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Twelfth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-eight day of July, two thousand and three.

Republic Act No. 9262 March 08, 2004

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE M
FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 200

SECTION 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and
full respect for human rights. The State also recognizes the need to protect the family and its members particularly wo
children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping
fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human R
convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child an
international human rights instruments of which the Philippines is a party.

SECTION 3. Definition of Terms.- As used in this Act,

(a) "Violence against women and their children" refers to any act or a series of acts committed by any
against a woman who is his wife, former wife, or against a woman with whom the person has or had a
dating relationship, or with whom he has a common child, or against her child whether legitimate or ill
within or without the family abode, which result in or is likely to result in physical, sexual, psychologica
suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or
deprivation of liberty. It includes, but is not limited to, the following acts:
 A. "Physical Violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or
includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a

making demeaning and sexually suggestive remarks, physically attacking the sexual p
victim's body, forcing her/him to watch obscene publications and indecent shows or fo
woman or her child to do indecent acts and/or make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep together in the same room with the

b) acts causing or attempting to cause the victim to engage in any sexual activity by fo
of force, physical or other harm or threat of physical or other harm or coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or em

suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
public ridicule or humiliation, repeated verbal abuse and mental infidelity. It includes causing o
the victim to witness the physical, sexual or psychological abuse of a member of the family to
victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to
unwanted deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially depend
includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitim
profession, occupation, business or activity, except in cases wherein the other spouse
objects on valid, serious and moral grounds as defined in Article 73 of the Family Cod

2. deprivation or threat of deprivation of financial resources and the right to the use an
of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely controlling the conjugal m
properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the ph
psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavio
symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful jus
follows the woman or her child or places the woman or her child under surveillance directly or indirect
combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the
marriage or are romantically involved over time and on a continuing basis during the course of the rela
casual acquaintance or ordinary socialization between two individuals in a business or social context
 dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a com

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Departmen
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the
the purposes of this Act or any other suitable place the resident of which is willing temporarily to recei
victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking car
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological chil
victim and other children under her care.

SECTION 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of viol
against women and their children.

SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their ch
committed through any of the following acts:

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

(b) Threatening to cause the woman or her child physical harm;

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

(d) Placing the woman or her child in fear of imminent physical harm;

(e) Attempting to compel or compelling the woman or her child to engage in conduct which the woman
child has the right to desist from or desist from conduct which the woman or her child has the right to
or attempting to restrict or restricting the woman's or her child's freedom of movement or conduct by f
threat of force, physical or other harm or threat of physical or other harm, or intimidation directed agai
woman or child. This shall include, but not limited to, the following acts committed with the purpose or
controlling or restricting the woman's or her child's movement or conduct:

(1) Threatening to deprive or actually depriving the woman or her child of custody to her/his fa

(2) Depriving or threatening to deprive the woman or her children of financial support legally d
her family, or deliberately providing the woman's children insufficient financial support;

(3) Depriving or threatening to deprive the woman or her child of a legal right;

(4) Preventing the woman in engaging in any legitimate profession, occupation, business or a
controlling the victim's own mon4ey or properties, or solely controlling the conjugal or common
properties;

(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions
decisions;

(g) Causing or attempting to cause the woman or her child to engage in any sexual activity which doe
constitute rape, by force or threat of force, physical harm, or through intimidation directed against the
her child or her/his immediate family;
 (h) Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms o
substantial emotional or psychological distress to the woman or her child. This shall include, but not b
the following acts:

(1) Stalking or following the woman or her child in public or private places;

(2) Peering in the window or lingering outside the residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property of the woman or her child against h

(4) Destroying the property and personal belongings or inflicting harm to animals or pets of the
her child; and

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

(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, inclu
limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor ch
access to the woman's child/children.

SECTION 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be pun
according to the following rules:

(a) Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or mur
homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code;
constituting serious physical injuries shall have the penalty of prison mayor; those constituting less se
physical injuries shall be punished by prision correccional; and those constituting slight physical injurie
punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the pres
penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lo
arresto mayor.

(b) Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;

(c) Acts falling under Section 5(e) shall be punished by prision correccional;

(d) Acts falling under Section 5(f) shall be punished by arresto mayor;

(e) Acts falling under Section 5(g) shall be punished by prision mayor;

(f) Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her ch
penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hun
thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) un
mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
SECTION 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdic
cases of violence against women and their children under this law. In the absence of such court in the place where th
was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committ
option of the compliant.

SECTION 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing fur
violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief
under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in
daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The prov
the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under
the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The p
orders that may be issued under this Act shall include any, some or all of the following reliefs:

(a) Prohibition of the respondent from threatening to commit or committing, personally or through anot
the acts mentioned in Section 5 of this Act;

(b) Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise comm
with the petitioner, directly or indirectly;

(c) Removal and exclusion of the respondent from the residence of the petitioner, regardless of owner
residence, either temporarily for the purpose of protecting the petitioner, or permanently where no pro
are violated, and if respondent must remove personal effects from the residence, the court shall direc
enforcement agent to accompany the respondent has gathered his things and escort respondent from
residence;

(d) Directing the respondent to stay away from petitioner and designated family or household member
distance specified by the court, and to stay away from the residence, school, place of employment, or
specified place frequented by the petitioner and any designated family or household member;

(e) Directing lawful possession and use by petitioner of an automobile and other essential personal ef
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petit
residence of the parties to ensure that the petitioner is safely restored to the possession of the automo
other essential personal effects, or to supervise the petitioner's or respondent's removal of personal b

(f) Granting a temporary or permanent custody of a child/children to the petitioner;

(g) Directing the respondent to provide support to the woman and/or her child if entitled to legal suppo
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the inco
salary of the respondent to be withheld regularly by the respondent's employer for the same to be aut
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of suppo
woman and/or her child without justifiable cause shall render the respondent or his employer liable for
contempt of court;

(h) Prohibition of the respondent from any use or possession of any firearm or deadly weapon and ord
surrender the same to the court for appropriate disposition by the court, including revocation of license
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforceme
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to i
on the offender and take appropriate action on matter;

(i) Restitution for actual damages caused by the violence inflicted, including, but not limited to, proper
medical expenses, childcare expenses and loss of income;
 (j) Directing the DSWD or any appropriate agency to provide petitioner may need; and

(k) Provision of such other forms of relief as the court deems necessary to protect and provide for the
the petitioner and any designated family or household member, provided petitioner and any designate
household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of lega
or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from
for, or the court from granting a TPO or PPO.

SECTION 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the fo

(a) the offended party;

(b) parents or guardians of the offended party;

(c) ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or af

(d) officers or social workers of the DSWD or social workers of local government units (LGUs);

(e) police officers, preferably those in charge of women and children's desks;

(f) Punong Barangay or Barangay Kagawad;

(g) lawyer, counselor, therapist or healthcare provider of the petitioner;

(h) At least two (2) concerned responsible citizens of the city or municipality where the violence again
and their children occurred and who has personal knowledge of the offense committed.

SECTION 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under S
of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO
in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdi
the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of th
the application shall be filed with that court.

SECTION 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed
under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case
matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form,
English with translation to the major local languages, shall be made available to facilitate applications for protections
shall contain, among other, the following information:

(a) names and addresses of petitioner and respondent;

(b) description of relationships between petitioner and respondent;

(c) a statement of the circumstances of the abuse;

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

 (e) request for counsel and reasons for such;

(f) request for waiver of application fees until hearing; and

(g) an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a)
circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filli
application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the applic
such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territor
jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement a
also extend assistance in the application for protection orders in cases brought to their attention.

SECTION 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable an
the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00)
Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SECTION 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the ap
for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, t
shall immediately direct the Public Attorney's Office (PAO) to represent the petitioner in the hearing on the application
determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal represent
petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when th
controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SECTION 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) r
protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Sectio
(b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applica
date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act
application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued
a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong
Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Imme
the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the s
respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order iss
court on the date of filing of the application after ex parte determination that such order should be issued. A court may
TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall sch
hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immed
personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcemen
the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued b
after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall
ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appear
counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately p
the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation o
evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the intro
any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person
the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Wh
court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuo
or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended o
TPO may be modified by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective un
by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate pers
service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence
filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall b
Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order mi
not exist.

SECTION 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type o
letters on the protection order issued by the Punong Barangay or court:

"VIOLATION OF THIS ORDER IS PUNISHABLE BY LAW."

SECTION 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application fo
protection order within the reglementary period specified in the previous section without justifiable cause shall render
or judge administratively liable.

SECTION 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is allege
58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as so
possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the ma
period specified in this Act.

SECTION 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basi
applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and
shall schedule and conduct hearings on applications for a protection order under this Act above all other business an
necessary, suspend other proceedings in order to hear applications for a protection order.

SECTION 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be file
with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over
barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without pre
any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, t
may motu proprio issue a protection order as it deems necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under
the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the
committed.

SECTION 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders sh
applicable in impliedly instituted with the criminal actions involving violence against women and their children.

SECTION 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued
bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the vi
sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exce
months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30)
acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

SECTION 24. Prescriptive Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts f
Sections 5(g) to 5(I) shall prescribe in ten (10) years.

SECTION 25. Public Crime. – Violence against women and their children shall be considered a public offense which
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the
commission of the crime.

SECTION 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be sufferi
battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of any of the eleme
justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time
commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

SECTION 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering s
shall not be a defense under this Act.

SECTION 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her
child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be g
mother, with right to support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children
shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrom

SECTION 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the followin
when dealing with victims under this Act:

a) communicate with the victim in a language understood by the woman or her child; and

b) inform the victim of her/his rights including legal remedies available and procedure, and privileges f
litigants.

SECTION 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the
duties:
 (a) respond immediately to a call for help or request for assistance or protection of the victim by enter
necessary whether or not a protection order has been issued and ensure the safety of the victim/s;

(b) confiscate any deadly weapon in the possession of the perpetrator or within plain view;

(c) transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;

(d) assist the victim in removing personal belongs from the house;

(e) assist the barangay officials and other government officers and employees who respond to a call f

(f) ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;

(g) arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this
occurring, or when he/she has personal knowledge that any act of abuse has just been committed, an
imminent danger to the life or limb of the victim as defined in this Act; and

(h) immediately report the call for assessment or assistance of the DSWD, social Welfare Department
accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thous
(P10,000.00) or whenever applicable criminal, civil or administrative liability.

SECTION 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an atte
physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed
victim of violence shall:

(a) properly document any of the victim's physical, emotional or psychological injuries;

(b) properly record any of victim's suspicions, observations and circumstances of the examination or v

(c) automatically provide the victim free of charge a medical certificate concerning the examination or

(d) safeguard the records and make them available to the victim upon request at actual cost; and

(e) provide the victim immediate and adequate notice of rights and remedies provided under this Act,
services available to them.

SECTION 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establ
programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, c
incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU's to ensure the sustained education and training
officers and personnel on the prevention of violence against women and their children under the Act.

SECTION 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a pr
order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or
any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 an
410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought u
Act.
Failure to comply with this Section shall render the official or judge administratively liable.

SECTION 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their childre
defined, any person, private individual or police authority or barangay official who, acting in accordance with law, resp
intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be lia
criminal, civil or administrative liability resulting therefrom.

SECTION 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women an
children shall have the following rights:

(a) to be treated with respect and dignity;

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

(c) To be entitled to support services form the DSWD and LGUs'

(d) To be entitled to all legal remedies and support as provided for under the Family Code; and

(e) To be informed of their rights and the services available to them including their right to apply for a
order.

SECTION 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and e
damages.

SECTION 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in c
prosecuted under this Act.

SECTION 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is a
necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall ac
application without payment of the filing fee and other fees and of transcript of stenographic notes.

SECTION 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of th
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their c
hereinafter known as the Council, which shall be composed of the following agencies:

(a) Department of Social Welfare and Development (DSWD);

(b) National Commission on the Role of Filipino Women (NCRFW);

(c) Civil Service Commission (CSC);

(d) Commission on Human rights (CHR)

(e) Council for the Welfare of Children (CWC);

(f) Department of Justice (DOJ);

(g) Department of the Interior and Local Government (DILG);

 (h) Philippine National Police (PNP);

(i) Department of Health (DOH);

(j) Department of Education (DepEd);

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

(l) National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as
capability programs for their employees to become more sensitive to the needs of their clients. The Council will also s
monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an as
secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emo
may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SECTION 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU's shall provide the victims temp
shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistan

The DOH shall provide medical assistance to victims.

SECTION 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treat
perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their wa
necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SECTION 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – A
involved in responding to violence against women and their children cases shall be required to undergo education an
acquaint them with:

a. the nature, extend and causes of violence against women and their children;

b. the legal rights of, and remedies available to, victims of violence against women and their children;

c. the services and facilities available to victims or survivors;

d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; an

e. techniques for handling incidents of violence against women and their children that minimize the lik
injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU's shall establish an education and training program for police officers and baranga
to enable them to properly handle cases of violence against women and their children.

SECTION 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (1
addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the nec
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
of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person fo
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
barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall res
right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telepho
school, business address, employer, or other identifying information of a victim or an immediate family member, witho
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 tha
Hundred Thousand pesos (P500,000.00).

SECTION 45. Funding – The amount necessary to implement the provisions of this Act shall be included in the annua
Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU's shall be used to implement servic
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, th
the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRF
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,
suppletory application.

SECTION 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other
provisions shall not be affected.

SECTION 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SECTION 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at lea
newspapers of general circulation.

Approved,

JOSE DE VENECIA JR. FRANKLIN DRILON

Speaker of the House of President of the Senate
Representatives

This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by t
and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

ROBERTO P. NAZARENO OSCAR G. YABES

Secretary General Secretary of Senate
House of Represenatives

Approved: March 08, 2004

 GLORIA MACAPAGAL-ARROYO
President of the Philippines

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