ANTI-VIOLENCE AGAINST

WOMEN AND THEIR

CHILDREN ACT OF 2004
Republic Act No. 9262
DEFINITIONS
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
Definition: refers to physical, sexual, psychological, or
economic abuse committed by a person:

a) against a woman:
1) who is his wife, former wife; or
2) with whom the person has or had a sexual or dating
relationship; or
3) with whom he has a common child
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
b) against her child whether legitimate or illegitimate,
who is:
1) below 18 years old; or
2) above eighteen (18) years of age but are incapable
of taking care of themselves as defined under Republic
Act No. 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination
Act)
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
Sexual relations refers to a single sexual act which may or
may not result in the bearing of a common child
Dating relationship does not refer to casual acquaintance
nor ordinary socialization between two individuals in a
business or social context; it refers to a situation wherein the
parties:
live as husband and wife without the benefit of marriage ;or
are romantically involved over time and on a continuing basis
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

Physical Violence infliction of bodily or physical harm. I

could be in the form of battery, assault, coercion,
harassment, or arbitrary deprivation of liberty.
"Battery" refers to an act of inflicting physical harm
upon the woman or her child resulting to the physical,
psychological, or emotional distress.
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
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:
a) rape, sexual harassment, acts of lasciviousness;
b) treating a woman or her child as a sex object;
c) making demeaning and sexually suggestive remarks;
d) physically attacking the sexual parts of the victim's
body;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

e) forcing her/him to watch obscene publications and

indecent shows;
f) forcing the woman or her child to do indecent acts
and/or make films thereof;
g) forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with
the abuser;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

h) acts causing or attempting to cause the victim to

engage in any sexual activity by force, threat of force,
physical or other harm or threat of physical or other
harm or coercion
f) prostituting the woman or child;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

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:
a) intimidation;
b) harassment;
c) stalking;
d) damage to property;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

e) public ridicule or humiliation;

f) repeated verbal abuse;
g) marital infidelity;
h) causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of
the family to which the victim belongs;
i) to witness pornography in any form;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
j) to witness abusive injury to pets;
k) unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

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
her child under surveillance directly or indirectly or a
combination thereof
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
Economic Abuse refers to acts that make or attempt to make a woman
financially dependent which includes, but is not limited to the following:
a) withdrawal of financial support;
b) preventing the victim from engaging in any legitimate profession,
occupation, business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
b) harassment;
c) stalking;
d) damage to property;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
Economic Abuse refers to acts that make or attempt to
make a woman financially dependent which includes, but
is not limited to the following:
a) withdrawal of financial support;
b) preventing the victim from engaging in any
legitimate profession, occupation, business or activity,
except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined
in Article 73 of the Family Code;
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

c) deprivation or threat of deprivation of financial

resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;
d) destroying household property
e) controlling the victims' own money or properties or
solely controlling the conjugal money or properties.
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN
Art. 73. Either spouse may exercise any legitimate profession,
occupation, business or activity without the consent of the other.
The latter may object only on valid, serious, and moral grounds.
In case of disagreement, the court shall decide whether or not:
(1) The objection is proper; and (2) Benefit has occurred to the
family prior to the objection or thereafter. If the benefit accrued prior
to the objection, the resulting obligation shall be enforced against
the separate property of the spouse who has not obtained consent.
The foregoing provisions shall not prejudice the rights of creditors
who acted in good faith.
 ACTS OF VAWC
CONSTITUTING A CRIME
(SECTION 5)
CRIMES

(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;
CRIMES

(e) Attempting to compel or compelling the woman or her

child:
1) to engage in conduct which the woman or her child has
the right to desist from; or
2) to desist from conduct which the woman or her child has
the right to engage in
CRIMES

(f) attempting to restrict or restricting the woman's or her

child's freedom of movement or conduct by force or
threat of force, physical or other harm or threat of
physical or other harm, or intimidation, such as:
1) Threatening to deprive or actually depriving the woman or
her child of custody to her/his family;
2) Depriving or threatening to deprive the woman or her
children of financial support legally due her or her family;
CRIMES

3) deliberately providing the woman's children insufficient

financial support;
4) depriving or threatening to deprive the woman or her child of
a legal right;
5) preventing the woman in engaging in any legitimate
profession, occupation, business or activity
6) controlling the victim's own money or properties, or solely
controlling the conjugal or common money, or properties;
CRIMES

(g) Inflicting or threatening to inflict physical harm on

oneself for the purpose of controlling her actions or
decisions;
(h) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does not
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;
CRIMES

(i) Engaging in purposeful, knowing, or reckless conduct,

personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited
to, 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;
CRIMES
(3) Entering or remaining in the dwelling or on the property of the
woman or her child against her/his will;
(4) Destroying the property and personal belongings or inflicting
harm to animals or pets of the woman or her child; and
(5) Engaging in any form of harassment or violence;
(j) causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and denial
of financial support or custody of minor children of access to
the woman's child/children.
PROHIBITED DEFENSE

Per Section 27 of said act, being under the influence of

alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act
BATTERED WOMAN SYNDROME
refers to a scientifically defined pattern of psychological and
behavioral symptoms found in women living in battering relationships
as a result of cumulative abuse. (Section 3)
victims suffering from such do not incur any criminal and civil liability
notwithstanding the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code (Section
3)
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 children be given to the perpetrator of a woman who
is suffering from Battered woman syndrome.
PUBLIC CRIME

Violence against women and their children shall be

considered a public offense 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 (Section 25)
PERSONS INTERVENING EXEMPT
FROM LIABILITY

any person, private individual or police authority or

barangay official who, acting in accordance with law,
responds or intervenes without using violence or restraint
greater than necessary to ensure the safety of the victim,
shall not be liable for any criminal, civil or administrative
liability resulting therefrom (Section 34)
VENUE OF ACTION

Regional Trial Court designated as a Family Court shall

have original and exclusive jurisdiction over cases of
violence against women and their children under this law.
If there is no such court in the place where the offense
was committed, the case shall be filed in the Regional
Trial Court where the crime or any of its elements was
committed at the option of the complainant (Section 7)
GARCIA V DRILON
GARCIA V DRILON

Universal Declaration of Human Rights (UDHR)

Convention on the Elimination of all Forms of
Discrimination Against Women
International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political
Rights
Convention on the Rights of the Child
GARCIA V DRILON

unequal power relationship between women and men;

the fact that women are more likely than men to be
victims of violence; and the widespread gender bias and
prejudice against women all make for real differences
justifying the classification under the law
GARCIA V DRILON

Societal norms and traditions dictate people to think men

are the leaders, pursuers, providers, and take on
dominant roles in society while women are nurturers,
men's companions and supporters, and take on
subordinate roles in society. This perception leads to men
gaining more power over women. With power comes the
need to control to retain that power. And VAW is a form of
men's expression of controlling women to retain power.
GARCIA V DRILON

Women are the "usual" and "most likely victims of

violence.
VAW comprised more than 90% of all forms of abuse and
violence and more than 90% of these reported cases
were committed by the women's intimate partners such
as their husbands and live-in partners.
GARCIA V DRILON

Gender bias and prejudices

From the initial report to the police through prosecution,
trial, and sentencing, crimes against women are often
treated differently and less seriously than other crimes.
"double victimization"
GARCIA V DRILON

As a State Party to the CEDAW, the Philippines bound

itself to take all appropriate measures "to modify the
social and cultural patterns of conduct of men and
women, with a view to achieving the elimination of
prejudices and customary and all other practices which
are based on the idea of the inferiority or the superiority
of either of the sexes or on stereotyped roles for men and
women."
GARCIA V DRILON

SC cites Justice Puno: "(t)he paradigm shift changing the

character of domestic violence from a private affair to a
public offense will require the development of a distinct
mindset on the part of the police, the prosecution and the
judges."
PROTECTION ORDER

Victims can apply for protection order to prevent

further acts of violence against them, minimize
disruption in their daily lives, and facilitate the
opportunity and ability to independently regain
control over their lives.
It may be in the form of:
a. Barangay protection order (BPO);
b. Temporary protection order (TPO); or
c. Permanent protection order (PPO)
PROTECTION ORDER
Lapse of time between the act of violence and the
filing of the petition is not a sufficient ground for
the court to deny the issuance of a protection
order, unless barred by prescription.
Acquittal of the respondent in the criminal case is
not a ground to deny the issuance of a protection
order, unless it is clearly shown that the acts
imputed were not actually committed.
WHO MAY FILE A PETITION FOR PROTECTION
ORDER?
It may be filed by any of the following persons:
a. the offended party;
b. parents or guardians of the offended party;
c. ascendants, descendants, or collateral relatives within the 4 th degree of consanguinity or
affinity;
d. officers or social workers of the DSWD or social workers of LGUs;
e. police officers, preferably those in charge of women and childrens desk;
f. Punong Barangay or Barangay Kagawad;
g. lawyer, counselor, therapist, or health care provider of the petitioner; or
h. at least 2 concerned responsible citizens of the city or municipality where the
violence against women and their children occurred and who has personal knowledge of the
offense committed.
 HOW TO OBTAIN A PROTECTION
ORDER?
A written petition for a protection order signed and
verified under oath by the petitioner must be filed
using the standard protection order application form.
Must contain, among others, the following
information: names and addresses of the parties,
description of relationships between the parties,
statement of circumstances of the abuse suffered by
the victim, and an attestation that there is no pending
application for a protection order in another court.
BARANGAY PROTECTION ORDER
(BPO)
The application should be filed with the barangay
where the applicant resides.
Place of residence may include the place where the
victim-survivor temporarily resides or where she
sought refuge to escape from the respondent.
The BPO shall be effective for 15 days.
Enforceable within the barangay that issued the
BPO.
REMEDY FOR VIOLATION OF A BPO
The Punong Barangay or Kagawad who
issued the BPO must file a complaint with
any MTC, MeTC, or MCTC that has territorial
jurisdiction over the barangay that issued
the BPO.
 JUDICIAL PROTECTION ORDER
The offended party may also ask for a judicial
protection order by filing a verified petition with the
Family Court of the place where the offended party
resides.
If there is no Family Court, the petition may be filed
with the RTC, MeTC, MTC, or MCTC with territorial
jurisdiction over the place of residence of the
offended party.
 TEMPORARY PROTECTION ORDER
(TPO)

Refers to the protection order issued by the court on

the date of filing of the application after ex parte
determination that such order should be issued.
Shall be effective for thirty 30 days.
 HEARING OF THE PETITION
If the court finds it necessary to conduct a hearing, the
Revised Rule on Summary Procedure shall apply as far as
practicable.
Testimony of an adult female victim of violence may be taken
by live-link television. Likewise, the testimony of an
eyewitness-child may be taken by live-link television if
warranted by circumstances.
PERMANENT PROTECTION ORDER
Refers to a protection order issued by the court after
notice and hearing.
The judgment ordering permanent protection is
immediately executory.
Aggrieved party may appeal by filing a notice of
appeal with the court within 15 days from notice.
RELIEFS THAT MAY BE GRANTED
UNDER A PROTECTION ORDER

1. Directive prohibiting the respondent from committing or threatening to commit

any act of violence, whether personally or through another;
2. Directive prohibiting the respondent from harassing, annoying, telephoning,
contacting or otherwise communicating with the petitioner, directly or indirectly;
3. Directive granting temporary or permanent custody of children to the petitioner;
4. Directive removing or excluding the respondent from the residence of petitioner,
regardless of ownership of the residence;
5. Directive for the respondent to provide support to the woman and her child if
entitled to legal support; or
6. Directive prohibiting the respondent from using or possessing any firearm or
deadly weapon and ordering him to surrender the same to the court for
appropriate disposition.
BOND TO KEEP THE PEACE

The court may order the person against whom a

protection order is issued to present 2 sufficient
sureties who shall undertake that such person will
not commit the violence sought to be prevented.
 ENFORCEABILITY OF PROTECTION
ORDERS
All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines.
Any violation thereof shall be punishable with a fine
ranging from P5,000 to P50,000 and/or
imprisonment of 6 months.
PRESCRIPTIVE PERIOD
Acts falling under Secs. 5(a) to (f) shall prescribe in
20 years.
Acts falling under Secs. 5(g) to (i) shall prescribe in
10 years.
RIGHTS OF VICTIMS

Victims shall have the following rights:

1. To be treated with dignity and respect;
2. To avail of legal assistance from the PAO or any other public
legal assistance office;
3. To be entitled to support services from the DSWD and LGUs;
4. To be entitled to all legal remedies and support as provided
for under the Family Code;
5. To be informed of their rights and the services available to
them, including their right to apply for a protection order.
 CONFIDENTIALITY OF PROCEEDINGS
All records of cases pertaining to violence against women
and their children are confidential.
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 latters consent, shall be liable for contempt
of court and shall suffer the penalty of 1 year
imprisonment and a fine of not more than P500,00o.
CUSTODY OF CHILDREN
The woman victim of violence is entitled to the custody
and support of her children.
The mere fact that the victim is suffering from battered
woman syndrome does not disqualify her from having
custody of her children.
In no case shall custody of minor children be given to
the perpetrator of a woman who is suffering from
Battered Woman Syndrome.
 LEAVE FOR VICTIMS OF VIOLENCE

Victims of violence against women and their

children are entitled to take a paid leave of absence
up to 10 days in addition to other paid leaves under
the Labor Code, extendible when the necessity
arises as specified in the protection order.
The leave is non-cumulative and not convertible to
cash if unused.
CONDITIONS FOR ENTITLEMENT TO
LEAVE
To be entitled, the following conditions must be
complied with:
a. The employee must present a certification from
the Punong Barangay/Kagawad, prosecutor, or the
Clerk of Court, as the case may be, that a case for
violence against women and their children is
pending; and
b. The availment of the 10-day leave shall cover
only the days when she has to attend to medical
and legal concerns.