Republic act 9262 LECTURE

1. Anti-Violence Against Women and their Children
Act of 2004
WOMEN AND CHILDREN PROTECTION CENTER
PMAJ WINNIE T LAMPUYAS
Chief Intel & Invest, AVAWCD,
WCPC, DIDM
REPUBLIC ACT 9262

2. RA 9262 - Anti-Violence Against Women and
their Children Act of 2004
Seeks to address the prevalence of violence against
women and their children (VAWC) by their intimate
partners like:
 Husband or Ex-husband
 Live-in partner or former live-in partner
 Boyfriend/girlfriend or ex-boyfriend/ex-
girlfriend
 Dating Partner or former dating partner
Classifies VAWC as public crime

3. What is VAWC under RA 9262?
It refers to any act or 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 sexual 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 to 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.

4. Children are those below 18 years of age or older but are
incapable of taking care of themselves (as stated in RA 7610).
It includes biological children of the victim and other children
under her care.
Dating relationship is one which has a romantic
involvement. It means that a relationship existed between a
woman and a partner who is abusive or has previously abused
her, whether or has previously abused her, whether or not the
relationship was formal.
Sexual relations refer to a single sexual act which
may or may not result in the bearing of a common child.

5. RA 9262 - Anti-Violence Against Women and their Children
Act of 2004
1. PHYSICAL VIOLENCE - refers to acts that
include bodily or physical harm.
2. SEXUAL VIOLENCE - refers to an act which is
sexual in nature, committed against a woman or
her child against a woman or her child.
 Boyfriend/girlfriend or ex-boyfriend/ex-
girlfriend
 Dating Partner or former dating partner
VAWC includes, but not limited to the following acts:

6. 3. PSYCHOLOGICAL VIOLENCE - refers to acts or
omission 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 marital infidelity
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004
4. ECONOMIC ABUSE - withdrawal of financial support or
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 or
controlling the victims own money and property.

7. Who are protected by the Anti-VAWC Act?
The woman, her children, and children under
her care. Children under her care are those who
are not her biological children but live with her,
such as her nephews or nieces, and children of
her “kasambahay.”
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

8. Who are liable for VAWC?
a) Husband
b) Ex-husband
c) The man or woman with whom she has or
had a dating or sexual relationship
d) The man with whom she has a child
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

9. Can a woman who is not married to the
offender be protected by the Anti-VAWC?
Yes, when the woman has sexual or “dating”
relationship with the offender or she has a child
with him.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

10. What is “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.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

11. 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.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

12. What acts are included in VAWC?
1. Physical violence
2. Sexual violence
3. Psychological violence
4. Economic Violence
5. Other forms of violence such as subjecting
the woman to public ridicule or public
humiliation
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

13. Is a husband’s infidelity a form of violence?
Yes, it is a form of psychological violence.
They must be married, because RA 9262 states
“marital infidelity”
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

14. When the husband/ex-husband/boyfriend/ ex-
boyfriend/ex-partner 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.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

15. Can a husband who forces his wife to have
sexual intercourse be liable under the Anti-
VAWC Act?
Yes, he is liable under RA 8353 (The Anti-Rape
Act of 1997) for marital rape and also for sexual
violence under the Anti-VAWC Act. The wife can
be granted protection order to ensure her safety.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

16. The Protection Order can order the
husband to:
a. Leave the house
b. Stay away from his wife
c. Give financial support to wife and minor
children. If they are not married, then only
the children are entitled to the support.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

17. The Protection Orders:
a. Barangay Protection Order – ordering the perpetrator to desist
from committing acts of violence against the family or household
members particularly women and their children (15 days valid)
b. Temporary Protection Order – valid for 30 days and renewable.
It is issued by the Judge before the hearings begin. The Judge
can grant ex parte TPO within 24 hours from application, without
notice to the respondent.
c. Permanent Protection Order- issued until the hearings are
finished.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

18. No, a BPO cannot order the respondent to leave the
house. But the barangay officials should advise the
respondent to obey the BPO or else they can file a
criminal case for violation of the BPO.
Violation of the BPO has a penalty of 30 days of
imprisonment.
Can a BPO remove respondent from the
house?

19. What are the reliefs available to the
woman?
1. Apply for a Protection Order
2. File a 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
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

20. Who can file for a Petition for TPO and PPO?
1. The woman (survivor/victim)
2. Parent or guardian of the woman
3. Relatives within the 4th civil degree on
consanguinity or affinity of the woman such
as aunts, uncles, and first cousins and
persons married to them
4. Social workers
5. Police officer
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

21. Who can file for a Petition for TPO and PPO?
5. Punong Barangay or Barangay Kagawad
6. Lawyers, therapist, health care provider of
the woman
7. At least two (2) responsible citizens of the
city or municipality where the VAWC
occurred who have personal knowledge of
the offense committed.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

22. What is the penalty for the violation of the Anti-VAWC Act?
a. For physical violence:
Parricide – life imprisonment
Murder – 17 years, 4 mos amd 1 day
Homicide – 17 years, 4 mos and 1 day
b. For deprivation of financial support – 6 mos, 1 day to 2 years,
4 mos imprisonment
c. For psychological abuse – 6 years, 1 day to 12 years of
imprisonment
d. For threats or physical violence : 4 mos, 1 day to 6 mos
imprisonment.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

23. Until when can the woman file a criminal
case for the violation of the Anti-VAWC
Act?
She can file the criminal case within 10 or 20 years.
For deprivation of support, the wife can file a criminal
case within 20 years
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

24. Jane was so scared of her live-in partner (who was
beating her up for 5 years) that she only decided to
file the complaint for violation of Anti-VAWC Act 3
years after his last physical violence and they
separated. Can she still file the complaint?
YES. Under Sections 5 (a) to 5 (f) of the Anti-VAWC
Act she has twenty (20) years to file the complaint
from the time the physical violence happened.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

25. What are the rights of VAWC victims under
the Anti-VAWC Act?
a. Treated with respect and dignity
b. Avail of legal assistance from PAO of DOJ or legal assistance
office of the city, municipality or provincial government (LGU)
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.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

26. If the father of a minor child does not give
financial support, what criminal cases can
be filed against him?
Violation of Section 5 (e) 2 of the Anti-VAWC Act and
RA No. 7610 (Anti-Child Abuse Law).

27. Is a husband who is depriving his wife of
custody of their minor children liable
under the Anti-VAWC Act?
YES, depriving the wife or threatening the wife that
he will deprive her of custody of their minor children
is psychological abuse.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

28. 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 officer, 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.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

29. Can the Judge advice the woman to reconcile with
her husband or partner or compromise or withdraw
her civil case for protection order or criminal case?
No. The Judge may not do so, otherwise he may be
administratively liable.
RA 9262 - Anti-Violence Against Women and their Children
Act of 2004

30. Where to call for HELP?
PHILIPPINE NATIONAL POLICE
Camp Crame, Quezon City
Women and Children Protection Center
Tel. Nos. 723-0401 to 20 local 6962
Aleng Pulis Hotline: 0919-777-7377/0966-
7255961
Action line Against Human Trafficking: 1343

31. VAWC-Free Community Starts with Me
Speak, or forever
hold your peace.
Help is just a
phone call away!

32. THANK YOU!