REPUBLIC ACT No.

9262
ANTI-VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN
ACT OF 2004

ATTORNEY RUTH EUNICE L. MINA

Legal Service, DSWD
Woman- refers to the following:

1. wife
2. former wife
3. one with whom the person has or had a
dating or sexual relationship
4. one with whom he has a common child
 Child
- person below 18 years of
age or older but who is
unable to fully take care of
himself/herself from abuse,
neglect, cruelty, exploitation
or discrimination because of
a physical or mental
disability or condition.
Violence against women and their children

-refers to any act or a series of acts

committed by any person against a woman or
against her child whether legitimate or
illegitimate, within or without the family
abode, which result in or is likely to result in
physical, sexual, psychological harm or
suffering, or economic abuse.
 Violence Against Women &
their children (VAWC)
 any act or series of acts committed by any
PERSON
 against a WOMAN who is his wife, former wife,
or with whom the person has or had a sexual or
dating relationships, or
 with whom he has a common child, or
 against her child/child under her care
 VAWC
-Which result or is likely to result in physical,
sexual, psychological harm or suffering or
economic abuse including threats of such
acts,
-Battery, assault, coercion, harassment or
arbitrary deprivation of liberty
 ELEMENTS
 Relationship, past or present
 Married or not; living in or not
 Sexual or dating relationship
 Including lesbian relationships
 With common child
 Falling under Sec. 5 (punishable acts)
 ACT OR ACTS WHICH
CONSTITUTE VIOLENCE
AGAINST WOMEN AND
THEIR CHILDREN

Physical violence
Sexual violence
Psychological violence
Economic violence
PHYSICAL VIOLENCE
- refers to acts that include
bodily or physical harm.
It includes causing,
threatening, attempting
to cause physical harm to
the woman or her child
or placing the woman or
her child in fear of
imminent physical harm.
SEXUAL VIOLENCE
- refers to an act which is sexual in
nature like rape, sexual
harassment, acts of lasciviousness,
treating a woman or her child as a
sex object, making demeaning and
sexually suggestive remarks, forcing
the wife and mistress/lover to live
in the conjugal home or sleep
together in the same room with the
abuser, forcing the woman or her
child to watch indecent shows or do
indecent acts, or prostituting the
woman or child.
PSYCHOLOGICAL VIOLENCE
- refers to acts or omissions causing or is
likely to cause mental or emotional
suffering of the victim like intimidation,
harassment, stalking, peering in the
window or lingering outside the residence
of the woman or her child, entering or
remaining in the dwelling or on the
property of the woman or her child against
his or her will, destroying the property,
public ridicule or humiliation, repeated
verbal abuse and marital infidelity, or
unlawful or unwanted deprivation of the
right to custody and/or visitation of
common children.
ECONOMIC ABUSE
- refers to acts that make or attempt to
make a woman financially dependent
like withdrawal of financial support or
preventing the victim from engaging
in any legitimate profession,
occupation or business, deprivation or
threat of deprivation of financial
resources and the right to the use and
enjoyment of their property,
controlling the victim’s own money or
properties or solely controlling the
conjugal money or properties.
 Remedies of the offended party

1. File a Petition for a Protection Order

2. File a Criminal Action for Violation of
Anti-VAWC
3. File a Criminal Action with reservation
of a separate civil action; or
4. File a Civil Action for Damages
PROTECTION ORDER - an order issued for
the purpose of preventing or safeguarding
further acts of violence against a woman or
her child, minimizing any disruption in the
victim’s daily life, and facilitating the
opportunity and ability of the victim to
independently regain control over her life.
 KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by the

Punong Barangay, or in his absence the Barangay Kagawad,
ordering the perpetrator to desist from causing or
threatening to cause physical harm or bodily injury against
the offended party. This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO) - issued by

the court on the date of filing of the application or in the
course of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO) - issued by

the court after notice and hearing and effective until
revoked by the court upon application of the person in
whose favor the order was issued.
 RELIEFS GRANTED UNDER THE PROTECTION
ORDER

1. Prohibition from committing or threatening to commit acts of

violence;

2. Prohibition from harassing, annoying, telephoning, contacting

or communicating with petitioner;

3. Removal or exclusion of respondent from residence of

petitioner, regardless of ownership of the residence, either
temporarily or permanently;

4. Directing respondent to stay away from the residence,

school, place of employment of petitioner or designated
family or household member;
5. Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,
regardless of ownership;

6. Granting a temporary or permanent custody of a

child/children to petitioner;

7. Directing respondent to provide support to the

woman and/or her child if entitled to legal support;

8. Prohibition to use, possess any firearm or deadly

weapon and to surrender the same to the court
including revocation of license and disqualification
to apply for license;
9. Actual damages;

10. Directing DSWD or any appropriate

agency to provide temporary shelter;
therapy, counseling, and

11. other reliefs

 WHO MAY FILE PETITION FOR
PROTECTION ORDER

1. offended party
2. parents or guardian
3. ascendants, descendants and other relatives
4. Social Worker
5. Police Officer
6. Punong Barangay or kagawad
7. Lawyer, counselor or therapist
8. Two (2) concerned and responsible citizens
 WHERE TO APPLY FOR A PROTECTION
ORDER

BPO- in the Barangay where the parties reside or

where the respondent resides.

TPO and PPO- in the Family Court where the

petitioner resides. If none, in the RTC, MeTC,
MTCC, MTC or MCTC where the petitioner
resides.
 FLOWCHART ON THE ISSUANCE AND ENFORCEMENT OF
BARANGAY PROTECTION ORDER (BPO) PER RA 9262
Victim- PB/Kagawad PB/Kagawad
The The PB/
survivor interviews interviews
victim, victim, PB/Kagawad Kagawad Yes
reports serves BPO
records, & records, & issued BPO
START incident to to the BPO
the advises her advises her on the same
respondent received A
to file an to file an day of
Barangay
application application appointment
for BPO* for BPO*

No

C B
Respondents
A Receives BPO PB/kagawad
transmits copy of PB/LSWDO PB/ kagawad
The PB/ issued BPO to monitors
provides
Kagawad respondent’s
records all
PNP Women & counseling
compliance to BPO
BPOs issued Children assistance to
If respondent is victim
not around, the Protection Unit
PB/Kagawad will Yes
leave a copy of
B the BPO at the BPO
said address in violated D
the presence of
2 witnesses

No
Victim/PB files
D complaint for BPO END C
violation with
MTC/MCTC
*If PB is not available, any available Brgy. Kagawad may admit the complainant
Sample of Barangay Protection Order
 FLOWCHART IN HANDLING VAWC CASES B
No
victim
Yes decides not
A to return
PB/Kagawad PB/Kagawad home?
receives info any concerned The PB/
individual goes Is
(orally or in Yes Kagawad
to the erear & perpe-
wiritng) from
trator
serves BPO Yes
enters the
concerned around?
to the
dwelling, respondent
individual or
verifies
neighbor incident PB/Kagawad Is victim
assists victim injured
get medical and/or
START
No attention & psycholo-
B refers victim gically
to nearest disturbed?
Victim available
reports PB/Kagawad hospital
incident to interviews No
PB/ victim,
Kagawad / records, &
PNP station advises her B
to file an
application
for BPO*

Punong Barangay (PB)/

Kagawad Duties and Function LSWDO / PNP Functions Process Points

Victim Prosecutor/ Court Functions Decision Points

 FLOWCHART IN HANDLING VAWC CASES

The PB/
Kagawad
BPO served to serves BPO
Victim stays
with
C respondent
to the
respondent
relatives /
friends B Yes
A
PB/Kagawad
BP/ Victim
PB/ >victim conducts ex
parte kagawad agrees on
Kagawad concerned part issues BPO BPO
refers victim file/s hearing on
to DSWD/ application for BPO Yes
LSWDO BPO

>PB/Kagawad
logs incident
No
PB/Kagawad / No
LSWDO
provides
counselling to
victim and/or
perpetrator
after ex parte
hearing on
BPO

Punong Barangay (PB)/

Kagawad Duties and Function LSWDO / PNP Functions Process Points

Victim Prosecutor/ Court Functions Decision Points

 FLOWCHART IN HANDLING VAWC CASES
E

PB/ kagawad
Court hears
files a case for Prosecutor files Court issues case &
violation of a case for BPO
BPO TPO issues BPO
C violated
BPO violation of BPO issued
Yes

No

END

PB/Kagawad
PB/Kagawad Complainant
provides
sustained
monitors LSWDO/PN /victim files
assistance
case for 15,
days reports
P monitors complaint D E
and refers & evaluate with PNP Yes
(within 15
victim for case
days) &
other
support
refers case No
to PNP/ local
services
social Concerned
worker agencies
provide
intervention
Punong Barangay (PB)/
Kagawad Duties and Function LSWDO / PNP Functions Process Points

Victim Prosecutor/ Court Functions Decision Points

 FLOWCHART IN HANDLING VAWC CASES

PNP refers Prosecutor files

complaint to Prosecutor a case in court &
D prosecutor for files a applies for TPO E
preliminary case? Yes
investigation

Victim
No
appeals
case to
DOJ

Punong Barangay (PB)/

Kagawad Duties and Function LSWDO / PNP Functions Process Points

Victim Prosecutor/ Court Functions Decision Points

EXEMPTION FROM LIABILITY
 NO CRIMINAL, CIVIL, ADMINISTRATIVE
LIABILITY :
 Any person, private individual, police
authority, barangay official acting in
accordance with law, who
 responds or intervenes without using
violence or restraint greater than
necessary to ensure safety of the victim
 PENALTIES
a.Causing physical harm to the woman or her child

1. if constituting attempted, frustrated or

consummated parricide or murder or
homicide or mutilation – punished in accordance
with the provisions of the Revised Penal Code;
2. if constituting serious physical injuries – penalty
of prision mayor;
3. if constituting less serious physical injuries –
punished by prision correccional; and
4. if constituting slight physical injuries – punished
by arresto mayor.
b. Threatening to cause the woman or her child physical harm –
imprisonment of two (2) degrees lower than the prescribed
penalty for the consummated crime but shall in no case be
lower than arresto mayor.

c. Attempting to cause the woman or her child physical harm –

punished by arresto mayor.

d. Placing the woman or her child in fear of imminent physical

harm – punished by arresto mayor.
e. Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right
to desist from or to desist from conduct
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 threat of force, physical or other harm or
threat of physical or other harm, or
intimidation directed against the woman or
her child – punished by prision
correccional.
f. Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions – punished by arresto
mayor.

g. 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 – punished by prision
mayor.
h. 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 –
punished by prision mayor.

i. Causing mental or emotional anguish,

public ridicule or humiliation to the
woman or her child – punished by
prision mayor.
BATTERED WOMAN
SYNDROME (BWS)
- refers to a scientifically
defined pattern of psychological
and behavioral symptoms found
in women living in battering
relationships as a result of
cumulative abuse. This is a
novel defense where victim-
survivors do not incur criminal
and civil liability.
People of the Phil.
Vs.Marivic Genosa
GR No. 135981, January 15,
2004