A seminar conducted by Atty. Thomas J.T. F. de Castro on Anti Violence Against Women and their Children Act.

1. The Rights of Women and Their
Children under Republic Act No. 9262
by: Atty. Thomas J.T. F. de Castro

2. What is Republic Act No. 9262?
• Anti-Violence Against Women and Their
Children Act of 2004
• Enacted March 08, 2004
• Took effect November 15, 2004
• Makes the act of committing violence against
women and their children a public crime.

3. Declaration of Policy
• The State values the dignity of women and
children and guarantees full respect for human
rights
• The State recognizes the need to protect the
family and its members particularly women and
children, from violence and threats to their
personal safety and security.

4. Who are protected under R.A. 9262?
• Any woman
▫ who is the perpetrator’s wife or former wife
▫ a woman with whom the perpetrator has or had a
sexual or dating relationship
▫ whom the perpetrator has a common child
• A child whether legitimate or illegitimate of the
woman.

5. What constitutes “Violence Against
Women and their Children”?
An act that result in or is likely to result in:
• Physical abuse
• Sexual abuse
• Economic abuse
• Threats of physical, sexual, and economic abuses
• Emotional or Psychological abuse
• Battery
• Assault
• Coercion
• Harassment
• Arbitrary deprivation of liberty
Note: These acts may be committed within or without the
family abode.

6. Acts Punished under R.A. 9262
(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;

7. Acts Punished under R.A. 9262
(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:

8. Acts Punished under R.A. 9262
(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 money or properties, or solely controlling the
conjugal or common money, or properties;

9. Acts Punished under R.A. 9262
(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:

10. Acts Punished under R.A. 9262
(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;

11. Acts Punished under R.A. 9262
(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.

12. What are the rights of the victims
under R.A. 9262?
• To be treated with respect and dignity.
• Legal assistance from the Public Attorney’s Office or any
public legal assistance, including the Local Government
Unit.
• Support services from DSWD and the local government.
• To be informed of their rights and services available,
including the right to a protection order.
• If the victim is an indigent, she can file for a protection
order in court without payment of court fees.

13. Amendment to the Revised Penal Code
• SECTION 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 the Revised Penal Code.

14. What are the remedies available to
the victim?
The victim and her children can apply for:
• Barangay Protection Order (BPO)
▫ Issued by the Punong Barangay or in his absence any Kagawad.
▫ Effective for fifteen (15) days.
• Temporary Protection Order (TPO)
▫ Issued by the Family Court without the knowledge of the perpetrator.
▫ Effective for thirty (30) days.
• Permanent Protection Order (PPO)
▫ Issued by the Family Court
▫ After notice and hearing.
• File a Criminal Case for Violation of Republic Act No. 9262

15. How does one get a BPO?
• The woman or her child can go to the Punong Barangay
or if he/she is not available, to any kagawad, and apply
for a BPO.
• The application must be in writing, signed under oath.
• The application shall be attested before the Punong
Barangay who has jurisdiction over the application.
• The Punong Barnagay or Kagawad must issue the BPO
on the same day of applicatin, immediately upon
conclusion of the ex-parte proceedings.

16. If the victim is unable to personally appear
for a Protection Order, who may file on her
behalf?
• Parents or guardian
• Ascendants, descendants, or collateral relatives within the 4th civil
degree of consanguinity or affinity
• Social workers of DSWD or Social workers of the Local Government
Unit
• Police Officers
• Punong Banrangay or Kagawad (for Court TPO)
• Lawyer
• Counsellor
• Therapist
• Healthcare provider of the victim
• At least 2 citizens of the LGU who have the knowledge of the
commission of the crime.

17. Sanctions for the Violation of a
Protection Order
• A Fine ranging from Php 5,000 to Php 50,000
and/or imprisonment of six (6) months.
• For TPO and PPO a violation thereof shall
constitute contempt of court.

18. Prescriptive Period
• 20 years for punishable acts such as causing, threatening, or
attempting to cause the women or her child physical harm,
placing the woman or her child in fear of physical harm, and
inflicting or threatening to inflict physical harm on oneself to
control the woman’s actions or decisions.
•
• 10 years for punishable acts such as forcing a woman or her
child to engage in any sexual activity, purposefully causing
substantial emotional or psychological distress to the woman
or her child, or causing mental or emotional anguish, public
ridicule or humiliation, and verbal and emotional abuse, and
denial of financial support or custody of minor children.