Q and A threats of such acts, battery, assault,

coercion, harassment or arbitrary

deprivation of liberty.

RA 9262: the Anti-

Violence Against What are the acts of violence which are
Women and their covered under R.A. 9262?

Children Act of 2004 R.A. 9262 covers several acts of violence,

which are:
Frequently Asked Questions
 Physical Violence – acts that include
bodily or physical harm (battery)
 causing/threatening/attempting to
cause physical harm to the
woman or her child;
What is RA9262 or the Anti-Violence  placing the woman or her child in
Against Women and Their Children Act fear of imminent physical harm
of 2004?  Sexual Violence – the acts which are
sexual in nature committed against a
It is a law the seeks to address the woman or her child. It includes, but is
not limited to:
prevalence of violence against women and
 Rape, sexual harassment, acts of
their children (VAWC) by their intimate
lasciviousness, treating a woman
partners like their husband or ex-husband, or her child as a sex object,
live-in partner or former live-in partner,  making demeaning and sexually
boyfriend/girlfriend or ex-boyfriend/ex- suggestive remarks, physically
girlfriend, dating partner or former dating attacking the sexual parts of the
partner. 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,
What is Violence Against Women and forcing the wife and
Their Children under RA9262? mistress/lover to live in the
conjugal home or sleep together
It refers to any act or a series of acts in the same room with the
committed by an intimate partner (husband, abuser.
ex-husband, live-in partner,  Causing or attempting to make
boyfriend/girlfriend, fiance, who the woman the woman or her child to perform
sexual acts (that do not constitute
had sexual/dating relationship):
Rape) by use of force, threats,
intimidation directed against the
 against a woman who is his wife, former woman, her child, or her
wife; immediate family.
 against a woman with whom the person  Prostituting the woman or her
has or had a sexual or dating child.
relationship, 
 Psychological Violence – Acts or
 against a women with whom he has a omissions causing or likely to cause
common child; mental or emotional suffering of the
 against her child whether legitimate or victim which includes, but is not limited
illegitimate within or without the family to the following:
abode,   Controlling or restricting the
woman’s or her child’s movement
Of which results in or is likely to result in or conduct
physical, sexual, psychological harm or  Threatening to or actually
suffering or economic abuse including depriving the woman or
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 her child of custody or wherein the other spouse/partner
access to her/his family; objects on valid, serious and
 Depriving or threatening to moral grounds as defined in
deprive the woman or her Article 73 of the Family Code;
child of a legal right;  Controlling the woman’s own
 Causing mental or emotional money or property; or solely
anguish, public ridicule or controlling the conjugal or
humiliation to the woman or her common money/properties;
child, e.g. repeated verbal and  Destroying household property;
emotional abuse, and denial of
financial support or custody or
minor children or denial of access
to the woman’s child/children Define children as used under R.A. 9262.
 Threatening or actually inflicting
physical harm on oneself for the “Children” refers to those below eighteen
purpose of controlling the (18) years of age or older but are incapable
woman’s actions or decisions; of taking care of themselves as defined
 It includes causing or allowing the under Republic Act No. 7610. As used in
victim to witness the physical, this Act, it includes the biological children of
sexual or psychological abuse of
the victim and other children under her
a member of the family to which
the victim belongs, or to witness
care.
pornography in any form or to
witness abusive injury to pets or
to unlawful or unwanted
deprivation of the right to custody
and/or visitation of common Define dating relationship as used under
children. R.A. 9262.
 Causing substantial emotional or
psychological distress to the It is a situation wherein the parties live as
woman or her child:  husband and wife without the benefit of
 Stalking or following the marriage or are romantically involved over
woman or her child in time and on a continuing basis during the
public or private places;  course of the relationship. A casual
 Peering in the window or acquaintance or ordinary socialization
lingering outside the between two individuals in a business or
residence or the woman or social context is not a dating relationship.
her child; 
 Entering or remaining in
the dwelling or on the
property of the woman or
her child against her/his Define sexual relations as used under
will;  R.A. 9262.
 Destroying the property
and personal belongings It refers to a single sexual act which may or
or inflicting harm to
may not result in the bearing of a common
animals or pets of the
woman or her child;  child.
 Engaging in any form of
harassment or violence
 Economic Abuse – Acts that make or
attempt to make a woman financially
Define “Battered Woman Syndrome” as
dependent upon her abuser, which
includes, but is not limited to the used under R.A. 9262
following: 
 Preventing the woman from It refers to a scientifically defined pattern of
engaging in any legitimate psychological and behavioral symptoms
profession, occupation, business found in battered women as a result of a
or activity except in cases long history of abuse.

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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 What can women and children do under
Syndrome (BWS). Any victim who suffers R.A. 9262? 
from BWS should be diagnosed by a
Psychiatric expert or a clinical psychologist. Under the law, the offended party may file a
This will also help the victim in obtaining a criminal action, or apply for a Protection
just decision in her case. The law does not Order either as an independent action or as
allow the offender to have custody of minor an incident in civil or criminal action and
children. Their care is entrusted to the other remedies.
woman even if she is found to have BWS.

Who may file a complaint under R.A.

Who are the persons protected by R.A. 9262?
9262?
Any citizen having personal knowledge of
The law recognizes the unequal relations the circumstances involving the
between a man and a woman in an abusive commission of the crime may file a
relationship where the woman is usually at complaint because violence against women
a disadvantage. and their children is considered
a PUBLIC crime. 
The following are the persons who are
protected by R.A. 9262: 

 Wife 
Where should cases for VAWC be filed?
 Former Wife 
 A woman with whom the offender has or
Cases may be filed in the Regional Trial
had sexual relations with 
 A woman with whom the offender has a
Court designated as FAMILY COURT of
common child with  the place where the crime was committed.
 The legitimate or illegitimate child of the These courts have original and exclusive
woman within or without the family jurisdiction over these cases.
abode

Is VAWC committed by men alone? What are the penalties for committing
VAWC? 
Women can also be liable under the law.
These are the lesbian partners/girlfriends or Offenders proven in court to be guilty of the
former partners of the victim with whom she crime shall be penalized with: imprisonment
has or had a sexual or dating relationship.  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 if the male spouse/partner

complains about abuses committed by
his wife/partner? 
What is the prescriptive period for a
He may file a complaint or case under the complainant to file a complaint?
Revised Penal Code.

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The criminal complaint may be filed within in any sexual activity which does
twenty (20) years from the occurrence or not constitute rape, by force or
commission for the following acts: threat of force, physical harm, or
through intimidation directed
 Causing physical harm to the woman or against the woman or her child or
her child her/his immediate family
 Threatening to cause the woman or her  Engaging in purposeful, knowing,
child physical harm or reckless conduct, personally or
 Attempting to cause the woman or her through another that alarms or
child physical harm causes substantial emotional or
psychological distress to the
 Placing the woman or her child in fear of
woman or her child. This shall
imminent physical harm
include, but not be limited to the
 Attempting to compel or compelling the
following acts:
woman or her child to engage in conduct
 Stalking or following the
which the woman or her child has the
woman or her child in
right to desist from or to desist from
public or private places
conduct which the woman or her child
has the right to engage in, or attempting  Peering in the window or
to restrict or restricting the woman’s or lingering outside the
her child’s freedom of movement or residence of the woman or
conduct by force or threat of force, her child
physical or other harm or threat of  Entering or remaining in
physical or other harm, or intimidation the dwelling or on the
directed against the woman or her child. property of the woman or
This shall include, but not limited to, the her child against her/his
following acts committed with the will
purpose or effect of controlling or  Destroying the property
restricting the woman’s or her child’s and personal belongings
movement or conduct: or inflicting harm to
 Threatening to deprive or actually animals or pets of the
depriving the woman or her child woman or her child
of custody or access to her/his  Engaging in any form of
family harassment or violence
 Depriving or threatening to  Causing mental or emotional
deprive the woman or her anguish, public ridicule or
children of financial support humiliation to the woman or her
legally due her or her family, or child, including, but not limited to,
deliberately providing the repeated verbal and emotional
woman’s children insufficient abuse, and denial of financial
financial support support or custody of minor
 Depriving or threatening to children or denial of access to the
deprive the woman or her child of woman’s child/children.
a legal right
 Preventing the woman in
engaging in any legitimate
profession, occupation, business What is a protection order?
or activity, or controlling the
victim’s own money or properties, A protection order is an order issued under
or solely controlling the conjugal this act for the purpose of preventing further
or common money, or properties acts of violence against women or her child.
 Inflicting or threatening to inflict physical And granting other relief as may be
harm on oneself for the purpose of needed. The relief granted under a
controlling her actions or decisions protection order serve the purpose of
 The criminal complaint may be filed safeguarding the victim from further harm,
within ten (10) years from the minimizing any disruption in the victim’s
occurrence or commission for the daily life, and facilitating the opportunity and
following acts: ability of the victim to independently regain
 Causing or attempting to cause control of her life. The provisions of the
the woman or her child to engage
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protection order shall be enforced by law Section 409 of the Local Government Code
enforcement agencies. of 1991.

What are the various kinds of protection Who may file a Petition for Protection
orders? Orders?

The various kinds of protection orders are: A petition for Protection Order may be filed
by the following:
 Barangay Protection Orders
(BPO) refer to the protection order  The offended party
issued by the Punong Barangayordering  The parents or guardians of the
the perpetrator to desist from committing offended party
acts under Section 5 (a) and (b) of R.A.  The ascendants, descendants or
9262. BPO shall be effective for 15 collateral relatives within the fourth civil
days. degree of consanguinity or affinity
 Temporary Protection Orders  Officers or social workers of the DSWD
(TPO) refers to the protection order or social workers of local government
issued by the court on the date of the units (LGUs)
filing of the application after ex  Police officers, preferably those in
parte determination that such order charge of women and children’s desks
should be issued. The court may grant  Punong Barangay or Barangay
in a TPO any, some or all of the reliefs Kagawad
mentioned in R.A. 9262 and shall be  Lawyer, counselor, therapist or
effective for thirty (30) days. The court healthcare provider of the petitioner
shall order the immediate personal
 At least two (2) concerned responsible
service of the TPO on the respondent by
citizens of the city or municipality where
the court sheriff who may obtain the
the violence against women and their
assistance of law enforcement agents
children occurred and who has personal
for the service.
knowledge of the offense committed
 Permanent Protection Order
(PPO) refers to the protection order
issued by the court after notice and
hearing. The court shall not deny the
How can I apply for a protection order?
issuance of protection order on the basis
of the lapse of time between the act of
violence and the filing of the application. The application of the Protection Order
PPO shall be effective until revoked by must be in writing, signed and verified
the court upon application of the person under oath by the applicant. A standard
in whose favor it was issued. protection order application form, written in
English with translation to the major
languages, which is readily available, shall
contain the following information:
Where can I apply for a protection
order?  Names and addresses of the petitioner
and the respondent
Application for a protection may be filed  Description of relationships between the
with the appropriate Regional Trial petitioner and respondent
Court/Family Court or Municipal Court  Statement of the circumstances of
where the petitioner resides in case of abuse
Temporary Protection Order (TPO) and  Description of the reliefs requested by
Permanent Protection Order (PPO), the petitioner
respectively. Barangay Protection Order  Request for counsel and reasons for
may be applied for in the Barangay where such
the applicant resides or in accordance with  Request for waiver of application fees
until hearing

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  An attestation that there is no pending the filing of a VAW case for “psychological
application for a protection order in violence”.
another court

What can the woman do if the barangay My boyfriend has been hurting me every
official failed or refused to issue the time we fight and even threatens to kill
BPO within 24 hours from application? me. Can I file a case against him for
VAW?
 She can file an administrative complaint
against the barangay official for failure to Yes. Physical violence against the woman
perform his/her duties. The complaint as well as threatening to inflict physical
must be filed with the Sangguniang harm on a woman for the purpose of
Panglunsod or Bayan.
controlling her actions or decisions is
 She can go to the police station to
deemed as an act of violence against
complain against the perpetrator.
women.
 She can go to the Clerk of Court of the
Family Court where she lives and
request assistance in filing for a
Protection Order.
My ex-husband has stopped giving me
and our daughter support since 2009.
Where can the protection order be Can I file a case against him for VAW?
enforced?
Yes, you may file a case for VAW against
The Temporary Protection Order and the him as his act of withdrawing financial
Permanent Protection Order are support. His act of refusing to give financial
enforceable anywhere in the Philippines. support to you or your daughter constitutes
“Economic Abuse.”

Can the barangay officials mediate or

conciliate? I have been in an abusive relationship
for quite some time. Can I file a case
No. Conciliation and mediation of acts of against him considering his abuse was
violence against women and their children irregular? 
are not allowed under this law Sec. 33, R.A.
9262 amended sections 410-413 of the Yes, you can file a case against him. A
Local Government Code. The barangay woman who had a sexual or dating
officials, police or social workers should not relationship with her assailant and whom
attempt to mediate or influence the woman the assailant has a common child may file a
to give up her legal action or application for case against the latter for physical violence.
a BPO, TPO or PPO.

I am a lesbian and I have been in an

My husband had been cheating on me abusive relationship with another
for over three years now with various woman since 2009. Can I file a case
women. Is there a way I can apply VAW against her, even though she is a
in filing a case against him? woman?

The acts of your husband cheating on you Acts of violence covered by VAW may be
have caused you mental and emotional committed by any person with whom the
suffering. Such acts may be a ground for victim has an intimate relationship with like
6
the woman’s husband, ex-husband, live-in As a Battered Woman, is there a chance
partner, ex-live-in partner, boyfriend, ex- I might lose custody of my children? 
boyfriend, girlfriend, ex-girlfriend, etc., Thus
the offense may be committed by a man or No, suffering from Battered Woman
a woman with whom the victim has or had a Syndrome will not automatically disqualify
sexual relationship with. you from having custody of your children
unless the court has some other compelling
reasons not to award custody of the
children to you.

I am a husband who has been mentally,

verbally and emotionally abused by my
wife. Can I file a case against my wife
using VAW?  If custody of my children is not awarded
to me, is there any chance that they
No. VAWC has been primarily meant for might be given to my husband? 
the protection of women and children. It
cannot be used by men to charge their No. VAWC explicitly states that in no case
wives or partners. You may file a complaint shall the custody of the children will be
or case under the Revised Penal Code.  given to the perpetrator of the battered
woman syndrome 

I have 3 minor children with my

husband. I wish to file a case against What is the liability of a news reporter
him. What would be the impact upon my covering a pending court case for
children, esp. if he asks for custody?  violation of the Anti-VAWC Act if he or
she includes in the TV report the name
As a victim of violence, you are entitled to and face of the woman, and other
the custody of your three children. The information without her consent? 
woman victim of violence shall be entitled
to the custody and support of her The reporter can be liable for contempt of
child/children. Children below seven (7) court. All records pertaining to cases of
years old or older with mental or physical VAWC are confidential. The court may also
disabilities shall automatically be given to impose a penalty of one (1) year
the mother, with right to support, unless the imprisonment and a fine not more than Five
court finds compelling reasons to order Hundred Thousand Pesos (P500,000.00).
otherwise. (Section 28 of the R.A. 9262).

I’ve been running in fear from my

husband for 3 months because he
threatened to kill me. What can I do? 

If you have been threatened, you may

apply for a Barangay Protection Order
(BPO) from the barangay of your place of
residence. The application must be in
writing, signed and verified and it will be
effective for fifteen days.

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 I am not against men’s protection.
However, if indeed they need it, then
they should speak up and tell their
stories. Women braved the social
stigma that comes with opening up
because they need the law and got it.
If a law to protect men is now needed,
Unfair to men?
then let the men articulate what kind
Actually, this “equal protection for of protection they need. The problem
men” issue has been a contentious must first be articulated, studied, and
point before and after the passage analyzed for the solution to become
of this act. responsive and effective.
No, The act is worded for women
because it is men, most of the time
are the perpetrators of this violence.
In the Philippines, the VAWC law came
into being because of all the studies, The act is not unfair to men, it simply
actual women were bravely stood up seeks to punish those men who break
to tell their experiences of abuse… the law, who commit violence against
and there is no statistics records of women, and who do not conform to
abuses against men as the authorities society's law abiding standards.
only recorded the number of women
who complained against domestic
abuse from the Women and Children’s
Concern Division and from the
Women’s Help Desk in each police
station and Barangay. 
This is where the principle of equity
comes in. The type of protection
accorded by law should be based on
need.

And I think the reason of men is that

They prefer to keep it confidential.
They have their pride, and they do not
want to come out publicly.