REPUBLIC ACT 9262

Anti-Violence Against Women and their Children Act of 2004

(VAWC)
 1. What is VAWC?
• “Anti-Violence Against Women and their
Children.”
• An act or series of acts that result or is
likely to result, in physical, sexual, or
psychological harm or suffering of a
woman and her children, including
economic abuse committed against a
woman and her children. (Sec. 3a, RA
9262)
 2. Who are protected by
VAWC?
• Woman, her children, and children under
her care.

• Children of her “kasambahay”.

 3. Who are liable for VAWC?
• Husband
• Ex-husband
• Man or woman with whom she has or had
a dating relationship
• Man with whom she has a child
 4. Can a woman not married to the offender be
protected by the VAWC Act

• Yes, when the woman has a sexual or

“dating” relationship with the offender or
has a child with him.
 5. What is a “dating relationship”? What if there was no
sexual act (just dating)?

• “Dating relationship” refers to a situation

wherein the parties live together without
marriage or when they are romantically
involved with each other. It is not
necessary that parties have sexual
relationship, it is sufficient that they are
just romantically involved over time (Ang
vs. CA, GR No. 182835, April 20, 2010).
 6. Can a woman who had a single sexual act with the
offender file a case under the Anti-VAWC Act?

• Yes, a single sexual act is included in

“sexual relationship”. So if the offender
threatens to publicly humiliate the woman
after they had a one sexual act, the
woman can file for a Protection Order
and/or a criminal case.
 7. What acts are included in
VAWC?
1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic abuse
5. Other forms of violence such as
subjecting the woman to public ridicule or
public humiliation (Sec. 3, RA 9262)
 8. What is physical violence?
• “Physical violence” refers to acts that
include bodily or physical harm such as
punching or slapping the woman (Sec. 3-
a-a, RA 9262)
 9. What is psychological violence?

• “Psychological violence” refers to acts or

omissions causing or likely to cause
mental or emotional suffering of the victim
such as stalking or threatening to deprive
or actually depriving the victim of custody
of her child (Sec. 3-a-c, RA 9262).
• “Stalking” refers to the intentional act of
following the woman or placing her under
surveillance, directly or indirectly or
combination thereof.

• “indirectly” means using other persons to

stalk the woman.
 10. Is a husband’s infidelity a
form of violence?

• YES, it is psychological violence but they

must be married because RA 9262 uses
the phrase “marital infidelity”.
 11. What is economic abuse?
• Refers to an act which makes or attempts
to make the woman financially dependent
on the offender, such as not allowing the
wife to engage in a legitimate work, or
solely controlling conjugal funds or
properties, or taking the income of the
woman.
12. When the husband refuses to give sufficient support to
his wife, is that an act of VAWC?

• YES, For example, if he gives an

insufficient amount of support even if he is
financially capable.
 13. What is “sexual violence”?
• Includes rape, sexual harassment or acts
of lasciviousness.

E.g.
a. forcing the woman to have sex;
b. forcing the woman to watch obscene films
 14. Can a husband who forces his wife to have sexual
intercourse be liable under VAWC?

• YES, for marital rape under RA 8353 (Anti-

Rape Law of 1997) and sexual violence
under RA 9262.
• Remedy is a Protection Order which can
compel the husband to
• Leave the house;
• Stay away from his wife;
• Give financial support to wife and minor children, if
not married, only children are entitled to support.
 15. What are the reliefs
available to the woman?
1. Protection Order
a. Barangay Protection Order (BPO)
b. Temporary Protection Order (TPO)
or Permanent Protection Order (PPO)

BPO not required before filing TPO or PPO.

TPO can be granted ex parte within 24h.

2. File criminal complaint – VAWC is a
public crime.

3. File an action for damages – a victim of

VAWC is entitled to actual, compensatory,
moral and exemplary damages.
 16. Who can file TPO and
PPO?
a. The woman;
b. Parent or guardian of the woman;
c. Relatives within 4th civil degree of
consanguinity or affinity of the woman;
d. Social workers from LGU of DSWD;
e. Police officers;
f. Punong barangay or barangay kagawad;
g. Lawyers, therapists, consellor or health
care provider;
h. At least two (2) responsible citizens of the
city or municipality where the VAWC
occurred who have personal knowledge of
the offense committed.
 17. How is a TPO/PPO obtained?

• File verified petition with Family Court in

place where woman lives at present. Clerk
of Court can assist in filling up application
form for protection order.
• If no Family Court, file with RTC, MTC,
MTCC, MCTC.
 18. What if woman has no lawyer?

• Seek assistance from Clerk of Court or go

to PAO. Lawyer needed during hearings.
19. What reliefs may be granted in the TPO/PPO?

a. Prohibiting respondent from threatening

to commit or committing (personally or
through other persons) any act of VAWC;
b. Prohibiting respondent from harassing,
annoying, telephoning, contacting or
communicating (directly or indirectly) with
the woman;
c. Removing respondent from house where
woman lives;
d. Directing the respondent to stay away (at
a distance specified by the court);
e. Direct and automatic remittance of a part
of the respondent’s salary as support;
f. Granting temporary or permanent custody
of the minor children to the woman;
g. Directing possession and use by the
woman of a vehicle and other essential
personal effects, regardless of ownership;
h. Cancellation of firearm license;
i. Payment of property damages, medical
and childcare expenses and loss of
income;
j. Directing the DSWD to provide services
and shelter.
 20. What other civil cases can be filed together
with TPO and PPO?

a. Petition for Support;

b. Legal separation;
c. Nullity of Marriage;
d. Damages.
21. Can a protection order be issued against
a woman if filed by a man for child custody?

• NO. TPO or PPO cannot be filed by a man

against a woman for the purpose of
wrestling custody of children, even if the
man alleges that the woman is abusing
their children.
 22. What is the penalty for violation of VAWC?

• FOR PHYSICAL VIOLENCE:

a. Parricide – life imprisonment
b. Murder – 17y, 4mos, 1d to life imprisonment
c. Homicide - 17y, 4mos, 1d imprisonment
• FOR DEPRIVATION OF FINANCIAL
SUPPORT:
– 6mos, 1d to 2y, 4mos imprisonment
• FOR VERBAL ABUSE:
– 6y and 1d to 12y imprisonment

• FOR THREATS OF PHYSICAL

VIOLENCE:
– 4mos and 1day to 6mos imprisonment
23. Until when can the woman file a criminal case
for violation of the VAWC Act?

• 10-20 years for criminal cases.

• Within 20 years for deprivation of support.

24. What are the rights of VAWC victims under RA
9262?

a. To be treated with respect and dignity;

b. To avail of legal assistance from the PAO
or legal assistance from LGU’s;
c. To be entitled to support services from
DSWD and LGU;
d. To be entitled to all legal remedies and
support as provided for in the Family
Code;
e. To be informed of their rights and the
services available to them including their
right to apply for a protection order.
 25. What is Battered Woman Syndrome (BWS)?

• Refers to a scientifically defined pattern of

psychological and behavioral symptoms
found in women living in battering
situations as a result of cumulative abuse.
 26. How is BWS proven?

• Testimony of expert psychologist or

psychiatrist or NGO counsellor who helped
the woman.
28. What if it is proven in court that the woman has
BWS?

• Court will acquit the woman who killed or

injured her batterer because BWS is a
justifying circumstance.
 29. Is a woman diagnosed with BWS disqualified from
having custody of her children?

• NO.
 30. Will custody of children be given to the
partner/husband of the woman with BWS?

• NO.
 31. If the father of a minor child does not give
financial support, what cases can be filed against
him?
• Sec. 5-e-2 of RA 9262.

• Sec. 10-a of RA 7610

32. Is a husband who deprives his wife of custody
of minor children liable under VAWC?

• YES. Depriving the wife or threatening the

wife that he will deprive her of custody of
their minor children is psychological
abuse.
33. Is there any liability for persons who come to the aid of
the woman when they enter her house upon hearing her
shouts for help?

• NONE. Any person, private individual,

police, social worker, teacher or barangay
official who helped the victim, shall not be
liable for any criminal, civil or
administrative liability, provided that
he/she did not use violence or force
greater than necessary to ensure the
safety of the woman.
 34. What is the liability of a news reporter who covers
pending VAWC cases if he includes the face of the woman
or other info without her consent?

• The reporter can be held liable for

contempt of court. All records pertaining to
cases of VAWC are confidential.
• Penalty: 1 year imprisonment and fine not
more than ₱500,000.00.
 35. Can a judge advice the woman to reconcile with her
partner or compromise or withdraw her civil case for
protection order ?

• NO. Otherwise the judge may be

administratively liable.
 BARANGAY PROTECTION
ORDER (BPO)
• Is an ex parte protection order issued by
the Punong Barangay or Kagawad under
the VAWC Act ordering the respondent to
stop:
– A. causing harm to the woman and/or her
child; and
– B. Threatening to cause the woman or her
child physical harm
• BPO may prohibit the respondent from
harassing, annoying, telephoning,
contacting or communicating with the
woman, directly or indirectly.
 Grounds for the Issuance of
BPO
a. Causing physical harm to the woman or
her child; or

b. Threatening to physically harm the

woman or her child.
 Effectivity of BPO
• 15 days, non-extendible but another BPO
may be issued if within the 15-day period,
the respondent commits physical violence
or threatens to physically harm the
woman.
 Who can file BPO?
a. The woman;
b. Parent or guardian of the woman;
c. Relatives within 4th civil degree of
consanguinity or affinity of the woman;
d. Social workers from LGU of DSWD;
e. Police officers;
f. Punong barangay or barangay kagawad;
g. Lawyers, therapists, consellor or health
care provider;
h. At least two (2) responsible citizens of the
city or municipality where the VAWC
occurred who have personal knowledge of
the offense committed.
 Respondent in BPO
a. Husband or former husband;
b. Man or woman with whom the woman
has or had a sexual relationship or dating
relationship; or
c. Live-in partner or former live-in partner;
d. The man with whom the woman has a
child.
 Venue of BPO
a. In the barangay where the woman lives at
present;

b. In the barangay where the respondent

lives, if he lives in another barangay in
the same city/municipality.
 Rule if respondent lives in
another city or municipality

• Woman should file a TPO or PPO in the

Family Court where she lives at present.
 DUTY OF BARANGAY OFFICIAL IF RESPONDENT
LIVES IN ANOTHER CITY OR MUNICIPALITY

• Assist the woman in filing a criminal

complaint with the police and/or in filing an
application for protection order in court.
 APPLYING FOR BPO
• Fill out an application form and sign it.
• If unable to sign, the woman may affix her
thumbmark.
• Woman attests before the Punong
Barangay or kagawad as to the truth of her
statements.
• No need to be notarized.
 Application Fee for BPO

• None.
PROOF OF PHYSICAL INJURIES OR MEDICO-
LEGAL CERT. IN BPO FILING

• NO. Nut it is advisable that the woman

should get one, together with pictures of
her injuries. Needed for later filing of
criminal cases.
FAILURE OF BARANGAY OFFICIALS OR REFUSAL TO
ISSUE BPO WITHIN 24H OF APPLICATION

a. Filing of administrative complaint against

the barangay official for failure to perform
his/her duties. Must be filed with the
Sangguniang Panlungsod or Bayan.
b. Go to police station to file complaint.
c. Go to Clerk of Court of the Family Court
where she lives and request assistance in
filing for a Protection Order.
ARREST OF PERPETRATOR W/O A WARRANT
BY BARANGAY OFFICALS OR TANOD OR
POLICE
a. When any of the acts of violence is
occurring; or
b. When the barangay official has personal
knowledge that the act of violence has
just been committed and he/she has
probable cause to believe that the person
to be arrested has committed it; and
c. When in the presence of imminent danger
to life or limb of the woman.
 DUTY OF BARANGAY OFFICIALS WHO
CONDUCT WARRANTLESS ARREST

a. Confiscate any deadly weapon in the

possession of the perpetrator or within
their plain view;
b. After arresting perpetrator, immediately
bring him to the police station and get a
certified copy of the police blotter;
c. Record the arrest in the barangay
logbook and fill-u the Incident Report.
REMOVAL OF RESPONDENT FROM HOUSE THROUGH
BPO

• A BPO cannot remove a respondent from

the house. But the brgy. Officials should
advise the respondent to obey the BPO or
else they can file a criminal case for
violation of the BPO.

• Violation of BPO has penalty of 30 days

imprisonment.
 BPO AND FAILURE OF HUSBAND TO
GIVE SUPPORT

• BPO cannot be issued for failure of

husband/partner to provide support. It is
intended only for acts of physical violence
or threats of physical violence.
end
 QUIZ
1. What is the main objective of RA 9262?
(10 points)
2. What are the types of abuse covered by
RA 9262? Explain each. (10 points)
3. What is BWS? Explain. (10 points)
4. What are the remedies of a woman who
is a victim of BWS? Explain each and
state where such protection can be
availed. (10 points)