2. REPUBLIC ACT NO. 9262
AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING
PENALTIES THEREFORE, AND FOR
OTHER PURPOSES.
3. DEFINITION OF TERMS
A. VIOLENCE AGAINST WOMEN- any act or series of acts
committed by any PERSON against a WOMAN who is his
wife, former wife, or with whom the person has or had a
sexual or dating relationships, or with whom he has a
common child, or against her child/child under her care
which result 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. A special law protecting women and their
children from all forms of abuse
Described by the Supreme Court RA 9262 is a piece of
“landmark legislation”. It was enacted on March 8, 2004 and
became effective on March 27 of the same year
5. It classifies violence against women and
children as a Public crime
Defines who are the abusers; penalizes such acts; and
provides protective measures and remedies.
6. WHAT IS VAWC UNDER THE LAW?
Any act or series of
acts committed by
ANY PERSON against
a WOMAN
7. WHO ARE CONSIDERED VICTIMS?
Wife or Former wife
Woman who has had a sexual/dating relationship
(girlfriend or live-in partner)
Woman with whom the abuser has a common child,
regardless whether the child is legitimate or
ilegitimate4
Woman’s child
8. WHO ARE LIABLE? (ABUSER)
Husband
Former Husband
Boyfriend or Ex Boyfriend
Live - in partner or ex-partner
One with whom the woman has a common child
One with whom the woman has/had sexual or dating
relationship
9. IS VAWC COMMITTED BY MEN ALONE?
Women can also be liable under the law.
These are lesbian partners/girlfriend or
former partners of the victim with whom she
has or had a sexual or dating relationship.
10. WHAT IF THE MALE SPOUSE/PARTNER
COMPLAINS ABOUT ABUSES COMMITTED BY HIS
WIFE/PARTNER?
He may file a complaint or case under the
Revised penal Code.
12. 2. Sexual violence refers to an act
which is sexual in nature,
committed against a woman or her
child.
1. Physical Violence refers to acts
that include bodily or physical
harm
13. 3. 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.
14. 4. Economic abuse refers
to acts that make or
attempt to make a woman
financially dependent
which includes, but is not
limited to he following:
15. 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.
16. • THE OBJECT OF R.A. 9262 IS THE
PROTECTION AND SAFETY OF WOMEN AND
CHILDREN WHO ARE VICTIMES OF ABUSE
OR VIOLENCE.
• “ECONOMIC ABUSE” UNDER R.A. 9262
REFERS TO ACTS THAT MAKE OR ATTEMPT
TO MAKE A WOMANFINANCIALLY
DEPENDENT.
18. 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 Sec. 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.
• Barangay P.O.
15 days
• Temporary P.O.
30 days
• Permanent P.O.
lifetime
19. PURPOSE OF A PROTECTION ORDER
Prevent further acts of violence against a woman or her
child
Safegurad the victim from further harm
minimize disruption in victim’s daily life
Give her the opportunity and ability to regain control over
her life
20. SHE AND/OR CHILDREN CAN REQUEST FOR:
a) Barangay Protection Order ( BPO )
b) Temporary Protection Order ( TPO )
c) Permanent Protection Order ( PPO ) with the court;
d) File a criminal action for violation of R.A. 9262
21. HOW DOES THE VICTIM GET A BPO?
She or her child can go to the Punong Barangay or if PB
is not available, to any kagawad, and apply for a
Barangay Protection Order (BPO).
The application must be in writing, signed and under
oath.
It shall be attested before the PB who has jurisdiction
over the application.
The PB or kagawad must issue the BPO on the same
day of application, immediately upon the conclusion of
the exparte proceedings.
22. The Punong Barangay or kagawad, law enforces
and other goverment agencies shall not mediate or
conciliate or influence the victim - survivor/
petitioner for a protection order to comprise or
abandon the relief sought. Otherwise, they shall be
held adminitratively liable.
23. Sec. 34 persons intervening exempt from liability. - In every case of violence
against womenand their children as herein defined, any person, private
individual or police authority or barangay official who, acting in accordance
with law, responds or intervenes without using violence or restraint greater
than necessary to ensure the safety of the victim, shall not be liable for any
criminal, civil or administrative liability resulting therefrom (R.A. 9262).
25. HOW DOES THE VICTIM GET A BPO?
to be treated with respect and dignity.
Legal Assistance from the Public Attorney’s office or any public legal
assistance, including from the local government unit.
Support services from DSWD and local government
To be informed of their rights and services available, including their
right to a protection order.
If the victim is an indigent, or even if she is not but there is an
immediate necessity to act on the protection order, the victim can file
for a protection order in court without payment of court fees.
27. HOW DOES THE VICTIM GET A BPO?
If the court have proven that the offender is guilty of the
crime, he may be imprisoned and will be obliged to pay
100,000 TO 300,000 in damages.
The length of imprisonment depends on the gravity of
the crime.
The offender is also obliged to undergo psychological
counselling or psychiatric treatment.
Being drunk or under the influences of prohibited drugs
cannot be taken as an excuse for committing VAW.
28. What if the Female Victim Commits Violence Against
her partner?
29. The law acknowledges that women who have
retaliated against their partners or who commit
violence as a form of self-defense may have suffered
from battered women syndrome.
31. BWS is a “scientifically defined pattern of psychological
and behavioral symptoms found in women living in
battering relationships as a result of cumulative abuse”.
Any victim who suffers from BWS should be diagnosed
by a psychiatric expert or a clinical psychologist. This
will also help the victim in obtaining a just decision in
her case.
The law does not allow the offernder to have custody of
minor children. Their care is still entrusted to the woman
even if she is found to have BWS.
32. A battered woman has been defined as a woman
“who is repeatedly subjected to any forceful
physical or psychological behavior by a man in
order to coerce her to do without concern for her
rights.
34. Domestic violence has for a long time been
hidden in the homes of affected families.
However, its effect on the victims, who area
usually women and children, must not be a cause
for shame and should not be ignored. The culture
of silence must be broken and domestic violence
must be stopped.
35. ”Our lives begin to end the day we
become silent about the things that
matter.”
36. What is the importance of studying
contemporary issues and problems
affecting education