Literature VAWC (RA 9262)

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES
SECTION 2. 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.
 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. It includes, but is not limited to, the following acts:
o Physical Violence" refers to acts that include bodily or physical harm;
o 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:
 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;
 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;
 Prostituting the woman or child.
o 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.
o Economic abuse" refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:
 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;
 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;
 Destroying household property;
 Controlling the victims' own money or properties or solely controlling the conjugal money or
properties.
 "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and
psychological or emotional distress.
 "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result of cumulative abuse.
  "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a
combination thereof.
 "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a continuing basis during the course of the relationship.
A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a
dating relationship.
 "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.
 "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social
Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for
the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the
victim.
 "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the
victim and other children under her care.
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:
o Causing physical harm to the woman or her child;
o Threatening to cause the woman or her child physical harm;
o Attempting to cause the woman or her child physical harm;
o Placing the woman or her child in fear of imminent physical harm;
o 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:
 Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
 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;
 Depriving or threatening to deprive the woman or her child of a legal right;
 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;
o Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or
decisions;
o 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;
o 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:
 Stalking or following the woman or her child in public or private places;
 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
her/his will;
 Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child; and
 Engaging in any form of harassment or violence;
  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.
SECTION 8. Protection Orders.
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 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.
The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be
issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent
protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the
following reliefs:
 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 has gathered his things and escort respondent from the
residence;
 Directing the respondent to stay away from petitioner and 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;
 Directing lawful possession and use by petitioner of an automobile and other essential personal effects,
regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to
the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile
and other essential personal effects, or to supervise the petitioner's or respondent's removal of personal
belongings;
 Granting a temporary or permanent custody of a child/children to the petitioner;
 Directing the respondent to provide support to the woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by the respondent's employer for the same to be automatically
remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the
woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect
contempt of court;
 Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to
surrender the same to the court for appropriate disposition by the court, including revocation of license and
disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent,
the court shall order the offender to surrender his firearm and shall direct the appropriate authority to
investigate on the offender and take appropriate action on matter;
 Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage,
medical expenses, childcare expenses and loss of income;
 Directing the DSWD or any appropriate agency to provide petitioner may need; and
 Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the
petitioner and any designated family or household member, provided petitioner and any designated family or
household member consents to such relief.
Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or
annulment or declaration of absolute nullity of marriage.
The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or
the court from granting a TPO or PPO.
SECTION 14. Barangay Protection Orders (BPOs);
Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong
Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong
Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after
ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for
a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay
Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the
issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the
respondent, or direct any barangay official to effect is personal service.
The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.
SECTION 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued
by the court on the date of filing of the application after ex parte determination that such order should be issued. A court
may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The
court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court
shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the
assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the
merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the
court after notice and hearing.
Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall
not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents
appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and
immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow
ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The
court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made.
The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is
issued. The extended or renewed TPO may be modified by the court as may be necessary or applicable to address the
needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until
revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate
personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of
violence and the filing of the application.
Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall
become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the
order might arise did not exist.