REPUBLIC ACT 9262

ANTI-VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT OF 2004
(Anti-VAWC)
Violence against women and their children
- refers to any act or a series of acts committed
by any person against a woman 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.
Woman- refers to the following:

1. wife
2. former wife
3. one with whom the person has or had a
dating or sexual relationship
4. one with whom he has a common child
Child- person below 18 years of age or older
but who is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a
physical or mental disability or condition.
 ACT OR ACTS WHICH CONSTITUTE
VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN

PHYSICAL VIOLENCE - 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.
SEXUAL VIOLENCE - 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.
PSYCHOLOGICAL VIOLENCE - 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.
ECONOMIC ABUSE - 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.
 Remedies of the offended party

1. File a Petition for a Protection Order

2. File a Criminal Action for Violation of
Anti-VAWC
3. File a Criminal Action with reservation
of a separate civil action; or
4. 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.
 KINDS OF PROTECTION ORDER

1. BARANGAY PROTECTION ORDER (BPO) - issued by the

Punong Barangay, or in his absence the Barangay Kagawad,
ordering the perpetrator to desist from causing or
threatening to cause physical harm or bodily injury against
the offended party. This is effective for 15 days.

2. TEMPORARY PROTECTION ORDER (TPO) - issued by

the court on the date of filing of the application or in the
course of the hearing and effective for 30 days.

3. PERMANENT PROTECTION ORDER (PPO) - issued by

the court after notice and hearing and effective until
revoked by the court upon application of the person in
whose favor the order was issued.
 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 PETITION FOR
PROTECTION ORDER

1. offended party
2. parents or guardian
3. ascendants, descendants and other relatives
4. Social Worker
5. Police Officer
6. Punong Barangay or kagawad
7. Lawyer, counselor or therapist
8. Two (2) concerned and responsible citizens
 WHERE TO APPLY FOR A PROTECTION
ORDER

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.
 PENALTIES
a.Causing physical harm to the woman or her child

1. if constituting attempted, frustrated or

consummated parricide or murder or
homicide or mutilation punished in accordance
with the provisions of the Revised Penal Code;
2. if constituting serious physical injuries penalty
of prision mayor;
3. if constituting less serious physical injuries
punished by prision correccional; and
4. if constituting slight physical injuries punished
by arresto mayor.
b. Threatening to cause the woman or her child
physical harm imprisonment of two (2)
degrees lower than the prescribed penalty for
the consummated crime but shall in no case be
lower than arresto mayor.

c. Attempting to cause the woman or her child

physical harm punished by arresto mayor.

d. Placing the woman or her child in fear of

imminent physical harm punished by arresto
mayor.
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 to desist from
conduct which the woman or her child has
the right to engage in, or attempting to
restrict or restricting the womans or her
childs 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 her child punished by prision
correccional.
f. Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions punished by arresto
mayor.

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 punished by prision
mayor.
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
punished by prision mayor.

i. Causing mental or emotional anguish,

public ridicule or humiliation to the
woman or her child punished by
prision mayor.
BATTERED WOMAN SYNDROME
(BWS) - refers to a scientifically defined
pattern of psychological and behavioral
symptoms found in women living in
battering relationships as a result of
cumulative abuse. This is a novel
defense where victim-survivors do not
incur criminal and civil liability.
 Marivic Genosa, the appellant, on November 15, 1995, 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 and
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.

The appellant testified that during her marriage she had tried to
leave her husband at least five times, but that Ben would always follow her
and they would reconcile. The appellant 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
specialist, 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 found guilty of the crime of parricide, with the aggravating
circumstance of treachery, for the husband was attacked while asleep.
 In a twisted reality, a battered woman usually believes that she is the
sole anchor of the emotional stability of the batterer. She thus feels that she is
responsible for the batterers well-being. In addition, she believes that she is the
reason why the batterer commits his atrocious acts. Thinking that her acts are
wrong, she feels that she has caused the unfortunate events to happen. This is
the phase where the woman is tormented psychologically.

The illusion of absolute interdependency is well-entrenched in a

battered womans psyche. In this phase, she and her batterer are indeed
emotionally dependent on each other -- she for his nurturant behavior, he for
her forgiveness. Underneath this miserable cycle of tension, violence and
forgiveness, each partner may believe that it is better to die than to be
separated. Neither one may really feel independent, capable of functioning
without the other.

Hence, in view of the recurring cycles of violence experienced by

woman, she believes that she is responsible for the violent behavior of her
partner and that the batterer is capable of killing her. Thinking that there is no
escape, a battered woman feels hopeless.