custody or minor children or denial of access to the womans
child/children
 Threatening or actually inflicting physical harm on oneself
for the purpose of controlling the womans actions or
decisions;
 It includes causing or allowing the victims 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 abusinf injury to pets
or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children
 Causing substantial emotional or psychological distress to
the woman or her child:
 Stalking or following the woman or her child in public or
private places;
 Peering in the window or lingering outside the residence or the
woman or her child;
 Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will
 Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or her child;
 Engaging in any form of harassment or violence
Economic Abuse – acts that make or
attempt to make a woman financially
dependent upon her abuser, which
includes, but is not limited to the
following:
 Preventing the woman from engaging in any legitimate profession,
occupation, business or activity except in cases wherein the other
souse/partner objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;
 Controlling the womans own money or property, or solely
controlling the conjugal or common money/properties;
 Destroying household property
Define children as used under
RA 9262
 Children refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as
defined under RA 7610. As used in this Act, it includes
biological children of the victim and other children under
her care
Define dating relationship as
used under RA 9262
 It is a situation wherein the parties live as husband and wife
without the benefit of a 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 social context is
not a dating relationship
Define sexual relations under
RA 9262
 It refers to a single sexual act which may or may not result
in the bearing of a common child
Define Battered Woman
Syndrome under Ra 9262
It refers to a scientifically defined pattern of psychological and
behavioral symptoms found in battered women as a result of a
long history of abuse.
RA 9262 acknowledges that women who have retaliated against
their partner or who commit violence as a form of self-defense
may have suffered from Battered Woman Syndrome (BWS).
Any victim who suffers form BWS should be diagnosed by a
pyshiatric expert of a clinical psychologist. This will also help
the victim in obtaining a just decision in her case. The law does
not allow the offender to have custody of minor children. Their
care is entrusted to the woman even if she is found to have
BWS.
Persons protected by RA 9262

The law recognizes the unequal relations between a man and a

woman in an abusive relationship where the woman is usually
at a disadvantage.
 Wife
 Former wife
 a woman with whom the offender has or had sexual
relations with
 A woman with whom the offender has a common child with
 The legitimate or illegitimate child of the woman within or
without the family abode
Is VAWC committed by men
alone?
 Women can also be liable under the law. These are the
lesbian partners/girlfriends or former partners of the victim
with whom she has or had a sexual or dating relationship
What if the male spouse/partner complains
about abuses committed by his
wife/partner?
He may file a complaint under the Revised Penal Code
What can women and children
do under RA 9262?
Under the law, the offended party may file a criminal action, or
apply for a Protection Order either as an independent action or
as an incident in civil or criminal action and other remedies
Who may file a complaint
under RA 9262?
Any citizen having personal knowledge of the circumstances
involving the commission of the crime may file a complaint
because violence against women and their children is
considered a PUBLIC crime.
Where should cases for VAWC
be filed?
Cases may be filed in the Regional Trial Court designated as
FAMILY COURT of the place where the crime was committed.
These courts have original and exclusive jurisdiction over these
cases.
What are the penalties for
committing VAWC?
Offenders proven in court to be guilty of the crime shall be
penalized with: Imprisonment ranging from 1 month and 1 day
to 20 years, payment of P100,000 to P300,000 in damages,
mandatory psychological counseling or psychiatric treatment
What is a protection order?

A protection order is an order issued under this act for the

purpose of preventing further acts of violence against women
or her child. And granting other relief as may be needed. The
relief granted under a protection order serves the purpose of
safeguarding the victim from further harm, minimizing any
disruption in the victims daily life, and facilitating the
opportunity and ability of the victim to independently regain
control of her life. The provision of the protection order shall
be enforced by law enforcement agencies.
Kinds of Protection Orders

 Barangay Protection Orders (BPO)

 Temporary Protection Orders (TPO)
 Permanent Protection Orders (PPO)
Barangay Protection Orders
(BPO)
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 RA 9262. BPO shall be effective for 15
days
Temporary Protection Orders
(TPO)
Refers to the protection order issued by the court on the date of
the filing of the application after ex parte determination that
such order should be issued. The court may grant in a TPO any,
some or all of the reliefs mentioned in RA 9262 and shall be
effective for 30 days. 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.
Permanent Protection Order
(PPO)
Refers to the protection order issued by the court after notice
and hearing. The court shall not deny the issuance of protection
order on the basis of the lapse of time between the act of
violence and filing of the application. PPO shall be effective
until revoked by the court upon application of the person in
whose favor it was issued.
Where can you apply for a
protection order?
May be filed with the appropriate Regional Trial Court/Family
Court or Municipal Court where the petitioner resides in case of
Temporary Protection Order (TPO) and Permanent Order
(PPO), respectively. Barangay Protection Order may be applied
for in the Barangay where the applicant resides or in
accordance with section 409 of the Local Government Code of
1991.
Who may file a Petition for
Protection Orders?
 The offended party
 The parents or guardians of the offended party
 The ascendants, descendants or collateral relatives within the fourth
civil degree of consanguinity or affinity
 Officers or social workers of the DSWD or social workers of local
government units
 Police officers, preferably those in charge of women and childrens
desks
 Punong barangay or barangay kagawad
 Lawyer, counselor, therapist or healthcare provider of the petitioner
 At least two (2) concerned responsible citizens of the city or
municapility where the violence against women and their children
occurred and who has personal knowledge of the offense committed
How to apply protection order?

The application for the Protection Order must be in writing, signed and
verified under oath by the applicant. A standard protection order
application form, written in English with translation to the major
languages, which is readily available, shall contain the following
information:
 Names and addresses of the petitioner and the respondent
 Description of relationships between the petitioner and respondent
 Statement of the circumstances of abuse
 Description of the reliefs requested by the petitioner
 Request for counsel and resons for such
 Request for waiver of application fees until hearing
 An attestation that there is no pending application for a protection
order in another court
Who may issue BPO and how?

BPO refers to the protection order issued by the Punong

Barangay ordering the perpetrator to desist from committing
acts under Section 5(a) and (b) of RA 9262.

Sec 5(a) is causing physical harm to the woman or her child;

and
Sec 5(b) is threatening to cause the woman or her child
physical harm
 A Punong Barangay who receives applications for a BPO
shall issue the protection roder 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.
 BPO shall be effective 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 its personal service.
 The parties may be accompanied by a non-lawyer advocate
in any proceeding before the Punong Barangay.
What can the woman do if the barangay
official failed or refused to issue the
BPO within 24 hours from application?
 She can file an administrative complaint aginst the barangay official for
failure to perform his/her duties. The complaint bust be filed with the
Sangguniang Panglunsod or Bayan
 She can go to the police station to complain against the perpetrator
Violation of Protection Orders

A complaint for a violation of a BPO issued under RA 9262

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 punishalbe 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.
Where can the protection order
be enforced?
 The Temporary Protection Order and the Permanent
Protection Order are enforceable anywhere in the
Philippines
Can the barangay officials
mediate or conciliate?
No. Conciliation and mediation of acts of violence against
women and their children are not allowed under this law. Sec.
33 of RA 9262 amended sections 410-413 of the Local
Government Code. The barangay officials, police or social
workers should not attempt to mediate or influence the woman
to give up her legal action or application for a BPO, TPO or
PPO.
Duties of Barangay Officials
and Law Enforcers
(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;
(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 belongings from the
house;
(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 RA 9262;
(h) Immediately report the call for assessment or assistance of
the DSWD, SOCIAL Welfare Department of LGUs or
accredited non-government organizations (NGO)
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 latters consent, shall be liable to the
contempt power of the court.
 Any person who violates this provision shall suffer the
penalty of one 91) year imprpisonment and a fine of not
more than P500,000.00.
 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
Healthcare Provider shall
respond 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;
(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 RA 9262 and services available to them
Prescription period

 10-20 years from the time of the complained acts

 Thank you for listening