REPUBLIC ACT NO.

9262 ANTI-
VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN ACT
What is the Anti-Violence Against Women and their Children Act (R.A.
No.9262)?

The Anti-VAWC Act was passed by Congress on February 2004 and was
signed into law by Pres. Gloria Macapagal-Arroyo on March 8, 2004. It took
effect on March 27, 2004.

The State values the dignity of women and children and guarantees full
respect to 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.
What is violence against women and their children?

Violence against women and their children is defined

by R.A. 9262 as:

a) any act/acts committed by any person against:

i. a woman who may be the wife/former wife, or with whom
the abuser has or had a sexual/dating relationship, or with whom
the abuser has a common child; or
ii. the woman’s child, whether legitimate or illegitimate.

b) the acts committed within or outside the family residence

c) the acts result in physical, sexual, psychological harm or
suffering, economic abuse, threats of such acts, battery, assault,
coercion, harassment or deprivation of liberty.
Important definitions under R.A. 9262:
1.VAWC – Acts of VAWC include, but are not limited to, the following:
a. Physical violence: bodily or physical harm
- 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
b. Sexual violence: any act that is sexual in nature against a woman or her child, including
but not limited to:
- rape
- sexual harassment
- acts of lasciviousness
- treating the 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 the victim to watch obscene publications and indecent shows
- forcing the victim to do indecent acts and/or make films thereof
 - forcing the wife and mistress/lover to live in the conjugal home or to sleep together in the same room with
the abuser
- causing or attempting to cause the victim to engage in any sexual activity by force, physical or other harm,
coercion or threats thereof
- prostituting the woman or her child

c. Psychological violence: acts or omissions causing 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
- marital infidelity
- causing or allowing the victim to witness the physical, sexual or psychological abuse of a
family member
- causing or allowing the victim to witness pornography in any form
- causing or allowing the victim to witness abusive injury to pets
- unlawful or unwanted deprivation of the right to custody and/or visitation of common
children
d. Economic abuse: acts that make a woman financially dependent,
including:

- withdrawal of financial support

- preventing the victim from engaging in any legitimate profession, occupation, business or
activity
- deprivation of financial resources and the right to conjugal, community or property owned
in common
- destroying household property
- controlling the victim’s money or properties

2. Battery – It is an act of inflicting physical harm upon the woman or her

child resulting to physical and psychological or emotional distress.

3. Battered Woman Syndrome – It refers to a pattern of psychological and

behavioral symptoms found in battered women as a result of a long
history of abuse.
4. Stalking – It is an intentional act of a person of following or placing the woman or her child
under surveillance.

5. Dating relationship – A situation where the parties:

- live together 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

6. Sexual relations – It is a single sexual act which may or may not result in the bearing of a
common child.

7. Children – They are those below eighteen (18) years of age, or older but are incapable of taking
care of themselves. They include biological children of the woman-victim and other children under her
care.

Who may be held liable under this law?

Any person, whether male or female, may be held liable for the commission of any of the prohibited acts
under R.A.9262.
Who are considered victims under this law?
Only women and their children can be considered victims of violence under this law.

What are the penalties to be imposed?

The imprisonment varies depending upon the offense committed.

Aside from the penalty of imprisonment, are there other penalties imposed by this law?

In addition to imprisonment, the abuser shall:

a) pay a fine in the amount of not less than P100,000.00 but not more than P300,000.00; and
b) undergo mandatory psychological counseling or psychiatric treatment.

Does the filing of a criminal complaint prescribe?

Yes. Twenty (20) years for the more serious offenses and ten (10 years for the other cases.
Where should cases for VAWC filed?
 
Cases may be filed with the Regional Trial Court designated as Family Court of the place where the crime was
committed. If none, the case shall be filed in any Regional Trial Court where the crime or any of its elements was
committed, at the option of the complainant.
 
Who may file a complaint under R.A. 9262?
 
Any citizen having personal knowledge of the circumstances involving the commission of the crime may file a
complaint. This is because violence against women and their children is considered a public crime.
 
Do victim-survivors found to be suffering from Battered Woman Syndrome incur any liability?
 
No. Victim-survivors who are found by the courts to be suffering from battered woman syndrome shall not have any
civil or criminal liability even in the absence of any of the elements required for self-defense under the Revised Penal
Code.
 
In addition, the fact that the woman-victim is suffering from the battered woman syndrome shall not be a ground to
deny her right to custody over her children.
Can perpetrators use as a defense that they were under the influence of alcohol or drugs at the
time that they committed the acts of influence?

No. Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not
be a defense for the commission of any of the crimes constituting violence against women and children.

How about persons who intervene in cases of violence against women and their children, can
they be held liable?

No. Any person who intervenes in VAWC cases shall not be held liable criminally, civilly or
administratively liable for as long as she/he acted in accordance with law and responded without using
unnecessary violence in ensuring the safety of the victim. The person referred to may be a private
individual, a barangay official or a police authority.

What are the rights and protection granted to victims under R.A. 9262?

In addition to their rights under existing laws, victims shall enjoy the following rights and protection
under R.A. 9262:

1. to be treated with respect and dignity

2. to avail of legal assistance from the PAO or any other agency
3. to be informed of their rights and services available to them
4. to be entitled to a protection order
5. to be entitled to support services from the DSWD and LGUs such as:
- temporary shelter
- counseling and psycho-social services
- recovery/rehabilitation programs
- livelihood assistance
6. to be entitled to medical assistance from the DOH
7. to be entitled to custody and support for her children
8. to ask for damages
9. to apply for a hold-departure order
10. to be exempt from payment of docket fees, transcript of stenographic notes, and other court fees, if an
indigent or if there is urgency to act upon the application for a protection order
11. to be entitled to a paid leave of absence from work up to ten (10) days
12. to treat her/his case with confidentiality

Is there a program for perpetrators under the law?

Yes. Under the Anti-VAWC Act of 2004, the DSWD is mandated to provide rehabilitative counseling and treatment to
abusers towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways.
When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
 What is a protective order?

It is an order issued to prevent further acts of violence against a woman or her child and grants other necessary
reliefs. Under the law, there are three(3) kinds of protection order:

1. permanent protection order (PPO) – issued by the court after notice and hearing
2. temporary protection order (TPO) – issued by the court immediately upon the filing of the application,
upon a finding that it should be granted. No hearing is required.
3. barangay protection order (BPO) – issued by the barangay ordering the abuser to desist from causing
physical harm or threatening to cause physical harm to the woman or her child.

What are the reliefs under a TPO/PPO?

The reliefs under a TPO/PPO are the following:

1. Prohibiting the abuser from committing or threatening to commit acts of violence against the victim, whether
personally or through another.
2. Prohibiting the abuser from harassing, annoying, telephoning, contacting or communicating with the victim,
directly or indirectly.
3. Removing and excluding the abuser from the residence of the victim, regardless of ownership.
4. Directing the abuser to stay away from the victim or any designated family/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 victim or such designated family or
household member.
5. Directing the use/possession by the victim of an automobile or other personal effects, regardless
of
ownership, and directing the appropriate law enforcement officer to accompany the victim to
6. Granting temporary or permanent custody of a child.
ensure this.
7. Directing the abuser to provide support to the woman and/or her child if entitled to legal support.
The abuser’s employer may be ordered by the court to regularly withhold the appropriate
percentage of the abuser’s income and to automatically remit this directly to the woman.

8. Prohibiting the abuser from the use or possession of any firearm or deadly weapon.

9. Ordering the abuser to compensate the victim for actual damages, including property damage,
medical expenses, childcare expenses and loss of income.

10. Directing the DSWD or any appropriate agency to provide the victim with temporary shelter and
other social services.
11. Any other relief which the court deems necessary to protect and provide for the safety of the
victim and any designated family/household member.

May the abuser be removed from the house even if he is the owner of that house,
if there is a protection order directing his exclusion from the residence?

Yes, because the law specified that the abuser may be temporarily removed from the house regardless
of ownership of the house.

Can the abuser remove personal belongings from the residence? How will he
remove the same?

The abuser may remove his personal belongings from the residence. However, a law
enforcement agent must be directed by the court and mandated to:

1. accompany the abuser to the residence

2. remain at the residence until the abuser gathered his things
3. escort abuser from the residence
What is the sanction if the abuser or employer fails to comply with the protection order for
withholding and remittance of the abuser’s salary?
The respondent or his employer shall be liable for indirect contempt of court if either fails to comply with the said
protection order.

If the abuser is a law enforcement agent, may the court order him to surrender his firearm?

Yes, the court may order him to surrender his firearm and also direct the appropriate authority to investigate the
offender and take appropriate action on the mater.
Who may apply for protection order?
The following may apply for protection order.

1. the offended party

2. parents or guardians of the offended party
3. ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity
4. officers or social workers of the DSWD or social workers of LGUs
5. police officers, preferably those in charge of women and children’s desks
6. punong barangay or barangay kagawad
7. lawyer, counselor, therapist or healthcare provider of the petitioner
8. at least two (2) concerned responsible citizens of the city or municipality where the violence against
women and children occurred and who have personal knowledge of the offense committed.
Where should the application for protection order be filed?

Applications for protection orders may be filed in accordance with the following rules:

PPO/TPO to be filed at the Family Court in the place of residence of the applicant. If there is no
Family Court – at the RTC, METC, MTC, MTCC, MCTC – having territorial jurisdiction over the place
of residence of the applicant.

BPO to be filed at the barangay. May be issued by the Punong Barangay, Barangay Kagawad if PB is
unavailable but must be accompanied by an attestation to that effect by the Brgy. Kagawad.

What is procedure involved in filing an application for a protection order?

Permanent Protection Order/Temporary Protection Order

1. The application must be in writing, signed and verified under oath by the applicant.

2. It may be filed as a separate case or as an incidental relief in any civil or criminal case which
involves issues of violence against women and children.
3. The application shall contain the following information:

a) names and addresses of the parties

b) description of the relationship between the parties
c) a statement of the circumstances of the abuse
d) description of the reliefs requested
e) request for a lawyer and reasons for such
f) request for waiver of application fees
g) attestation that there is no pending application for a protection order in another court

If applicant is not the victim, the application must be accompanied by an affidavit of the applicant
attesting to:

a) circumstances of the abuse suffered by the victim, and

b) the circumstances of consent given by the victim for the filing of the application.

Barangay Protection Order – not as formal as an application for TPO/PPO

What is the effectivity and enforceability of a protection order? What are the corresponding
penalties for violation of the same?

Permanent Protection Order – valid unless revoked by the court and enforceable anywhere in the Philippines.

Temporary Protection Order – valid for 30 days (renewable) and enforceable anywhere in the Philippines

Violations for PPO/TPO shall be punishable with:

a) fine of P5,000.00 to P50,000.00 and/or

b) imprisonment of six (6) months

Barangay Protection Order – valid for 15 days (renewable thereafter) and enforceable within the barangay.

Violation shall be punishable by imprisonment of thirty (30) days

May the Court postpone the issuance of a TPO or PPO? May the Punong Barangay or Barangay
Kagawad postpone the issuance of a BPO?

No, the law mandates the court of Punong Barangay or Barangay Kagawad to prioritize any application for protection
order over all other proceedings or business.
Thank you!