Knowing the Basics of RA 9262

By:
Atty. Joseph Kirby L. Calipayan
Public Attorney II
 THE PHILIPPINE CONSTITUTION
Section 14, Article II:

The State recognizes the role of women in

nation-building, and shall ensure the
fundamental equality before the law of
women and men.
 ADULTERY & CONCUBINAGE
Art. 333. Who are guilty of adultery. Adultery is
committed by any married woman who shall have
sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her
to be married, even if the marriage be subsequently
declared void.
Art. 334. Concubinage. Any husband who shall keep
a mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in
any other place, shall be punished by prision
correccional in its minimum and medium periods.
IS THERE EQUALITY BEFORE THE LAW
BETWEEN WOMEN AND MEN?
 THE EQUALIZER: RA 9262

Anti-Violence Against Women & Their

Children Act of 2004
 RA 9262 NUGGETS:
Womens groups, led by the National Commission
on the Role of Filipino Women (NCRFW), fought
patiently for RA 9262 for ten long years before it
became a law in March 2004.
Signed last 08 March 2004 and took effect on 27
March 2004
It does not violate the guarantee of equal
protection under the Constitution
It is not anti-male, husband-bashing, and
hate-men law
PUBLIC CRIME any citizen who has personal
knowledge of the crime can file a criminal
complaint for RA 9262
 WHO IS THE WOMAN VICTIM?
wife
former wife
a woman with whom the offender has or had
a sexual or dating relationship
a woman with whom the offender has a
common child;
 WHO IS THE CHILD VICTIM?
the abused womans children, boy or girl alike,
below 18 years old, whether legitimate or
illegitimate;

those who are 18 years of age or more but

incapable of taking care of themselves;

other children who live with the woman or are

under her care.
 WHO IS THE OFFENDER?
husband
ex-husband
boyfriend
ex-boyfriend
live-in partner
ex-live-in partner
one with whom the woman has a common child
one with whom the woman has/had sexual or
dating relationship
Can a woman be held
liable for committing
violation of RA 9262?
YES. A lesbian
partner/girlfriend or
ex-lesbian
partner/girlfriend can
also be held liable for
committing act or a
series of acts against
another woman with
whom the lesbian has
or had a sexual or
dating relationship.
VIOLENCE AGAINST WOMEN & THEIR
CHILDREN (VAWC) is any act or a
series of acts committed against the
victim which result in 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.
 ACTS WHICH CONSTITUTE VAWC:

Physical Violence
Sexual Violence
Psychological Violence
Economic Abuse
 PHYSICAL VIOLENCE
refers to acts that include bodily or physical
harm
 SEXUAL VIOLENCE
refers to an act which is sexual in nature,
committed against a woman or her child
 PSYCHOLOGICAL VIOLENCE
refers to acts or omissions causing or likely to
cause mental or emotional suffering of the
victim
 ECONOMIC ABUSE
refers to acts that make or attempt to make a
woman financially dependent
failure to provide support to the children
 RIGHTS OF THE VICTIMS OF VAWC
To be treated with respect and dignity
To confidentiality
To avail of legal assistance from the PAO or any public legal
assistance
To be entitled to support services from the DSWD and LGUs
To be entitled to all legal remedies and support provided by
the Family Code
To avail up to 10 days of leave of absence (WITH PAY) in
addition to other paid leaves
To be informed of their rights and the services available to
them, including their right to apply for a protection order.
 THE PURPOSES OF
PROTECTION ORDERS
prevents further acts of violence against a
woman or her child;
safeguards the victim from further harm;
minimizes any disruption in the victims daily
life;
facilitates the opportunity and ability of
control over her life.
 TYPES OF PROTECTION ORDERS
BARANGAY PROTECTION ORDER (BPO) is issued
by Punong Barangay / Kagawad; effective for 15
days
TEMPORARY PROTECTION ORDER (TPO) refers to
the protection order issued by the Court on the
date of filing after ex parte determination that
such order should be issued; effective for 30 days
and renewable / extendable.
PERMANENT PROTECTION ORDER (PPO) refers to
protection order issued by court after notice and
proper hearing.
 (SOME) CONTENTS OF
PROTECTION ORDERS
Prohibition of the respondent from threatening to commit or committing, personally or through
another, any of the acts mentioned in Section 5 of this Act;

Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise

communicating with the petitioner, directly or indirectly;

Removal and exclusion of the respondent from the residence of the petitioner, regardless of
ownership of the residence, either temporarily for the purpose of protecting the petitioner, or
permanently where no property rights are violated, and, if respondent must remove personal
effects from the residence, the court shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until respondent has gathered his things and escort
respondent from the residence;

Directing the respondent to stay away from petitioner and any designated family or household
member at a distance specified by the court, and to stay away from the residence, school, place
of employment, or any specified place frequented by the petitioner and any designated family or
household member;
 PENALTIES
Imprisonment
Fine
Mandatory Psychiatric or Psychological
Treatment
 OTHER FEATURES OF RA 9262
Any person, whether a private individual, a
public officer, or a government official
/worker, who, in accordance with law,
intervenes without using violence or restraint
greater than necessary to ensure the safety of
the victim, is not liable for any criminal, civil or
administrative accountability
 Battered Woman Syndrome as a Defense.
Victim-survivors who are found by the courts
to be suffering from battered woman
syndrome 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.
 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.
 Knowledge is power
And with GREAT POWER comes GREAT
RESPONSIBILITY
And your responsibility lies in ASSERTING your
rights if and when the need arises.

THANK YOU FOR LISTENING!