Republic Act No.

9262 March 08, 2004 psychological harm or suffering, or economic abuse

including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty. It
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND includes, but is not limited to, the following acts:
THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER PURPOSES A. "Physical Violence" refers to acts that include bodily
or physical harm;

Be it enacted by the Senate and House of

Representatives of the Philippine Congress Assembled: B. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
SECTION 1. Short Title.- This Act shall be known as the
"Anti-Violence Against Women and Their Children Act of
2004". a) rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
SECTION 2. Declaration of Policy.- It is hereby declared attacking the sexual parts of the victim's body, forcing
that the State values the dignity of women and children her/him to watch obscene publications and indecent
and guarantees full respect for human rights. The State shows or forcing the woman or her child to do indecent
also recognizes the need to protect the family and its acts and/or make films thereof, forcing the wife and
members particularly women and children, from mistress/lover to live in the conjugal home or sleep
violence and threats to their personal safety and together in the same room with the abuser;
security.

b) acts causing or attempting to cause the victim to

Towards this end, the State shall exert efforts to address engage in any sexual activity by force, threat of force,
violence committed against women and children in physical or other harm or threat of physical or other
keeping with the fundamental freedoms guaranteed harm or coercion;
under the Constitution and the Provisions of the
Universal Declaration of Human Rights, the convention
on the Elimination of all forms of discrimination Against c) Prostituting the woman or child.
Women, Convention on the Rights of the Child and
other international human rights instruments of which
the Philippines is a party. C. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
SECTION 3. Definition of Terms.- As used in this Act, harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the
(a) "Violence against women and their children" refers victim to witness the physical, sexual or psychological
to any act or a series of acts committed by any person abuse of a member of the family to which the victim
against a woman who is his wife, former wife, or against belongs, or to witness pornography in any form or to
a woman with whom the person has or had a sexual or witness abusive injury to pets or to unlawful or
dating relationship, or with whom he has a common unwanted deprivation of the right to custody and/or
child, or against her child whether legitimate or visitation of common children.
illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual,
D. "Economic abuse" refers to acts that make or attempt socialization between two individuals in a business or
to make a woman financially dependent which includes, social context is not a dating relationship.
but is not limited to the following:

(f) "Sexual relations" refers to a single sexual act which

1. withdrawal of financial support or preventing the may or may not result in the bearing of a common child.
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein
the other spouse/partner objects on valid, serious and (g) "Safe place or shelter" refers to any home or
moral grounds as defined in Article 73 of the Family institution maintained or managed by the Department
Code; of Social Welfare and Development (DSWD) or by any
other agency or voluntary organization accredited by
the DSWD for the purposes of this Act or any other
2. deprivation or threat of deprivation of financial suitable place the resident of which is willing
resources and the right to the use and enjoyment of the temporarily to receive the victim.
conjugal, community or property owned in common;

(h) "Children" refers to those below eighteen (18) years

3. destroying household property; of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As
used in this Act, it includes the biological children of the
4. controlling the victims' own money or properties or victim and other children under her care.
solely controlling the conjugal money or properties.

SECTION 4. Construction.- This Act shall be liberally

(b) "Battery" refers to an act of inflicting physical harm construed to promote the protection and safety of
upon the woman or her child resulting to the physical victims of violence against women and their children.
and psychological or emotional distress.

SECTION 5. Acts of Violence Against Women and Their

(c) "Battered Woman Syndrome" refers to a scientifically Children.- The crime of violence against women and
defined pattern of psychological and behavioral their children is committed through any of the following
symptoms found in women living in battering acts:
relationships as a result of cumulative abuse.

(a) Causing physical harm to the woman or her child;

(d) "Stalking" refers to an intentional act committed by a
person who, knowingly and without lawful justification
follows the woman or her child or places the woman or (b) Threatening to cause the woman or her child
her child under surveillance directly or indirectly or a physical harm;
combination thereof.

(c) Attempting to cause the woman or her child physical

(e) "Dating relationship" refers to a situation wherein harm;
the parties live as husband and wife without the benefit
of marriage or are romantically involved over time and
on a continuing basis during the course of the (d) Placing the woman or her child in fear of imminent
relationship. A casual acquaintance or ordinary physical harm;
 (h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms or
(e) Attempting to compel or compelling the woman or
causes substantial emotional or psychological distress to
her child to engage in conduct which the woman or her
the woman or her child. This shall include, but not be
child has the right to desist from or desist from conduct
limited to, the following acts:
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
(1) Stalking or following the woman or her child in
threat of force, physical or other harm or threat of
public or private places;
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 (2) Peering in the window or lingering outside the
child's movement or conduct: residence of the woman or her child;

(1) Threatening to deprive or actually depriving the (3) Entering or remaining in the dwelling or on the
woman or her child of custody to her/his family; property of the woman or her child against her/his will;

(2) Depriving or threatening to deprive the woman or (4) Destroying the property and personal belongings or
her children of financial support legally due her or her inflicting harm to animals or pets of the woman or her
family, or deliberately providing the woman's children child; and
insufficient financial support;

(5) Engaging in any form of harassment or violence;

(3) Depriving or threatening to deprive the woman or
her child of a legal right;
(i) Causing mental or emotional anguish, public ridicule
or humiliation to the woman or her child, including, but
(4) Preventing the woman in engaging in any legitimate not limited to, repeated verbal and emotional abuse,
profession, occupation, business or activity or and denial of financial support or custody of minor
controlling the victim's own mon4ey or properties, or children of access to the woman's child/children.
solely controlling the conjugal or common money, or
properties;
SECTION 6. Penalties.- The crime of violence against
women and their children, under Section 5 hereof shall
(f) Inflicting or threatening to inflict physical harm on be punished according to the following rules:
oneself for the purpose of controlling her actions or
decisions;
(a) Acts falling under Section 5(a) constituting
attempted, frustrated or consummated parricide or
(g) Causing or attempting to cause the woman or her murder or homicide shall be punished in accordance
child to engage in any sexual activity which does not with the provisions of the Revised Penal Code.
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; If these acts resulted in mutilation, it shall be punishable
in accordance with the Revised Penal Code; those
constituting serious physical injuries shall have the
penalty of prison mayor; those constituting less serious SECTION 7. Venue.- The Regional Trial Court designated
physical injuries shall be punished by prision as a Family Court shall have original and exclusive
correccional; and those constituting slight physical jurisdiction over cases of violence against women and
injuries shall be punished by arresto mayor. their children under this law. In the absence of such
court in the place where the offense was committed,
the case shall be filed in the Regional Trial Court where
Acts falling under Section 5(b) shall be punished by the crime or any of its elements was committed at the
imprisonment of two degrees lower than the prescribed option of the compliant.
penalty for the consummated crime as specified in the
preceding paragraph but shall in no case be lower than
arresto mayor. SECTION 8. Protection Orders.- A protection order is an
order issued under this act for the purpose of
preventing further acts of violence against a woman or
(b) Acts falling under Section 5(c) and 5(d) shall be her child specified in Section 5 of this Act and granting
punished by arresto mayor; other necessary relief. The relief granted under a
protection order serve the purpose of safeguarding the
victim from further harm, minimizing any disruption in
(c) Acts falling under Section 5(e) shall be punished by the victim's daily life, and facilitating the opportunity
prision correccional; and ability of the victim to independently regain control
over her life. The provisions of the protection order shall
be enforced by law enforcement agencies. The
(d) Acts falling under Section 5(f) shall be punished by protection orders that may be issued under this Act are
arresto mayor; the barangay protection order (BPO), temporary
protection order (TPO) and permanent protection order
(PPO). The protection orders that may be issued under
this Act shall include any, some or all of the following
(e) Acts falling under Section 5(g) shall be punished by
reliefs:
prision mayor;

(a) Prohibition of the respondent from threatening to

(f) Acts falling under Section 5(h) and Section 5(i) shall
commit or committing, personally or through another,
be punished by prision mayor.
any of the acts mentioned in Section 5 of this Act;

If the acts are committed while the woman or child is

(b) Prohibition of the respondent from harassing,
pregnant or committed in the presence of her child, the
annoying, telephoning, contacting or otherwise
penalty to be applied shall be the maximum period of
communicating with the petitioner, directly or indirectly;
penalty prescribed in the section.

(c) Removal and exclusion of the respondent from the

In addition to imprisonment, the perpetrator shall (a)
residence of the petitioner, regardless of ownership of
pay a fine in the amount of not less than One hundred
the residence, either temporarily for the purpose of
thousand pesos (P100,000.00) but not more than three
protecting the petitioner, or permanently where no
hundred thousand pesos (300,000.00); (b) undergo
property rights are violated, and if respondent must
mandatory psychological counseling or psychiatric
remove personal effects from the residence, the court
treatment and shall report compliance to the court.
shall direct a law enforcement agent to accompany the
respondent has gathered his things and escort
respondent from the residence;
 (i) Restitution for actual damages caused by the violence
inflicted, including, but not limited to, property damage,
(d) Directing the respondent to stay away from
medical expenses, childcare expenses and loss of
petitioner and designated family or household member
income;
at a distance specified by the court, and to stay away
from the residence, school, place of employment, or any
specified place frequented by the petitioner and any
(j) Directing the DSWD or any appropriate agency to
designated family or household member;
provide petitioner may need; and

(e) Directing lawful possession and use by petitioner of

(k) Provision of such other forms of relief as the court
an automobile and other essential personal effects,
deems necessary to protect and provide for the safety
regardless of ownership, and directing the appropriate
of the petitioner and any designated family or
law enforcement officer to accompany the petitioner to
household member, provided petitioner and any
the residence of the parties to ensure that the
designated family or household member consents to
petitioner is safely restored to the possession of the
such relief.
automobile and other essential personal effects, or to
supervise the petitioner's or respondent's removal of
personal belongings;
Any of the reliefs provided under this section shall be
granted even in the absence of a decree of legal
separation or annulment or declaration of absolute
(f) Granting a temporary or permanent custody of a
nullity of marriage.
child/children to the petitioner;

The issuance of a BPO or the pendency of an application

(g) Directing the respondent to provide support to the
for BPO shall not preclude a petitioner from applying
woman and/or her child if entitled to legal support.
for, or the court from granting a TPO or PPO.
Notwithstanding other laws to the contrary, the court
shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the
respondent's employer for the same to be automatically SECTION 9. Who may file Petition for Protection Orders.
remitted directly to the woman. Failure to remit and/or – A petition for protection order may be filed by any of
withhold or any delay in the remittance of support to the following:
the woman and/or her child without justifiable cause
shall render the respondent or his employer liable for
indirect contempt of court; (a) the offended party;

(h) Prohibition of the respondent from any use or (b) parents or guardians of the offended party;
possession of any firearm or deadly weapon and order
him to surrender the same to the court for appropriate
disposition by the court, including revocation of license (c) ascendants, descendants or collateral relatives within
and disqualification to apply for any license to use or the fourth civil degree of consanguinity or affinity;
possess a firearm. If the offender is a law enforcement
agent, the court shall order the offender to surrender
his firearm and shall direct the appropriate authority to (d) officers or social workers of the DSWD or social
investigate on the offender and take appropriate action workers of local government units (LGUs);
on matter;
(e) police officers, preferably those in charge of women
and children's desks;
(c) a statement of the circumstances of the abuse;

(f) Punong Barangay or Barangay Kagawad;

(d) description of the reliefs requested by petitioner as
specified in Section 8 herein;

(g) lawyer, counselor, therapist or healthcare provider of

the petitioner;
(e) request for counsel and reasons for such;

(h) At least two (2) concerned responsible citizens of the

(f) request for waiver of application fees until hearing;
city or municipality where the violence against women
and
and their children occurred and who has personal
knowledge of the offense committed.

(g) an attestation that there is no pending application

for a protection order in another court.
SECTION 10. Where to Apply for a Protection Order. –
Applications for BPOs shall follow the rules on venue
under Section 409 of the Local Government Code of
1991 and its implementing rules and regulations. An If the applicants is not the victim, the application must
application for a TPO or PPO may be filed in the regional be accompanied by an affidavit of the applicant
trial court, metropolitan trial court, municipal trial court, attesting to (a) the circumstances of the abuse suffered
municipal circuit trial court with territorial jurisdiction by the victim and (b) the circumstances of consent given
over the place of residence of the petitioner: Provided, by the victim for the filling of the application. When
however, That if a family court exists in the place of disclosure of the address of the victim will pose danger
residence of the petitioner, the application shall be filed to her life, it shall be so stated in the application. In such
with that court. a case, the applicant shall attest that the victim is
residing in the municipality or city over which court has
territorial jurisdiction, and shall provide a mailing
address for purpose of service processing.
SECTION 11. How to Apply for a Protection Order. – The
application for a protection order must be in writing,
signed and verified under oath by the applicant. It may
be filed as an independent action or as incidental relief An application for protection order filed with a court
in any civil or criminal case the subject matter or issues shall be considered an application for both a TPO and
thereof partakes of a violence as described in this Act. A PPO.
standard protection order application form, written in
English with translation to the major local languages,
shall be made available to facilitate applications for Barangay officials and court personnel shall assist
protections order, and shall contain, among other, the applicants in the preparation of the application. Law
following information: enforcement agents shall also extend assistance in the
application for protection orders in cases brought to
their attention.
(a) names and addresses of petitioner and respondent;

SECTION 12. Enforceability of Protection Orders. – All

(b) description of relationships between petitioner and TPOs and PPOs issued under this Act shall be
respondent; enforceable anywhere in the Philippines and a violation
thereof shall be punishable with a fine ranging from Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos
(P50,000.00) and/or imprisonment of six (6) months.
SECTION 15. Temporary Protection Orders. – Temporary
Protection Orders (TPOs) refers to the protection order
issued by the court on the date of filing of the
SECTION 13. Legal Representation of Petitioners for
application after ex parte determination that such order
Protection Order. – If the woman or her child requests in
should be issued. A court may grant in a TPO any, some
the applications for a protection order for the
or all of the reliefs mentioned in this Act and shall be
appointment of counsel because of lack of economic
effective for thirty (30) days. The court shall schedule a
means to hire a counsel de parte, the court shall
hearing on the issuance of a PPO prior to or on the date
immediately direct the Public Attorney's Office (PAO) to
of the expiration of the TPO. The court shall order the
represent the petitioner in the hearing on the
immediate personal service of the TPO on the
application. If the PAO determines that the applicant
respondent by the court sheriff who may obtain the
can afford to hire the services of a counsel de parte, it
assistance of law enforcement agents for the service.
shall facilitate the legal representation of the petitioner
The TPO shall include notice of the date of the hearing
by a counsel de parte. The lack of access to family or
on the merits of the issuance of a PPO.
conjugal resources by the applicant, such as when the
same are controlled by the perpetrator, shall qualify the
petitioner to legal representation by the PAO.
SECTION 16. Permanent Protection Orders. – Permanent
Protection Order (PPO) refers to protection order issued
by the court after notice and hearing.
However, a private counsel offering free legal service is
not barred from representing the petitioner.

Respondents non-appearance despite proper notice, or

his lack of a lawyer, or the non-availability of his lawyer
SECTION 14. Barangay Protection Orders (BPOs); Who
shall not be a ground for rescheduling or postponing the
May Issue and How. - Barangay Protection Orders (BPOs)
hearing on the merits of the issuance of a PPO. If the
refer to the protection order issued by the Punong
respondents appears without counsel on the date of the
Barangay ordering the perpetrator to desist from
hearing on the PPO, the court shall appoint a lawyer for
committing acts under Section 5 (a) and (b) of this Act. A
the respondent and immediately proceed with the
Punong Barangay who receives applications for a BPO
hearing. In case the respondent fails to appear despite
shall issue the protection order to the applicant on the
proper notice, the court shall allow ex parte
date of filing after ex parte determination of the basis of
presentation of the evidence by the applicant and
the application. If the Punong Barangay is unavailable to
render judgment on the basis of the evidence
act on the application for a BPO, the application shall be
presented. The court shall allow the introduction of any
acted upon by any available Barangay Kagawad. If the
history of abusive conduct of a respondent even if the
BPO is issued by a Barangay Kagawad the order must be
same was not directed against the applicant or the
accompanied by an attestation by the Barangay
person for whom the applicant is made.
Kagawad that the Punong Barangay was unavailable at
the time for the issuance of the BPO. BPOs shall be
effective for fifteen (15) days. Immediately after the
The court shall, to the extent possible, conduct the
issuance of an ex parte BPO, the Punong Barangay or
hearing on the merits of the issuance of a PPO in one (1)
Barangay Kagawad shall personally serve a copy of the
day. Where the court is unable to conduct the hearing
same on the respondent, or direct any barangay official
within one (1) day and the TPO issued is due to expire,
to effect is personal service.
the court shall continuously extend or renew the TPO
for a period of thirty (30) days at each particular time
until final judgment is issued. The extended or renewed
The parties may be accompanied by a non-lawyer
TPO may be modified by the court as may be necessary
advocate in any proceeding before the Punong
or applicable to address the needs of the applicant.
Barangay.
 SECTION 20. Priority of Application for a Protection
Order. – Ex parte and adversarial hearings to determine
The court may grant any, some or all of the reliefs
the basis of applications for a protection order under
specified in Section 8 hereof in a PPO. A PPO shall be
this Act shall have priority over all other proceedings.
effective until revoked by a court upon application of
Barangay officials and the courts shall schedule and
the person in whose favor the order was issued. The
conduct hearings on applications for a protection order
court shall ensure immediate personal service of the
under this Act above all other business and, if necessary,
PPO on respondent.
suspend other proceedings in order to hear applications
for a protection order.

The court shall not deny the issuance of protection

order on the basis of the lapse of time between the act
SECTION 21. Violation of Protection Orders. – A
of violence and the filing of the application.
complaint for a violation of a BPO issued under this Act
must be filed directly with any municipal trial court,
metropolitan trial court, or municipal circuit trial court
Regardless of the conviction or acquittal of the that has territorial jurisdiction over the barangay that
respondent, the Court must determine whether or not issued the BPO. Violation of a BPO shall be punishable
the PPO shall become final. Even in a dismissal, a PPO by imprisonment of thirty (30) days without prejudice to
shall be granted as long as there is no clear showing that any other criminal or civil action that the offended party
the act from which the order might arise did not exist. may file for any of the acts committed.

SECTION 17. Notice of Sanction in Protection Orders. – A judgement of violation of a BPO ma be appealed
The following statement must be printed in bold-faced according to the Rules of Court. During trial and upon
type or in capital letters on the protection order issued judgment, the trial court may motu proprio issue a
by the Punong Barangay or court: protection order as it deems necessary without need of
an application.

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

Violation of any provision of a TPO or PPO issued under
this Act shall constitute contempt of court punishable
SECTION 18. Mandatory Period For Acting on under Rule 71 of the Rules of Court, without prejudice
Applications For Protection Orders – Failure to act on an to any other criminal or civil action that the offended
application for a protection order within the party may file for any of the acts committed.
reglementary period specified in the previous section
without justifiable cause shall render the official or
judge administratively liable. SECTION 22. Applicability of Protection Orders to
Criminal Cases. – The foregoing provisions on protection
orders shall be applicable in impliedly instituted with
SECTION 19. Legal Separation Cases. – In cases of legal the criminal actions involving violence against women
separation, where violence as specified in this Act is and their children.
alleged, Article 58 of the 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 on SECTION 23. Bond to Keep the Peace. – The Court may
any application for a protection order filed by the order any person against whom a protection order is
petitioner must be conducted within the mandatory issued to give a bond to keep the peace, to present two
period specified in this Act. sufficient sureties who shall undertake that such person
will not commit the violence sought to be prevented.
 her child/children. Children below seven (7) years old
older but with mental or physical disabilities shall
Should the respondent fail to give the bond as required,
automatically be given to the mother, with right to
he shall be detained for a period which shall in no case
support, unless the court finds compelling reasons to
exceed six (6) months, if he shall have been prosecuted
order otherwise.
for acts punishable under Section 5(a) to 5(f) and not
exceeding thirty (30) days, if for acts punishable under
Section 5(g) to 5(I).
A victim who is suffering from battered woman
syndrome shall not be disqualified from having custody
of her children. In no case shall custody of minor
The protection orders referred to in this section are the
children be given to the perpetrator of a woman who is
TPOs and the PPOs issued only by the courts.
suffering from Battered woman syndrome.

SECTION 24. Prescriptive Period. – Acts falling under

SECTION 29. Duties of Prosecutors/Court Personnel. –
Sections 5(a) to 5(f) shall prescribe in twenty (20) years.
Prosecutors and court personnel should observe the
Acts falling under Sections 5(g) to 5(I) shall prescribe in
following duties when dealing with victims under this
ten (10) years.
Act:

SECTION 25. Public Crime. – Violence against women

a) communicate with the victim in a language
and their children shall be considered a public offense
understood by the woman or her child; and
which may be prosecuted upon the filing of a complaint
by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
b) inform the victim of her/his rights including legal
remedies available and procedure, and privileges for
indigent litigants.
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
SECTION 30. Duties of Barangay Officials and Law
any criminal and civil liability notwithstanding the
Enforcers. – Barangay officials and law enforcers shall
absence of any of the elements for justifying
have the following duties:
circumstances of self-defense under the Revised Penal
Code.

(a) respond immediately to a call for help or request for

assistance or protection of the victim by entering the
In the determination of the state of mind of the woman
necessary whether or not a protection order has been
who was suffering from battered woman syndrome at
issued and ensure the safety of the victim/s;
the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.

(b) confiscate any deadly weapon in the possession of

the perpetrator or within plain view;
SECTION 27. Prohibited Defense. – Being under the
influence of alcohol, any illicit drug, or any other mind-
altering substance shall not be a defense under this Act.
(c) transport or escort the victim/s to a safe place of
their choice or to a clinic or hospital;
SECTION 28. Custody of children. – The woman victim of
violence shall be entitled to the custody and support of
(d) assist the victim in removing personal belongs from (c) automatically provide the victim free of charge a
the house; medical certificate concerning the examination or visit;

(e) assist the barangay officials and other government (d) safeguard the records and make them available to
officers and employees who respond to a call for help; the victim upon request at actual cost; and

(f) ensure the enforcement of the Protection Orders (e) provide the victim immediate and adequate notice of
issued by the Punong Barangy or the courts; rights and remedies provided under this Act, and
services available to them.

(g) arrest the suspected perpetrator wiithout a warrant

when any of the acts of violence defined by this Act is SECTION 32. Duties of Other Government Agencies and
occurring, or when he/she has personal knowledge that LGUs – Other government agencies and LGUs shall
any act of abuse has just been committed, and there is establish programs such as, but not limited to,
imminent danger to the life or limb of the victim as education and information campaign and seminars or
defined in this Act; and symposia on the nature, causes, incidence and
consequences of such violence particularly towards
educating the public on its social impacts.
(h) immediately report the call for assessment or
assistance of the DSWD, social Welfare Department of
LGUs or accredited non-government organizations It shall be the duty of the concerned government
(NGOs). agencies and LGU's to ensure the sustained education
and training of their officers and personnel on the
prevention of violence against women and their children
Any barangay official or law enforcer who fails to report under the Act.
the incident shall be liable for a fine not exceeding Ten
Thousand Pesos (P10,000.00) or whenever applicable
criminal, civil or administrative liability. SECTION 33. Prohibited Acts. – A Punong Barangay,
Barangay Kagawad or the court hearing an application
for a protection order shall not order, direct, force or in
SECTION 31. Healthcare Provider Response to Abuse – any way unduly influence he applicant for a protection
Any healthcare provider, including, but not limited to, an order to compromise or abandon any of the reliefs
attending physician, nurse, clinician, barangay health sought in the application for protection under this Act.
worker, therapist or counselor who suspects abuse or Section 7 of the Family Courts Act of 1997 and Sections
has been informed by the victim of violence shall: 410, 411, 412 and 413 of the Local Government Code of
1991 shall not apply in proceedings where relief is
sought under this Act.
(a) properly document any of the victim's physical,
emotional or psychological injuries;
Failure to comply with this Section shall render the
official or judge administratively liable.
(b) properly record any of victim's suspicions,
observations and circumstances of the examination or
visit; SECTION 34. Persons Intervening Exempt from Liability.
– In every case of violence against women and their
children as herein defined, any person, private
individual or police authority or barangay official who,
acting in accordance with law, responds or intervenes protection order, the court shall accept the application
without using violence or restraint greater than without payment of the filing fee and other fees and of
necessary to ensure the safety of the victim, shall not be transcript of stenographic notes.
liable for any criminal, civil or administrative liability
resulting therefrom.
SECTION 39. Inter-Agency Council on Violence Against
Women and Their Children (IAC-VAWC). In pursuance of
SECTION 35. Rights of Victims. – In addition to their the abovementioned policy, there is hereby established
rights under existing laws, victims of violence against an Inter-Agency Council on Violence Against Women
women and their children shall have the following and their children, hereinafter known as the Council,
rights: which shall be composed of the following agencies:

(a) to be treated with respect and dignity; (a) Department of Social Welfare and Development
(DSWD);

(b) to avail of legal assistance form the PAO of the

Department of Justice (DOJ) or any public legal (b) National Commission on the Role of Filipino Women
assistance office; (NCRFW);

(c) To be entitled to support services form the DSWD (c) Civil Service Commission (CSC);
and LGUs'

(d) Commission on Human rights (CHR)

(d) To be entitled to all legal remedies and support as
provided for under the Family Code; and
(e) Council for the Welfare of Children (CWC);

(e) To be informed of their rights and the services

available to them including their right to apply for a (f) Department of Justice (DOJ);
protection order.

(g) Department of the Interior and Local Government

SECTION 36. Damages. – Any victim of violence under (DILG);
this Act shall be entitled to actual, compensatory, moral
and exemplary damages.
(h) Philippine National Police (PNP);

SECTION 37. Hold Departure Order. – The court shall

expedite the process of issuance of a hold departure (i) Department of Health (DOH);
order in cases prosecuted under this Act.

(j) Department of Education (DepEd);

SECTION 38. Exemption from Payment of Docket Fee
and Other Expenses. – If the victim is an indigent or
there is an immediate necessity due to imminent danger (k) Department of Labor and Employment (DOLE); and
or threat of danger to act on an application for a
 a. the nature, extend and causes of violence against
women and their children;
(l) National Bureau of Investigation (NBI).

b. the legal rights of, and remedies available to, victims

These agencies are tasked to formulate programs and
of violence against women and their children;
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.
c. the services and facilities available to victims or
The Council will also serve as the monitoring body as
survivors;
regards to VAW initiatives.

d. the legal duties imposed on police officers to make

The Council members may designate their duly
arrest and to offer protection and assistance; and
authorized representative who shall have a rank not
lower than an assistant secretary or its equivalent.
These representatives shall attend Council meetings in
their behalf, and shall receive emoluments as may be e. techniques for handling incidents of violence against
determined by the Council in accordance with existing women and their children that minimize the likelihood
budget and accounting rules and regulations. of injury to the officer and promote the safety of the
victim or survivor.

SECTION 40. Mandatory Programs and Services for

Victims. – The DSWD, and LGU's shall provide the The PNP, in coordination with LGU's shall establish an
victims temporary shelters, provide counseling, psycho- education and training program for police officers and
social services and /or, recovery, rehabilitation programs barangay officials to enable them to properly handle
and livelihood assistance. cases of violence against women and their children.

The DOH shall provide medical assistance to victims. SECTION 43. Entitled to Leave. – Victims under this Act
shall be entitled to take a paid leave of absence up to
ten (10) days in addition to other paid leaves under the
Labor Code and Civil Service Rules and Regulations,
SECTION 41. Counseling and Treatment of Offenders. –
extendible when the necessity arises as specified in the
The DSWD shall provide rehabilitative counseling and
protection order.
treatment to perpetrators towards learning constructive
ways of coping with anger and emotional outbursts and
reforming their ways. When necessary, the offender
shall be ordered by the Court to submit to psychiatric Any employer who shall prejudice the right of the
treatment or confinement. 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
SECTION 42. Training of Persons Involved in Responding
co-employee who is a victim under this Act shall likewise
to Violence Against Women and their Children Cases. –
be liable for discrimination.
All agencies involved in responding to violence against
women and their children cases shall be required to
undergo education and training to acquaint them with:
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
SECTION 50. Effectivity – This Act shall take effect fifteen
the victim. Whoever publishes or causes to be
(15) days from the date of its complete publication in at
published, in any format, the name, address, telephone
least two (2) newspapers of general circulation.
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).

SECTION 45. Funding – The amount necessary to

implement the provisions of this Act shall be included in
the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the

mandated agencies and LGU's shall be used to
implement services for victim of violence against
women and their children.

SECTION 46. Implementing Rules and Regulations. –

Within six (6) months from the approval of this Act, the
DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the
PNP, and three (3) representatives from NGOs to be
identified by the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.

SECTION 47. Suppletory Application – For purposes of

this Act, the Revised Penal Code and other applicable
laws, shall have suppletory application.

SECTION 48. Separability Clause. – If any section or

provision of this Act is held unconstitutional or invalid,
the other sections or provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential

decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.