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Salient Features of Republic

Act 9262 or Anti-Violence


Against Women and their
Children Act of 2004
Synopsis by Atty. Pevi Mae P. Jalipa, CPA
What is Violence Against Women and
their Children
Section 3 of RA 9262 provides:
(a) "Violence against women and their children" refers to any act
or a series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the person
has or had a sexual or dating relationship, or with whom he has a
common child, 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 including threats of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty.
Purpose of Anti-VAWC

To uphold the dignity of Women and children


and guarantees full respect for human rights

To protect the family and its members


particularly women and children, from violence
and threats to their personal safety and security.
Forms of Violence
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 such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and mental
infidelity.
"Economic abuse" refers to acts that make or attempt to make a
woman financially dependent.
Who can be victims of RA 9262

A victim can be
Wife (married or not married)
Ex-wife
Boyfriend-Girlfriend relationship
Any woman with a child with the man
Any woman with a previous relationship
with the man
Who can File a case for Anti-VAWC or
Violation of RA 9262?
RA 9262 is a public crime. The offended party can file a
case for Anti-VAWC, including but not limited to:
Social Worker
Police Officer
Barangay Kagawad
Lawyer
Relative
Friend
Any person who has knowledge of the crime
What are the acts punishable by RA
9262?
Causing physical harm to the woman or her child;
Threatening to cause the woman or her child physical harm;
Attempting to cause the woman or her child physical harm;
Placing the woman or her child in fear of imminent physical harm;
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.
What are the acts punishable by RA
9262?
Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
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;
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.
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.
Who are liable for Violation of RA 9262?

Juana, married, 35 years old, with 5 children with


ages: 1, 4, 5, 6 and 8 years old. Juana is physically
battered by her husband who was jobless and
drunkard. Juana is the breadwinner of the family by
offering laundry services. One night, she was found
to be full of bruises.

What steps must be done?


Steps to Undertake:
1. Seek Medical Assistance
2. Seek Psychological Counseling
3. Seek Legal Assistance from:
1. Police
2. Department of Justice
3. Public Attorneys Office
4. Lawyers
WHAT IS A PROTECTION ORDER?

A protection order is an order issued under this act


for the purpose of preventing further acts of
violence against a woman or her child specified in
Section 5 of this Act (Acts of Violence Against
Women and Their Children) and granting other
necessary relief. The relief granted under a
protection order serve the purpose of safeguarding
the victim from further harm, 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.
Who will enforce the Protection Order?

Law enforcement
Agencies like the police
Effect of the Protection Order

Prevent the offender to do physical harm


against the victim
Prevent the offender to threaten to do physical
harm against the victim
Prevent the offender from communicating with
the victim
Who can apply for a Protection Order
from the Barangay or from the Court?

Offended Party
Parents of the Offended Party
Relative of the Offended Party
Social Worker
Barangay Kagawad
Kinds of Protection Orders

Barangay Protection Order


Temporary Protection Order
Permanent Protection Order
How to file an application for Temporary
Protection Order or Permanent Protection
Order before the court?
Avail services of the Public Attorneys Office or any official with the
Department of Justice
Avail Private Services of a lawyer.
Where to file the case for violation of
RA 9262?
The Regional Trial Court designated as a Family
Court shall have original and exclusive
jurisdiction over cases of violence against
women and their children under this law. In the
absence of such court in the place where the
offense was committed, the case shall be filed
in the Regional Trial Court where the crime or
any of its elements was committed at the option
of the compliant.
Can the Barangay act as mediator of the
offender and the offended party including
lawyers?
No. The Local Government Code
does not allow the Punong Barangay
to mediate any cases for violation
against women and their children
Why is there a need to help battered
women?
No one has the right to physically harm any
women.
True love is based on respect, care and equality.
With the aid of the community, a violent marital
relationship can be prevented