RA 9262:

Anti- Violence against Women and their Children Act of 2004

-

Also known as Anti- VAWC act

Effective March 27, 2004
A special law protecting women and their children from all forms of abuse
Criminal statute; consists of 50 sections
Types of Violence covered:
a. Physical (physical injuries, mutilation)
b. Psychological, Emotional (stalking, ridicule, repeated verbal abuse,
depriving the woman of access to her family, marital infidelity, damage
or property)
c. Sexual (forcing the woman to watch obscene movies or engage in any
sexual act)
d. Economic (withdrawal of financial support, preventing her from
engaging in a legitimate profession/business/activity, deprivation or
threat of financial resources and the right to use conjugal or
community property)
Definition of Anti- VAWC act:
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
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
a. Relationship, past or present
b. Married or not; living in or not
c. Sexual or dating relationship
d. Including lesbian relationships
e. With common child
f. Falling under Sec. 5 (punishable acts)
Causing, threatening, attempting to cause physical harm
Placing the woman or her child in fear of imminent physical
harm
Attempting or compelling the woman or her child to engage in
conduct which they have a right to desist from, or to
Depriving or threatening to deprive the woman or her child of
custody or access to her family
Depriving them of financial support; insufficient financial support
Depriving or threatening to deprive the woman or her child of a
legal right

Preventing the woman from engaging in any legitimate

profession, occupation, business or activity, or controlling her
own money or properties or solely
controlling conjugal or
common assets
Causing or attempting to cause the woman or her child to
engage in any sexual
activity..., by force or threat, physical
harm, intimidation directed against the
woman, her child,
or immediate family *
Engaging in knowing or reckless conduct, personally or through
another, that alarms or causes substantial emotional or
psychological distress including:
(1) stalking
(2) entering or remaining in the property
Causing mental or emotional anguish, public ridicule, humiliation
including
repeated verbal and emotional abuse*
Denial of financial support or custody of minor children or denial
of access to the womans child
PRESCRIPTION PERIOD: 10 years. All others, 20 years
Sec 6: Penalties:
Aggravating circumstance: if the woman or child is pregnant or
committed in the presence of her child, the penalty shall be the
maximum of the period of penalty
Imprisonment plus: fine of Php100,000- 300,000, and mandatory
psychological counseling or psychiatric treatment
Venue:
Criminal action: Family Court or if none, in the RTC or depends at the
option of complainant
Protection Order: Family Court in the residence of petitioner or if none,
RTC/MTC/MCTC
Protection Orders (P.O.)
Prohibition from threatening or committing, any of punishable acts
Removal and exclusion from the residence regardless of ownership,
temporarily or permanently where no property rights are violated
Stay away from petitioner, any designated family or household
member
Temporary or permanent custody of child
Support automatic remittance of salary or income by employer
Dept of Social Welfare & Dev to provide shelter and social services
Who may file for Protection Orders (P.O.)?
Offended party
Parents or guardians
Ascendants, descendants, collateral relatives within 4 th degree of
consanguinity or affinity
Social workers of DSWD or LGUs
Police officers

Punong Barangay or kagawad

Lawyer, counselor, therapist, healthcare provider
At least 2 citizens of the city or municipality who have personal
knowledge of the offense
Kinds of Protection Orders
A. Barangay Protection Order
o Issued by Punong Barangay (Kagawad, if not available)
o Effective for 15 days only
o Ordering perpetrator to desist from committing physical harm or
threatening
B. Temporary Protection Order
o Issued by the Court on the day of filing
o Ex parte ; Priority over all other cases
o Effective for 30 days; extendible
o Stay away order, temporary custody and support to woman and/or
her children, use of community/conjugal property
o Bond to Keep the Peace
o Enforceable anywhere in the country
o No mediation; no conciliation
C. Permanent Protection Order
o Issued after notice and hearing
o Priority over all other proceedings such as election cases, habeas
corpus, etc.
o Custody, support to the woman and/or her children
o Respondent to leave the residence permanently
o With Bond to Keep the Peace
*Public Crime: Any citizen having personal knowledge of the circumstances of
the offense may file a case
Battered Woman Syndrome (BWS)
Scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result
of cumulative abuse
Justifying circumstance
A victim with BWS is not disqualified from having custody of her
children
Perpetrator of crime against a woman with BWS shall not have custody
of children
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
Rights of victims
Right to be treated with respect & dignity;
Legal assistance; support services from DSWD, local governments

Privacy and confidentiality of records

Additional 10 day paid leave from work aside from present paid leave
benefits
Effectiveness of the Law
The law is a product of cooperation of womens rights organizations
and legislators, hence the comprehensive remedies
Protection Orders are being increasingly used by women to protect
themselves, get support, get back their minor children
Barangay protection order is available to poor rural women who have
no easy access to the courts
Supreme Court issued a Rule on VAWC, governs the trial of the case
Government officials, including judges are prohibited from mediating
e.g. to influence the woman to give up her reliefs
Local government units are tasked with education campaign to
eliminate VAW
Mechanism for government implementers and support services
Inter-Agency on VAW is provided in the law; government implementers
have Implementing Rules and Regulations enumerating their duties
Problem: lack of funds for training
Problems, gaps, lessons:
The law does not provide for appropriations, funding for training of
implementers and support services for the woman
Corruption in the judiciary, prosecution service
Low level of gender sensitivity among prosecutors
Ignorance of the law by police officers who are not in the womens and
childrens desks
Lack of quality gender sensitivity seminars for judges who are not
family court judges, and prosecutors
Misuse of the laws and rules by lawyers, e.g. retaliation suits against
women who have protection orders
SOURCES:
http://www.lawphil.net/statutes/repacts/ra2004/ra_9262_2004.html
http://www.slideshare.net/ethelbubailagustanmoreno/violence-againstwomen-ra9262-a-powerpoint-presentation
http://www.slideshare.net/bigkiskababaihan/antiviolence-against-women-andchildren