Vawc Medellin

AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN, PROVIDING

FOR PROTECTIVE MEASURES FOR VICTIMS
What Everyone should know
about Violence Against Women
and Children?
Violence comes in many forms. It is not just physical,
like a black eye or a swollen face. Other forms of
violence are less visible but equally painful and
damaging.
At present though, victims can take refuge
in Republic Act 9262 otherwise known as the Anti-
violence against Women and Children Act of 2004
which penalizes various forms of violence. A victim
can also claim for damages.
What are the different acts of
violence?
1. Physical violence – acts that include bodily
or physical harm;
2.Sexual violence – acts which are sexual in
nature;
3.Psychological violence – commission or
omission of acts which cause mental or
emotional suffering of the victim;
4.Economic abuse – acts that make a woman
financially dependent on the offender.
Who are protected under the
law?
The Anti-VAWC Act protects women and their children,
specifically:
1.Wife or former wife of the offender;
2.Woman with whom the offender has or had a dating or
sexual relationship;
3.The mother of the child of the offender;
4.The child, whether legitimate or illegitimate of the
woman.
Who are punished by the law?
The following are liable:
1.Husbands or former husbands;
2.Any person with whom the victim has or had a
sexual or dating relationship (e.g. boyfriends, live-in
partners, or lesbian partners);
3.Any person with whom the victim has a common
child;
4.Father of the child-victim
What can a victim of violence do?
The victim can file any or all of the following:
1.Protection Orders
a. Barangay Protection Order
b. Temporary and Permanent Protection Orders
2.Independent Civil Action for Damages
3.Criminal Action for Violation of the Anti-VAWC
Act
What is a Barangay Protection
Order (BPO)?
A BPO is the protection order issued by the Punong
Barangay, or by any kagawad, if the Punong Barangay
is unavailable. It commands the offender to refrain or
stop from committing or threatening to commit harm
to the victim. The Order is valid for only 15 days.
What is a Permanent Protection
Order (PPO)?
A PPO is the Order issued by the court commanding
the offender from further committing or threatening
to commit harm to the victim. It is issued after notice
and hearing wherein the offender is given the
opportunity to present his evidence. A PPO is
effective until revoked by a court upon application of
the victim or by an authorized applicant, if the
application was not filed by the victim.
What are the penalties for
committing VAWC?
If the courts have proven that the offender is guilty of
the crime, he may be imprisoned and will be obliged
to pay P100,000 to P300,000 in damages. The length
of imprisonment depends on the gravity of the crime.
WHO TO GO TO FOR HELP:
OFFICE / AGENCY Contact Number
Medellin Police Station
(WCPD)
MSWDO / DSWD
WOMEN’S LEGAL
BUREAU
CHILDREN’S LEGAL
BUREAU
OTHERS
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 given to the
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. In no case shall custody of minor
children be given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
SECTION 30. Duties of Barangay
Officials and Law Enforcers
Barangay officials and law enforcers shall have the following
duties:
(a) respond immediately to a call for help or request for
assistance or protection of the victim by entering the 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 for help;
 (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 Act is occurring, or when he/she
has personal knowledge that any act of abuse has just been committed,
and there is 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 of LGUs or 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 Thousand Pesos (P10,000.00) or
whenever applicable criminal, civil or administrative liability.
SECTION 35. Rights of Victims
In addition to their rights under existing laws, victims of violence
against women and their 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 assistance 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 protection order.

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AN ACT DEFINING VIOLENCE AGAINST

WOMEN AND THEIR CHILDREN, PROVIDING

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