Ra 9262 anti_violence_against_woment_and

1. Prepared by:
MARIE MELODY B. ABOC

3. What is RA 9262?
It is a special law, otherwise known as Anti-Violence against
women and their Children Act of 2004 (Anti-VAWC), which
penalizes as a public crime certain acts of violence against
women and their children.
What is “violence against women and their children”?
“Violence against women and their children” (VAWC) is any
act or a series of acts committed against the victim 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.

4. Who is the woman victim protected under this law?
a) wife; or
b) former wife; or
c) a woman with whom the offender has or had a
sexual or dating relationship; or
d) a woman with whom the offender has a common
child;
Who are the children victims protected under the law?
“Children” means the abused woman’s children, boy or girl
alike, below 18 years old, whether legitimate or illegitimate; or
other children who live with the woman or are under her care.

5. Who is the “offender”?
The following can be held liable for violation of RA 9262:
a) husband;
b) former husband;
c) boyfriend;
d) Ex-boyfriend;
e) live-in partner or ex-partner
f) one with whom the woman has a common child;
g) one with whom the woman has/had sexual or dating
relationship
Can a woman be held liable for committing violation of RA 9262?
Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can
also be held liable for committing act or a series of acts against
another woman with whom the lesbian has or had a sexual or
dating relationship;

7. What is “sexual relations”?
“Sexual relations” refers to a single sexual act which may or may not
result in the bearing of a common child.
How is “dating relationship” defined?
“Dating relationship” refers to a situation wherein the parties live
as husband and wife without the benefit of marriage or are
romantically involved overtime 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.

8. What is “battery”?
“Battery” refers to an act of inflicting physical harm upon
the woman or her child resulting to physical and
psychological or emotional distress.
Battered Woman defined:
A battered woman is one who is repeatedly subjected to
any forceful, physical or psychological behavior by a
man in order to coerce her to do something he wants her
to do without concern for her rights.
TO BE CLASSIFIED AS SUCH, the couple must go
through the battling cycle at least TWICE. Any woman
may find herself in an abusive relationship with a man
once. IF IT OCCURS again, and she remains in the
situation, she is defined as a battered woman.

10. Tension Building Phase
Minor battering occurs – verbal, physical abuse or other
form of hostile behavior. The woman tries to pacify the
batterer but this placatory/ passive behavior only
legitimizes the man’s belief that he has the right to abuse
her. At some point, the violence gets out of control and
leads to:
Acute Battering Incident
Brutal and destructive violence that could lead to death.
Tranquil, Loving Phase
This is when Acute Battering Incident ends. During this
period, the couple experience profound relief. The batterer
may show tender, nurturing behavior towards his partner.

11. 1) Physical violence - refers to acts
that include bodily or physical harm.
2) Sexual violence - refers to an act
which is sexual in nature, committed
against a woman or her child.
3) Psychological violence - refers
to acts or omissions causing or likely
to cause mental or emotional
suffering of the victim.
4) Economic abuse - refers to acts
that make or attempt to make a
woman financially dependent.
Types of Violence Punishable under
this Law

12. How is “sexual violence” committed?
a) rape;
b) sexual harassment;
c) acts of lasciviousness;
d) treating a woman or her child as a sex object;
e) making demeaning and sexually suggestive remarks;
f) physically attacking the sexual parts of the victim’s body;
g) forcing the woman or her child to watch obscene
publications; and
h) forcing the woman or her child to do indecent acts and/or
make films thereof;
i) forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;
j) 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;
k) Prostituting the woman or her child;

13. How is “psychological violence” committed?
A. Psychological violence is committed in the following manner;
a) intimidation;
b) harassment;
c) stalking;
d) damage to property;
e) public ridicule or humiliation;
f) repeated verbal abuse;
g) marital infidelity;
h) causing or allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the victim
belongs;
i) causing or allowing the victim to witness pornography in any form;
j) causing or allowing the victim to witness abusive injury to pets;
k) unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.

14. How is “economic abuse” committed?
Economic abuse can be committed in the following
manner:
a) 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 72 of the Family Code;
b) deprivation or threat of deprivation of financial resources
and the rights to the use and enjoyment of the conjugal,
community or property owned in common;
c) destroying household property;
d) controlling the victim’s own money or properties or
solely controlling the conjugal money or properties.

16. Where can VAWC be filed?
• CRIMINAL ACTION:
- Family court or if none’
- In the Regional Trial Court where the crime or any of its elements was
committed,
- At the option of the complainant
• PROTECTION ORDER:
- Family court in the residence of petitioner, if none, in the RTC, MTC,
MCTC
Venue

17. What are the protection orders that may be issued under RA
9262?
The following protection orders may be issued accordingly;
a) Barangay Protection Order (BPO), issued by the Punong
Barangay, or in his or her absence, any available Barangay
Kagawad. It is effective within fifteen (15) days.
b) Temporary Protection Order (TPO), issued by the court and
is effective within thirty (30) days;
c) Permanent Protection Order (PPO), issued by the court after
notice and hearing.

18. Who may file petition for Protection Orders?
Anyone of the following may also file the protection order in behalf of the
victim/s:
• Parents or guardian
• Children and grandchildren
• Relatives (aunts, uncles, cousin, in-laws)
• Local officials and DSWD or social workers of Local Government Units
(LGUs);
• Police
• Lawyers
• Counselor
• Therapist
• Health care provider (nurses, doctors, barangay health workers)
• Any two (2) people who came from the city or municipality where
VAWC happened and who have personal knowledge of the crime.

19. What if the application of the Protection Order is not the victim?
If the applicant 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 circumstance of consent given by the victim for filing of application.
When disclosure of the address of the victim will pose danger to her life,
its shall be so stated in the application.
What are reliefs provided in the issuance of Protection Order?
The Barangay Chairperson has the power to provide the following reliefs:
a) prohibit the respondent from threatening to commit or committing,
personally or through another, any of the acts mentioned in Section 5 or
RA 9262;
b) prohibit the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner directly or
indirectly.

20. What if the respondent fails to remit and/or withhold or delay
remittance of support to the woman and/or her child, what
sanction will be imposed?”
If the failure or withholding or delay of the remittance is without
justifiable cause, it shall render the respondent or his employer liable
for indirect contempt of court.
If the offender is a law enforcement agent, how is he prohibited
from possession of his firearm after the protection order is
issued?
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 the matter.
How can respondent remove his personal effects from the
residence after the protection order is issued?
If respondent has to remove personal effects from the residence, the
court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until respondent has
gathered his things and escort respondent from the residence.

21. Is there a need for a decree of legal separation or annulment or
declaration of absolute nullity of marriage before any of the reliefs is
provided?
No. Any of the reliefs as provided shall be granted even in the absence of
a decree of legal separation or annulment or declaration of absolute
nullity of marriage.
What is the purpose of the relief granted under a protection order?
The relief granted under a protection should serve the purpose of
safeguarding the victim from further harm, minimizing any disruption in
the victim’s family daily life, and facilitating the opportunity and ability of
the victim to independently regain control over her life.
What should the Barangay Officials do when the victim or any
authorized person applies for a BPO?
When the victim or any authorized person applies for BPO, the barangay
officials should do the following:
a) Take the “salaysay” or statement under oath of the
victim/applicant. Be sure the date of commission of the
offense, place and a specific circumstances are in the
statement;

22. b) Allow a non-lawyer advocate to be with the victim during the
proceedings.
c) Do not allow the respondent/offender to be present during
the ex-parte proceedings.
d) Issue the BPO on the same day of application.
e) Assist the victim/applicant in applying for a Temporary
Protection Order with the court as soon as possible.
f) Serve the BPO on the respondent.
g) If the BPO is violated, file a criminal case for violation of RA
9262 in the Municipal Trial Court or Municipal Circuit Trial
Court. Penalty is thirty (30) days of imprisonment.

23. 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. 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 the
applicant for a protection order to compromise or abandon any of the
reliefs sought in the application for a protection order. Failure to comply
shall render the official or judge administratively liable. (Sec 33, RA
9262)
Is counseling and treatment of offenders allowed under the law?
Yes. The DSWD shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with anger
and emotional outburst and reforming their ways. When necessary, the
offender shall be ordered by the Court to submit to psychiatric treatment
of confinement.

24. Is there a penalty for not enforcing the TPOs and PPOs?
Yes. Violation is punishable with a fine ranging from five thousand pesos
(P 5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment
of six (6) months.
After the issuance of TPO, what comes next?
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 TPO shall include notice of
the date of the hearing on the merits of issuance of a PPO.
How many days should the hearing on the merits of issuance of
PPO be held?
The court shall 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 until the 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.

25. Until when is the PPO considered effective?
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.
How is the issuance of protection order prioritized?
Ex parte and adversarial hearings to determine the basis of the
applications for a protection order shall have priority over all other
proceedings. Barangay officials and the courts shall schedule and
conduct hearings on application for a protection order above all other
business and if necessary, suspend other proceedings in order to hear
application for a protection order.

26. What is the “confidentiality” rule under the law?
All records pertaining to cases of VAWC including those in the barangay shall be
confidential and all public officers and employees and public and private clinics or
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.
“Pursuant to Section 44 of Republic Act (RA) No. 9262, otherwise known as the Anti-Violence
Against Women and Their Children Act of 2004, and Section 63, Rule XI of the Rules and Regulations
Implementing RA 9262, the real name of the child-victim is withheld to protect his/her privacy. Fictitious
initials are used instead to represent him/her. Likewise, the personal circumstances or any other
information tending to establish or compromise his/her identity, as well as those of his/her immediate
family or household members shall not be disclosed.”
What is the penalty imposed for violation of “confidentiality” rule?
Any person who violates confidentiality of VAWC cases shall suffer the penalty of
one (1) year imprisonment and a fine of not more than Five Hundred Thousand
Pesos (P500,000.00).

27. What is the Inter-Agency Council of Violence Against Women and
Their Children (IAC-VAWC)?
The IAC-VAWC is an inter-agency body 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.
It shall be composed of the following agencies:
a) Department of Social Welfare and Development (DSWD)
b) National Commission on the Role of Filipino Women (NCRFW)
c) Civil Service Commission (CSC)
d) Commission on Human Rights (CHR)
e) Council for the Welfare of Children (CWC)
f) Department of Justice; (DOJ)
g) Department of Interior and Local Government (DILG);
h) Philippine National Police (PNP);
i) Department of Health (DOH);
j) Department of Education (DepEd);
k) Department of Labor and Employment (DOLE); and
l) National Bureau of Investigation (NBI)