The Laws on Violence Against

Women in the Philippines

Before 1995:
Gender based violence was not
recognized in Philippine laws.
Revised Penal Code covered offenses
committed against women, e.g.,
physical injuries, rape, acts of
lasciviousness, seduction, parricide,
homicide, murder
Civil Law
Had discriminatory provisions on
women, treated as subordinate to
husbands
Could not accept gifts from men other
than their husbands without their
consent
Husband had sole administration of
the conjugal partnership
1987 CONSTITUTION:State Policies
Sec. 2 adopts the generally accepted
principles of international law as part
of the law of the land (CEDAW, CRC,
other Conventions)
Full respect for human rights
Sec. 14. fundamental equality before
the law of women and men
1987 Constitution
Sec. 14 The State shall protect
working women by providing safe and
healthful working conditions xxx
RA 9262: Anti VAWC Act
Effective March 27, 2004
A special law protecting women and
their children from all forms of abuse
Criminal statute
Civil action Temporary & Permanent
Protection Order
With remedy of Barangay (village)
Protection Order
What Influenced the Creation of
RA 9262?
Marivic Genosa case
In the People v. Genosa case, the woman was
sentenced to imprisonment of six (6) years and one
(1) day to 14 years 8 months and 1 day as maximum
because [1] the presence of BWS was not proven;
and [2] the SCs decision was limited with the
prevailing provisions of the Revised Penal Code which
did not consider BWS as a justifying circumstance
that would enable Genosa to claim valid self-
defenseas the case was decided several months
before the passage of R.A. 9262 into law in March
2004.
Battered Woman Syndrome
A battered woman has been defined as a woman
who is repeatedly subjected to any forceful physical
or psychological behavior by a man in order to coerce
her to do something he wants her to do without
concern for her rights.
Battered women include wives or women in any form
of intimate relationship with men. Furthermore, in
order to be classified as a battered woman, the
couple must go through the battering cycle at least
twice. Any woman may find herself in an abusive
relationship with a man once. If it occurs a second
time, and she remains in the situation, she is defined
as a battered woman.
Battered Woman Syndrome
More graphically, the battered woman
syndrome is characterized by the so-called
cycle of violence, which has three phases:
(1) the tension-building phase; (2) the
acute battering incident; and (3) the
tranquil, loving (or, at least, nonviolent)
phase.
Requisites for Battered Woman
Syndrome
Woman repeatedly subjected to any forceful physical or
psychological behavior by a man in order to coerce her
to do something he wants her to do without concern for
her rights.
Must go through battering cycle at least twice.
Exhibit Common Personality traits
Low self-esteem
Traditional beliefs about the home
The family and the female sex role
Emotional dependence upon the dominant male.
The tendency to accept responsibility over batterers
actions.
False hopes that the relationship will improve.
Sec. 26 RA 9262
On Sec. 26 of R.A. 9262, 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.
Hence, under R.A. 9262, even if the elements of self-defense
are not present, a woman suffering from the said syndrome
shall not be criminally and civilly liable. BWS becomes a
justifying circumstance that can acquit the accused woman. In
effect, this gives a very broad protection for the woman
suffering from BWS. However, expert
psychiatrists/psychologists must attest with proper
examination and documentation that the victim is indeed
suffering from Battered Woman Syndrome.
 The concept of battered woman only
applies to wives or women who are in
any form of dating or intimate
relationship with men. Despite the
interesting development of the
concept of BWS in Philippine laws, its
application to prevailing
circumstances has yet to be observed
and tested.
Types of Violence covered in RA
9262

PHYSICAL
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.
 PSYCHOLOGICAL, EMOTIONAL
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.
 SEXUAL
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.
 ECONOMIC
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 victims own money or properties or
solely controlling the conjugal money or
properties.
Def.: 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
Def: 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)
Sec. 5 Acts of Violence Against
Women and Their Children
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;
Sec. 5 Acts
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 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 child. This shall include, but
not limited to, the following acts committed with
the purpose or effect of controlling or restricting
the woman's or her child's movement or conduct:
 (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, or
deliberately providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the woman or her child
of a legal right;
(4) Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or controlling the
victim's own mon4ey or properties, or solely controlling the
conjugal or common money, or properties;
F. Inflicting or threatening to inflict
physical harm on oneself for the purpose of
controlling her actions or decisions;
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;
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. 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;
(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;
I. 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.
Remedies of the Offended Party
File a Petition for a Protection
Order
File a Criminal Action for Violation
of Anti-VAWC
File a Criminal Action with
reservation of a separate civil
action; or
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 victims daily life, and
facilitating the opportunity and ability
of the victim to independently regain
control over her life.
Purpose of Protection Orders
to prevent further acts of violence
against a woman or her child.

to safeguard the victim from further

harm

to minimize disruption in victims daily

life

give her the opportunity and ability to

regain control over her life.
Kinds of Protection Orders
Barangay Protecton Order 15 days;
not extendible
Temporary Protection Order 30
days + (shall be renewed by court)
Permanent Protection Order
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 for Protection
Orders (P.O.)
Offended party
Parents or guardians
Ascendants, descendants, collateral relatives
within 4th 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
Temporary Protection Order
Issued by the Court on the day of filing
Ex parte ; Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody and
support to woman and/or her children, use
of community/conjugal property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation
Permanent Protection Order
issued after notice and hearing
custody, support to the woman
and/or her children
respondent to leave the residence
permanently
with Bond to Keep the Peace
Where To Apply For
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.
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
2010 Bar Exam Question and Suggested Answer on
Justifying Circumstances, Battered Woman Syndrome
(Criminal Law)

QUESTION:
Jack and Jill have been married for seven years. One night, Jack
came home drunk. Finding no food on the table, Jack started
hitting Jill only to apologize the following day. A week later, the
same episode occurred Jack came home drunk and started
hitting Jill.

Fearing for her life, Jill left and stayed with her sister. To woo Jill
back, Jack sent her floral arrangements of spotted lilies and
confectioneries. Two days later, Jill returned home and decided to
give Jack another chance. After several days, however, Jack again
came home drunk. The following day, he was found dead.

Jill was charged with parricide but raised the defense of "battered
woman syndrome."

Would the defense prosper despite the absence of any of the

elements for justifying circumstances of self-defense under the
Revised Penal Code? Explain. (2%)
ANSWER:
Yes, Section 26 of Rep. Act No. 9262
provides that 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.
2015
Question
Dion and Talia were spouses. Dion
always came home drunk since he
lost his job a couple of months ago.
Talia had gotten used to the verbal
abuse from Dion. One night, in
addition to the usual verbal abuse,
Dion beat up Talia.
 The next morning, Dion saw the injury that he
had inflicted upon Talia and promised her that
he would stop drinking and never beat her
again. However, Dion did not make good on his
promise. Just after one week, he started
drinking again. Talia once more endured the
usual verbal abuse. Afraid that he might beat
her up again, Talia stabbed Dion with a kitchen
knife while he was passed out from imbibing
too much alcohol. Talia was charged with the
crime of parricide.
 a) May Talia invoke the defense of
Battered Woman Syndrome to free
herself from criminal liability? Explain.
(2.5%)

b) Will your answer be the same,

assuming that Talia killed Dion after
being beaten up after a second time?
Explain. (2.5%)
2011
Question: The husband has for a
long time physically and mentally
tortured his wife. After one
episode of beating, the wife took
the husbands gun and shot him
dead. Under the circumstances,
her act constitutes
 (A) mitigating vindication of grave
offense.
(B) battered woman syndrome, a
complete self-defense.
(C) incomplete self-defense.
(D) mitigating passion and
obfuscation.
 Answer: (B) battered woman
syndrome, a complete self-defense.
2011
A battered woman claiming self-
defense under the Anti-Violence
against Women and Children must
prove that the final acute battering
episode was preceded by:
(A) 3 battering episodes.
(B) 4 battering episodes.
(C) 5 battering episodes.
(D) 2 battering episodes.
 Answer: (D) 2 battering episodes.