Republic Act No.

9262             March 08, 2004 and indecent shows or forcing the

woman or her child to do indecent acts
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR and/or make films thereof, forcing the
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, wife and mistress/lover to live in the
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES conjugal home or sleep together in the
same room with the abuser;
Be it enacted by the Senate and House of Representatives of the
Philippine Congress Assembled: b) acts causing or attempting to cause
the victim to engage in any sexual
SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence activity by force, threat of force,
Against Women and Their Children Act of 2004". physical or other harm or threat of
physical or other harm or coercion;
SECTION 2. Declaration of Policy.- It is hereby declared that the State
values the dignity of women and children and guarantees full c) Prostituting the woman or child.
respect for human rights. The State also recognizes the need to
protect the family and its members particularly women and children, C. "Psychological violence" refers to acts or
from violence and threats to their personal safety and security. omissions causing or likely to cause mental or
emotional suffering of the victim such as but not
Towards this end, the State shall exert efforts to address violence limited to intimidation, harassment, stalking,
committed against women and children in keeping with the damage to property, public ridicule or
fundamental freedoms guaranteed under the Constitution and the humiliation, repeated verbal abuse and mental
Provisions of the Universal Declaration of Human Rights, the infidelity. It includes causing or allowing the
convention on the Elimination of all forms of discrimination Against victim to witness the physical, sexual or
Women, Convention on the Rights of the Child and other psychological abuse of a member of the family to
international human rights instruments of which the Philippines is a which the victim belongs, or to witness
party. pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted
SECTION 3. Definition of Terms.- As used in this Act, deprivation of the right to custody and/or
visitation of common children.

(a) "Violence against women and their children" refers to

any act or a series of acts committed by any person against D. "Economic abuse" refers to acts that make or
a woman who is his wife, former wife, or against a woman attempt to make a woman financially dependent
with whom the person has or had a sexual or dating which includes, but is not limited to the
relationship, or with whom he has a common child, or following:
against her child whether legitimate or illegitimate, within
or without the family abode, which result in or is likely to 1. withdrawal of financial support or
result in physical, sexual, psychological harm or suffering, preventing the victim from engaging in
or economic abuse including threats of such acts, battery, any legitimate profession, occupation,
assault, coercion, harassment or arbitrary deprivation of business or activity, except in cases
liberty. It includes, but is not limited to, the following acts: wherein the other spouse/partner
objects on valid, serious and moral
A. "Physical Violence" refers to acts that include grounds as defined in Article 73 of the
bodily or physical harm; Family Code;

B. "Sexual violence" refers to an act which is 2. deprivation or threat of deprivation

sexual in nature, committed against a woman or of financial resources and the right to
her child. It includes, but is not limited to: the use and enjoyment of the conjugal,
community or property owned in
common;
a) rape, sexual harassment, acts of
lasciviousness, treating a woman or
her child as a sex object, making 3. destroying household property;
demeaning and sexually suggestive
remarks, physically attacking the sexual 4. controlling the victims' own money
parts of the victim's body, forcing or properties or solely controlling the
her/him to watch obscene publications conjugal money or properties.
 (b) "Battery" refers to an act of inflicting physical harm (d) Placing the woman or her child in fear of imminent
upon the woman or her child resulting to the physical and physical harm;
psychological or emotional distress.
(e) Attempting to compel or compelling the woman or her
(c) "Battered Woman Syndrome" refers to a scientifically child to engage in conduct which the woman or her child
defined pattern of psychological and behavioral symptoms has the right to desist from or desist from conduct which
found in women living in battering relationships as a result the woman or her child has the right to engage in, or
of cumulative abuse. attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or threat
(d) "Stalking" refers to an intentional act committed by a of force, physical or other harm or threat of physical or
person who, knowingly and without lawful justification other harm, or intimidation directed against the woman or
follows the woman or her child or places the woman or child. This shall include, but not limited to, the following
her child under surveillance directly or indirectly or a acts committed with the purpose or effect of controlling or
combination thereof. restricting the woman's or her child's movement or
conduct:
(e) "Dating relationship" refers to a situation wherein the
parties live as husband and wife without the benefit of (1) Threatening to deprive or actually depriving
marriage or are romantically involved over time and on a the woman or her child of custody to her/his
continuing basis during the course of the relationship. A family;
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating (2) Depriving or threatening to deprive the
relationship. woman or her children of financial support
legally due her or her family, or deliberately
(f) "Sexual relations" refers to a single sexual act which providing the woman's children insufficient
may or may not result in the bearing of a common child. financial support;

(g) "Safe place or shelter" refers to any home or institution (3) Depriving or threatening to deprive the
maintained or managed by the Department of Social woman or her child of a legal right;
Welfare and Development (DSWD) or by any other agency
or voluntary organization accredited by the DSWD for the (4) Preventing the woman in engaging in any
purposes of this Act or any other suitable place the legitimate profession, occupation, business or
resident of which is willing temporarily to receive the activity or controlling the victim's own mon4ey
victim. or properties, or solely controlling the conjugal
or common money, or properties;
(h) "Children" refers to those below eighteen (18) years of
age or older but are incapable of taking care of themselves (f) Inflicting or threatening to inflict physical harm on
as defined under Republic Act No. 7610. As used in this oneself for the purpose of controlling her actions or
Act, it includes the biological children of the victim and decisions;
other children under her care.
(g) Causing or attempting to cause the woman or her child
SECTION 4. Construction.- This Act shall be liberally construed to to engage in any sexual activity which does not constitute
promote the protection and safety of victims of violence against rape, by force or threat of force, physical harm, or through
women and their children. intimidation directed against the woman or her child or
her/his immediate family;
SECTION 5. Acts of Violence Against Women and Their Children.- The
crime of violence against women and their children is committed (h) Engaging in purposeful, knowing, or reckless conduct,
through any of the following acts: personally or through another, that alarms or causes
substantial emotional or psychological distress to the
(a) Causing physical harm to the woman or her child; woman or her child. This shall include, but not be limited
to, the following acts:
(b) Threatening to cause the woman or her child physical
harm; (1) Stalking or following the woman or her child
in public or private places;
(c) Attempting to cause the woman or her child physical
harm;
 (2) Peering in the window or lingering outside (f) Acts falling under Section 5(h) and Section 5(i) shall be
the residence of the woman or her child; punished by prision mayor.

(3) Entering or remaining in the dwelling or on If the acts are committed while the woman or child is
the property of the woman or her child against pregnant or committed in the presence of her child, the
her/his will; penalty to be applied shall be the maximum period of
penalty prescribed in the section.
(4) Destroying the property and personal
belongings or inflicting harm to animals or pets In addition to imprisonment, the perpetrator shall (a) pay a
of the woman or her child; and fine in the amount of not less than One hundred thousand
pesos (P100,000.00) but not more than three hundred
(5) Engaging in any form of harassment or thousand pesos (300,000.00); (b) undergo mandatory
violence; psychological counseling or psychiatric treatment and shall
report compliance to the court.
(i) Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not SECTION 7. Venue.- The Regional Trial Court designated as a Family
limited to, repeated verbal and emotional abuse, and Court shall have original and exclusive jurisdiction over cases of
denial of financial support or custody of minor children of violence against women and their children under this law. In the
access to the woman's child/children. absence of such court in the place where the offense was
committed, the case shall be filed in the Regional Trial Court where
SECTION 6. Penalties.- The crime of violence against women and the crime or any of its elements was committed at the option of the
their children, under Section 5 hereof shall be punished according to compliant.
the following rules:
SECTION 8. Protection Orders.- A protection order is an order issued
(a) Acts falling under Section 5(a) constituting attempted, under this act for the purpose of preventing further acts of violence
frustrated or consummated parricide or murder or against a woman or her child specified in Section 5 of this Act and
homicide shall be punished in accordance with the granting other necessary relief. The relief granted under a protection
provisions of the Revised Penal Code. order serve the purpose of safeguarding the victim from further
harm, minimizing any disruption in the victim's daily life, and
If these acts resulted in mutilation, it shall be punishable in facilitating the opportunity and ability of the victim to independently
accordance with the Revised Penal Code; those regain control over her life. The provisions of the protection order
constituting serious physical injuries shall have the penalty shall be enforced by law enforcement agencies. The protection
of prison mayor; those constituting less serious physical orders that may be issued under this Act are the barangay
injuries shall be punished by prision correccional; and protection order (BPO), temporary protection order (TPO) and
those constituting slight physical injuries shall be punished permanent protection order (PPO). The protection orders that may
by arresto mayor. be issued under this Act shall include any, some or all of the
following reliefs:

Acts falling under Section 5(b) shall be punished by

imprisonment of two degrees lower than the prescribed (a) Prohibition of the respondent from threatening to
penalty for the consummated crime as specified in the commit or committing, personally or through another, any
preceding paragraph but shall in no case be lower than of the acts mentioned in Section 5 of this Act;
arresto mayor.
(b) Prohibition of the respondent from harassing,
(b) Acts falling under Section 5(c) and 5(d) shall be annoying, telephoning, contacting or otherwise
punished by arresto mayor; communicating with the petitioner, directly or indirectly;

(c) Acts falling under Section 5(e) shall be punished by (c) Removal and exclusion of the respondent from the
prision correccional; residence of the petitioner, regardless of ownership of the
residence, either temporarily for the purpose of protecting
the petitioner, or permanently where no property rights
(d) Acts falling under Section 5(f) shall be punished by
are violated, and if respondent must remove personal
arresto mayor;
effects from the residence, the court shall direct a law
enforcement agent to accompany the respondent has
(e) Acts falling under Section 5(g) shall be punished by
gathered his things and escort respondent from the
prision mayor;
residence;
(d) Directing the respondent to stay away from petitioner Any of the reliefs provided under this section shall be
and designated family or household member at a distance granted even in the absence of a decree of legal separation
specified by the court, and to stay away from the or annulment or declaration of absolute nullity of
residence, school, place of employment, or any specified marriage.
place frequented by the petitioner and any designated
family or household member; The issuance of a BPO or the pendency of an application
for BPO shall not preclude a petitioner from applying for,
(e) Directing lawful possession and use by petitioner of an or the court from granting a TPO or PPO.
automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law SECTION 9. Who may file Petition for Protection Orders. – A petition
enforcement officer to accompany the petitioner to the for protection order may be filed by any of the following:
residence of the parties to ensure that the petitioner is
safely restored to the possession of the automobile and (a) the offended party;
other essential personal effects, or to supervise the
petitioner's or respondent's removal of personal (b) parents or guardians of the offended party;
belongings;

(c) ascendants, descendants or collateral relatives within

(f) Granting a temporary or permanent custody of a the fourth civil degree of consanguinity or affinity;
child/children to the petitioner;
(d) officers or social workers of the DSWD or social
(g) Directing the respondent to provide support to the workers of local government units (LGUs);
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall
(e) police officers, preferably those in charge of women
order an appropriate percentage of the income or salary of
and children's desks;
the respondent to be withheld regularly by the
respondent's employer for the same to be automatically
(f) Punong Barangay or Barangay Kagawad;
remitted directly to the woman. Failure to remit and/or
withhold or any delay in the remittance of support to the
(g) lawyer, counselor, therapist or healthcare provider of
woman and/or her child without justifiable cause shall
the petitioner;
render the respondent or his employer liable for indirect
contempt of court;
(h) At least two (2) concerned responsible citizens of the
city or municipality where the violence against women and
(h) Prohibition of the respondent from any use or
their children occurred and who has personal knowledge
possession of any firearm or deadly weapon and order him
of the offense committed.
to surrender the same to the court for appropriate
disposition by the court, including revocation of license
and disqualification to apply for any license to use or SECTION 10. Where to Apply for a Protection Order. – Applications
possess a firearm. If the offender is a law enforcement for BPOs shall follow the rules on venue under Section 409 of the
agent, the court shall order the offender to surrender his Local Government Code of 1991 and its implementing rules and
firearm and shall direct the appropriate authority to regulations. An application for a TPO or PPO may be filed in the
investigate on the offender and take appropriate action on regional trial court, metropolitan trial court, municipal trial court,
matter; municipal circuit trial court with territorial jurisdiction over the place
of residence of the petitioner: Provided, however, That if a family
court exists in the place of residence of the petitioner, the
(i) Restitution for actual damages caused by the violence
application shall be filed with that court.
inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
SECTION 11. How to Apply for a Protection Order. – The application
for a protection order must be in writing, signed and verified under
(j) Directing the DSWD or any appropriate agency to
oath by the applicant. It may be filed as an independent action or as
provide petitioner may need; and
incidental relief in any civil or criminal case the subject matter or
issues thereof partakes of a violence as described in this Act. A
(k) Provision of such other forms of relief as the court
standard protection order application form, written in English with
deems necessary to protect and provide for the safety of
translation to the major local languages, shall be made available to
the petitioner and any designated family or household
facilitate applications for protections order, and shall contain,
member, provided petitioner and any designated family or
among other, the following information:
household member consents to such relief.
 (a) names and addresses of petitioner and respondent; However, a private counsel offering free legal service is not barred
from representing the petitioner.
(b) description of relationships between petitioner and
respondent; SECTION 14. Barangay Protection Orders (BPOs); Who May Issue
and How. -  Barangay Protection Orders (BPOs) refer to the
(c) a statement of the circumstances of the abuse; protection order issued by the Punong Barangay ordering the
perpetrator to desist from committing acts under Section 5 (a) and
(d) description of the reliefs requested by petitioner as (b) of this Act. A Punong Barangay who receives applications for a
specified in Section 8 herein; BPO shall issue the protection order to the applicant on the date of
filing after ex parte  determination of the basis of the application. If
(e) request for counsel and reasons for such; 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
(f) request for waiver of application fees until hearing; and
must be accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay  was unavailable at the time for
(g) an attestation that there is no pending application for a
the issuance of the BPO. BPOs shall be effective for fifteen (15) days.
protection order in another court.
Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the
If the applicants is not the victim, the application must be same on the respondent, or direct any barangay official to effect is
accompanied by an affidavit of the applicant attesting to (a) the
personal service.
circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filling of the
The parties may be accompanied by a non-lawyer advocate in any
application. When disclosure of the address of the victim will pose
proceeding before the Punong Barangay.
danger to her life, it shall be so stated in the application. In such a
case, the applicant shall attest that the victim is residing in the
SECTION 15. Temporary Protection Orders. –  Temporary Protection
municipality or city over which court has territorial jurisdiction, and
Orders (TPOs) refers to the protection order issued by the court on
shall provide a mailing address for purpose of service processing.
the date of filing of the application after ex parte determination that
such order should be issued. A court may grant in a TPO any, some
An application for protection order filed with a court shall be
or all of the reliefs mentioned in this Act and shall be effective for
considered an application for both a TPO and PPO.
thirty (30) days. 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
Barangay officials and court personnel shall assist applicants in the
court shall order the immediate personal service of the TPO on the
preparation of the application. Law enforcement agents shall also respondent by the court sheriff who may obtain the assistance of
extend assistance in the application for protection orders in cases
law enforcement agents for the service. The TPO shall include notice
brought to their attention. of the date of the hearing on the merits of the issuance of a PPO.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs

SECTION 16. Permanent Protection Orders. – Permanent Protection
issued under this Act shall be enforceable anywhere in the Order (PPO) refers to protection order issued by the court after
Philippines and a violation thereof shall be punishable with a fine
notice and hearing.
ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand
Pesos (P50,000.00) and/or imprisonment of six (6) months.
Respondents non-appearance despite proper notice, or his lack of a
lawyer, or the non-availability of his lawyer shall not be a ground for
SECTION 13. Legal Representation of Petitioners for Protection rescheduling or postponing the hearing on the merits of the issuance
Order. – If the woman or her child requests in the applications for a
of a PPO. If the respondents appears without counsel on the date of
protection order for the appointment of counsel because of lack of the hearing on the PPO, the court shall appoint a lawyer for the
economic means to hire a counsel de parte, the court shall
respondent and immediately proceed with the hearing. In case the
immediately direct the Public Attorney's Office (PAO) to represent respondent fails to appear despite proper notice, the court shall
the petitioner in the hearing on the application. If the PAO
allow ex parte presentation of the evidence by the applicant and
determines that the applicant can afford to hire the services of a render judgment on the basis of the evidence presented. The court
counsel de parte, it shall facilitate the legal representation of the
shall allow the introduction of any history of abusive conduct of a
petitioner by a counsel de parte. The lack of access to family or respondent even if the same was not directed against the applicant
conjugal resources by the applicant, such as when the same are
or the person for whom the applicant is made.
controlled by the perpetrator, shall qualify the petitioner to legal
representation by the PAO.
The court shall, to the extent possible, 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 the criminal or civil action that the offended party may file for any of the
TPO for a period of thirty (30) days at each particular time until final acts committed.
judgment is issued. The extended or renewed TPO may be modified
by the court as may be necessary or applicable to address the needs A judgement of violation of a BPO ma be appealed according to the
of the applicant. Rules of Court. During trial and upon judgment, the trial court may
motu proprio issue a protection order as it deems necessary without
The court may grant any, some or all of the reliefs specified in need of an application.
Section 8 hereof in a PPO. A PPO shall be effective until revoked by a
court upon application of the person in whose favor the order was Violation of any provision of a TPO or PPO issued under this Act shall
issued. The court shall ensure immediate personal service of the PPO constitute contempt of court punishable under Rule 71 of the Rules
on respondent. of Court, without prejudice to any other criminal or civil action that
the offended party may file for any of the acts committed.
The court shall not deny the issuance of protection order on the
basis of the lapse of time between the act of violence and the filing SECTION 22. Applicability of Protection Orders to Criminal Cases. –
of the application. The foregoing provisions on protection orders shall be applicable in
impliedly instituted with the criminal actions involving violence
Regardless of the conviction or acquittal of the respondent, the against women and their children.
Court must determine whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted as long as there is no SECTION 23. Bond to Keep the Peace. – The Court may order any
clear showing that the act from which the order might arise did not person against whom a protection order is issued to give a bond to
exist. keep the peace, to present two sufficient sureties who shall
undertake that such person will not commit the violence sought to
SECTION 17. Notice of Sanction in Protection Orders. – The following be prevented.
statement must be printed in bold-faced type or in capital letters on
the protection order issued by the Punong Barangay or court: Should the respondent fail to give the bond as required, he shall be
detained for a period which shall in no case exceed six (6) months, if
"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW." he shall have been prosecuted for acts punishable under Section 5(a)
to 5(f) and not exceeding thirty (30) days, if for acts punishable
SECTION 18. Mandatory Period For Acting on Applications For under Section 5(g) to 5(I).
Protection Orders  – Failure to act on an application for a protection
order within the reglementary period specified in the previous The protection orders referred to in this section are the TPOs and
section without justifiable cause shall render the official or judge the PPOs issued only by the courts.
administratively liable.
SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to
SECTION 19. Legal Separation Cases. – In cases of legal separation, 5(f) shall prescribe in twenty (20) years. Acts falling under Sections
where violence as specified in this Act is alleged, Article 58 of the 5(g) to 5(I) shall prescribe in ten (10) years.
Family Code shall not apply. The court shall proceed on the main
case and other incidents of the case as soon as possible. The hearing SECTION 25. Public Crime. – Violence against women and their
on any application for a protection order filed by the petitioner must children shall be considered a public offense which may be
be conducted within the mandatory period specified in this Act. prosecuted upon the filing of a complaint by any citizen having
personal knowledge of the circumstances involving the commission
SECTION 20. Priority of Application for a Protection Order. – Ex parte of the crime.
and adversarial hearings to determine the basis of applications for a
protection order under this Act shall have priority over all other SECTION 26. Battered Woman Syndrome as a Defense. – Victim-
proceedings. Barangay officials and the courts shall schedule and survivors who are found by the courts to be suffering from battered
conduct hearings on applications for a protection order under this woman syndrome do not incur any criminal and civil liability
Act above all other business and, if necessary, suspend other notwithstanding the absence of any of the elements for justifying
proceedings in order to hear applications for a protection order. circumstances of self-defense under the Revised Penal Code.

SECTION 21. Violation of Protection Orders. – A complaint for a In the determination of the state of mind of the woman who was
violation of a BPO issued under this Act must be filed directly with suffering from battered woman syndrome at the time of the
any municipal trial court, metropolitan trial court, or municipal commission of the crime, the courts shall be assisted by expert
circuit trial court that has territorial jurisdiction over the barangay psychiatrists/ psychologists.
that issued the BPO. Violation of a BPO shall be punishable by
imprisonment of thirty (30) days without prejudice to any other
SECTION 27. Prohibited Defense. – Being under the influence of imminent danger to the life or limb of the victim as defined
alcohol, any illicit drug, or any other mind-altering substance shall in this Act; and
not be a defense under this Act.
(h) immediately report the call for assessment or
SECTION 28. Custody of children. – The woman victim of violence assistance of the DSWD, social Welfare Department of
shall be entitled to the custody and support of her child/children. LGUs or accredited non-government organizations (NGOs).
Children below seven (7) years old older but with mental or physical
disabilities shall automatically be given to the mother, with right to Any barangay official or law enforcer who fails to report the incident
support, unless the court finds compelling reasons to order shall be liable for a fine not exceeding Ten Thousand Pesos
otherwise. (P10,000.00) or whenever applicable criminal, civil or administrative
liability.
A victim who is suffering from battered woman syndrome shall not
be disqualified from having custody of her children. In no case shall SECTION 31. Healthcare Provider Response to Abuse – Any
custody of minor children be given to the perpetrator of a woman healthcare provider, including, but not limited to, an attending
who is suffering from Battered woman syndrome. physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim of
SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors violence shall:
and court personnel should observe the following duties when
dealing with victims under this Act: (a) properly document any of the victim's physical,
emotional or psychological injuries;
a) communicate with the victim in a language understood
by the woman or her child; and (b) properly record any of victim's suspicions, observations
and circumstances of the examination or visit;
b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for (c) automatically provide the victim free of charge a
indigent litigants. medical certificate concerning the examination or visit;

SECTION 30. Duties of Barangay Officials and Law Enforcers. – (d) safeguard the records and make them available to the
Barangay officials and law enforcers shall have the following duties: victim upon request at actual cost; and

(a) respond immediately to a call for help or request for (e) provide the victim immediate and adequate notice of
assistance or protection of the victim by entering the rights and remedies provided under this Act, and services
necessary whether or not a protection order has been available to them.
issued and ensure the safety of the victim/s;
SECTION 32. Duties of Other Government Agencies and LGUs – Other
(b) confiscate any deadly weapon in the possession of the government agencies and LGUs shall establish programs such as, but
perpetrator or within plain view; not limited to, education and information campaign and seminars or
symposia on the nature, causes, incidence and consequences of such
(c) transport or escort the victim/s to a safe place of their violence particularly towards educating the public on its social
choice or to a clinic or hospital; impacts.

(d) assist the victim in removing personal belongs from the It shall be the duty of the concerned government agencies and LGU's
house; to ensure the sustained education and training of their officers and
personnel on the prevention of violence against women and their
(e) assist the barangay officials and other government children under the Act.
officers and employees who respond to a call for help;
SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay
(f) ensure the enforcement of the Protection Orders issued Kagawad or the court hearing an application for a protection order
by the Punong Barangy or the courts; shall not order, direct, force or in any way unduly influence he
applicant for a protection order to compromise or abandon any of
(g) arrest the suspected perpetrator wiithout a warrant the reliefs sought in the application for protection under this Act.
when any of the acts of violence defined by this Act is Section 7 of the Family Courts Act of 1997 and Sections 410, 411,
occurring, or when he/she has personal knowledge that 412 and 413 of the Local Government Code of 1991 shall not apply
any act of abuse has just been committed, and there is in proceedings where relief is sought under this Act.
Failure to comply with this Section shall render the official or judge (b) National Commission on the Role of Filipino Women
administratively liable. (NCRFW);

SECTION 34. Persons Intervening Exempt from Liability. –  In every (c) Civil Service Commission (CSC);
case of violence against women and their children as herein defined,
any person, private individual or police authority or barangay official (d) Commission on Human rights (CHR)
who, acting in accordance with law, responds or intervenes without
using violence or restraint greater than necessary to ensure the (e) Council for the Welfare of Children (CWC);
safety of the victim, shall not be liable for any criminal, civil or
administrative liability resulting therefrom. (f) Department of Justice (DOJ);

SECTION 35. Rights of Victims. – In addition to their rights under (g) Department of the Interior and Local Government
existing laws, victims of violence against women and their children (DILG);
shall have the following rights:

(h) Philippine National Police (PNP);

(a) to be treated with respect and dignity;

(i) Department of Health (DOH);

(b) to avail of legal assistance form the PAO of the
Department of Justice (DOJ) or any public legal assistance
(j) Department of Education (DepEd);
office;

(k) Department of Labor and Employment (DOLE); and

(c) To be entitled to support services form the DSWD and
LGUs'
(l) National Bureau of Investigation (NBI).

(d) To be entitled to all legal remedies and support as

These agencies are tasked to formulate programs and projects to
provided for under the Family Code; and
eliminate VAW based on their mandates as well as develop
capability programs for their employees to become more sensitive
(e) To be informed of their rights and the services available
to the needs of their clients. The Council will also serve as the
to them including their right to apply for a protection
monitoring body as regards to VAW initiatives.
order.

The Council members may designate their duly authorized

SECTION 36. Damages. –  Any victim of violence under this Act shall
representative who shall have a rank not lower than an assistant
be entitled to actual, compensatory, moral and exemplary damages.
secretary or its equivalent. These representatives shall attend
Council meetings in their behalf, and shall receive emoluments as
SECTION 37. Hold Departure Order. – The court shall expedite the may be determined by the Council in accordance with existing
process of issuance of a hold departure order in cases prosecuted budget and accounting rules and regulations.
under this Act.

SECTION 40. Mandatory Programs and Services for Victims. – The

SECTION 38. Exemption from Payment of Docket Fee and Other DSWD, and LGU's shall provide the victims temporary shelters,
Expenses. – If the victim is an indigent or there is an immediate provide counseling, psycho-social services and /or, recovery,
necessity due to imminent danger or threat of danger to act on an rehabilitation programs and livelihood assistance.
application for a protection order, the court shall accept the
application without payment of the filing fee and other fees and of
The DOH shall provide medical assistance to victims.
transcript of stenographic notes.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD

SECTION 39. Inter-Agency Council on Violence Against Women and
shall provide rehabilitative counseling and treatment to perpetrators
Their Children (IAC-VAWC).  In pursuance of the abovementioned
towards learning constructive ways of coping with anger and
policy, there is hereby established an Inter-Agency Council on
emotional outbursts and reforming their ways. When necessary, the
Violence Against Women and their children, hereinafter known as
offender shall be ordered by the Court to submit to psychiatric
the Council, which shall be composed of the following agencies:
treatment or confinement.

(a) Department of Social Welfare and Development

(DSWD);
SECTION 42. Training of Persons Involved in Responding to Violence SECTION 45. Funding – The amount necessary to implement the
Against Women and their Children Cases. – All agencies involved in provisions of this Act shall be included in the annual General
responding to violence against women and their children cases shall Appropriations Act (GAA).
be required to undergo education and training to acquaint them
with: The Gender and Development (GAD) Budget of the mandated
agencies and LGU's shall be used to implement services for victim of
a. the nature, extend and causes of violence against violence against women and their children.
women and their children;
SECTION 46. Implementing Rules and Regulations.  – Within six (6)
b. the legal rights of, and remedies available to, victims of months from the approval of this Act, the DOJ, the NCRFW, the
violence against women and their children; DSWD, the DILG, the DOH, and the PNP, and three (3)
representatives from NGOs to be identified by the NCRFW, shall
c. the services and facilities available to victims or promulgate the Implementing Rules and Regulations (IRR) of this
survivors; Act.

d. the legal duties imposed on police officers to make SECTION 47. Suppletory Application –  For purposes of this Act, the
arrest and to offer protection and assistance; and Revised Penal Code and other applicable laws, shall have suppletory
application.
e. techniques for handling incidents of violence against
women and their children that minimize the likelihood of SECTION 48. Separability Clause. – If any section or provision of this
injury to the officer and promote the safety of the victim Act is held unconstitutional or invalid, the other sections or
or survivor. provisions shall not be affected.

The PNP, in coordination with LGU's shall establish an education and SECTION 49. Repealing Clause – All laws, Presidential decrees,
training program for police officers and barangay officials to enable executive orders and rules and regulations, or parts thereof,
them to properly handle cases of violence against women and their inconsistent with the provisions of this Act are hereby repealed or
children. modified accordingly.

SECTION 43. Entitled to Leave. – Victims under this Act shall be SECTION 50. Effectivity – This Act shall take effect fifteen (15) days
entitled to take a paid leave of absence up to ten (10) days in from the date of its complete publication in at least two (2)
addition to other paid leaves under the Labor Code and Civil Service newspapers of general circulation.
Rules and Regulations, extendible when the necessity arises as
specified in the protection order.

Any employer who shall prejudice the right of the person under this
section shall be penalized in accordance with the provisions of the
Labor Code and Civil Service Rules and Regulations. Likewise, an
employer who shall prejudice any person for assisting a co-employee
who is a victim under this Act shall likewise be liable for
discrimination.

SECTION 44. 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 latter's consent,
shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one
(1) year imprisonment and a fine of not more than Five Hundred
Thousand pesos (P500,000.00).