Republic Act No.

9262
March 08, 2004
An act defining violence against women and their children, providing for
protective measures for victims, prescribing penalties therefore, and for other
purposes
"Anti-Violence Against Women and Their Children Act of 2004"

What is RA No. 9262?

R.A. 9262 entitled “Anti-Violence Against Women and Their Children Act of 2004” is
a special law that defines acts of violence against women and their children, or
“VAWC”; penalizes such acts; and provides protective measures and remedies.
Brought about by the undeniable need for a law to protect women and children from
domestic violence, and supported by the advocacy of concerned women’s groups,
Congress enacted the said law, with the aim of giving women more than a fighting
chance in seeking redress in a legal system that was still replete with the patriarchal
influence of the past.

Section 2. Declaration of Policy.- It is hereby declared that the State values the
dignity of women and children and guarantees full respect for human rights. The
State also recognizes the need to protect the family and its members particularly
women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against
women and children in keeping with the fundamental freedoms guaranteed under the
Constitution and the Provisions of the Universal Declaration of Human Rights, the
convention on the Elimination of all forms of discrimination Against Women,
Convention on the Rights of the Child and other international human rights
instruments of which the Philippines is a party.

Section 3. Definition of Terms. (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.

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What are the acts included in VAWC?
It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical harm;
B. "Sexual violence" refers to an act which is sexual in nature, committed
against a woman or her child. It includes, but is not limited to:
a) rape, sexual harassment, acts of lasciviousness, treating a woman
or her child as a sex object, making demeaning and sexually
suggestive remarks, physically attacking the sexual parts of the victim's
body, forcing her/him to watch obscene publications and indecent
shows or forcing the woman or her child to do indecent acts and/or
make films thereof, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm or threat
of physical or other harm or coercion;
c) Prostituting the woman or child.

C. "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. It includes causing or
allowing the victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness pornography
in any form or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman

financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or activity,
except in cases wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the
right to the use and enjoyment of the conjugal, community or property
owned in common;
3. destroying household property;
4. controlling the victims' own money or properties or solely controlling
the conjugal money or properties.

How is this committed?

SECTION 5- ACTS OF VIOLENCE AGAINST WOMEN AND THEIR CHILDREN The

crime of violence against women and their children is committed through any of the
following acts:
(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;

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(e) desist from conduct which they have a 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;
(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

Who are the liable person on VAWC?

1. Husband, ex-husband
2. Boyfriend, or ex-boyfriend
3. Father of the woman’s child
4. Lesbian girlfriends/ partners or ex-partners
5. Any person with whom the woman has/had sexual or dating relationship

Who has jurisdiction over cases of violence against women and their children
under this law?
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.

What are protection orders (PO)?

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 Sec. 5 of this Act

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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. 

Barangay Protection Order – 15 days

Temporary Protection Order – 30 days
Permanent Protection Order – Lifetime

Who may file Petition for Protection Orders?

A petition for protection order may be filed by any of the following:
(a) the offended party;
(b) parents or guardians of the offended party;
(c) ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity;
(d) officers or social workers of the DSWD or social workers of local
government units (LGUs);
(e) police officers, preferably those in charge of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare provider of the petitioner;
(h) At least two (2) concerned responsible citizens of the city or municipality
where the violence against women and their children occurred and who has
personal knowledge of the offense committed.

Battered Woman Syndrome?

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.

In the determination of the state of mind of the woman who was suffering from
battered woman syndrome at the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/ psychologists.

Prohibited Defense
Being under the influence of alcohol, any illicit drug, or any other mind-altering
substance shall not be a defense under this Act.

What are the rights of the victims of VAWC?

 In addition to their rights under existing laws, victims of violence against
women and their children shall have the following rights:
(a) to be treated with respect and dignity;
(b) to avail of legal assistance form the PAO of the Department of Justice
(DOJ) or any public legal assistance office;

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 (c) To be entitled to support services form the DSWD and LGUs'
(d) To be entitled to all legal remedies and support as provided for under the
Family Code; and
(e) To be informed of their rights and the services available to them including
their right to apply for a protection order.

 Right to Damages. Any victim of violence under this Act shall be entitled to
actual, compensatory, moral and exemplary damages.

What are the Mandatory Programs and Services for Victims?

The DSWD, and LGU's shall provide the victims temporary shelters, provide
counseling, psycho-social services and /or, recovery, rehabilitation programs and
livelihood assistance.

The DOH shall provide medical assistance to victims.

Are records pertaining to cases of violence against women and their children
including those in the barangay confidential?
All records pertaining to cases of violence against women and their children
including those in the barangay shall be confidential and all public officers and
employees and public or private clinics to hospitals shall respect the right to privacy
of the victim. Whoever publishes or causes to be published, in any format, the name,
address, telephone number, school, business address, employer, or other identifying
information of a victim or an immediate family member, without the latter's consent,
shall be liable to the contempt power of the court.

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People vs. Genosa, G.R. No. 135981. January 15, 2004

That Marivic Genosa, the Appellant on the 15November1995, attacked and wounded
his husband, which ultimately led to his death. According to the appellant she did not
provoke her husband when she got home that night it was her husband who began
the provocation. The Appellant said she was frightened that her husband would hurt
her and she wanted to make sure she would deliver her baby safely. In fact, The
Appelant had to be admitted later at the Rizal Medical Centre as she was suffering
from eclampsia and hypertension, and the baby was born prematurely on December
1, 1995.

The Appellant testified that during her marriage she had tried to leave her husband
at least five (5) times, but that Ben would always follow her and they would reconcile.
The Apellant said that the reason why Ben was violent and abusive towards her that
night was because 'he was crazy about his recent girlfriend, Lulu Rubillos.

The Appellant after being interviewed by specialists, has been shown to be suffering
from Battered Woman Syndrome.
The appellant with a plea of self defense admitted the killing of her husband, she
was then found guilty of Parricide, with the aggravating circumstance of treachery,
for the husband was attacked while asleep.

Issue: Can Marivic Genosa be granted the Justifying circumstance of Self-defense,

and can she be held liable for the aggravating circumstance of treachery?

Ruling: No, Since self- defense since the existence of Battered woman syndrome,
which the appellant has been shown to be suffering in the relationship does not in
itself establish the legal right of the woman to kill her abusive partner. Evidence must
still be considered in the context of self-defense.

In the present case, however, according to the testimony of the appellant there was
a sufficient time interval between the unlawful aggression of the husband and her
fatal attack upon him. She had already been able to withdraw from his violent
behavior and escape to their children's bedroom. During that time, he apparently
ceased his attack and went to bed. The reality or even the imminence of the danger
he posed had ended altogether. He was no longer in a position that presented an
actual threat on her life or safety.

Without continuous aggression there can be no self-defense. And absence of

aggression does not warrant complete or incomplete self-defense.

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