Ra 9262
Ra 9262
Ra 9262
9262
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR
CHILDREN ACT OF 2004
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.
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;
“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.
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;
What does “public crime” mean?
Any citizen who has personal knowledge of the crime can file a
criminal complaint.
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.
How is “economic abuse” committed?
“Battery” refers to an act of inflicting physical harm upon the woman or her
child resulting to physical and psychological or emotional distress.
What if the woman or her child is pregnant, how is the penalty imposed?
If the acts are committed while the woman or her child is pregnant, the penalty to
be applied shall be the maximum period of penalty prescribed in Section 6.
What if the acts are committed in the presence of the woman’s child?
If the acts are committed in the presence of the woman’s child, the penalty to be
applied shall be the maximum period of penalty prescribed in Section 6.
Victims-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 Revised
Penal code. In the determination of the state of mind of the woman who was
suffering from battered woman syndrome at the time of the commission of crime,
the courts shall be assisted by expert psychiatrists/psychologists.
What is the fine imposed on the offender of VAWC?
The Regional Trial Court (RTC) designated as Family Court shall have
original and exclusive jurisdiction over cases of violence against
women and their children under RA 9262. In the absence of court in
the place where the offense was committed, the complainant has the
option to file the case in the Regional Trial Court where the crime or
any of its element was committed.
How Is “Protection Order” Defined?
When disclosure of the address of the victim will pose danger to her life,
its shall be so stated in the application.
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.
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.
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.
When called upon to respond to VAWC cases, the duties of law enforcers
are the following:
No. They are exempt from civil, criminal or administrative liability when
they respond or intervene without using violence or restraint greater
than necessary to ensure the safety of the victim. Even private
individuals who intervene to help the victim is exempt from civil and
criminal liability.
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).
What is the Inter-Agency Council of Violence Against Women and
Their Children (IAC-VAWC)?