The legislation known as RA 9262 was approved by Congress in February 2004, signed into law by Gloria Macapagal Arroyo on March 8, 2004, and implemented on March 23. A special law which protects women and their children from all forms of abuse
3. Passed in the Congress
on February 2004,
signed by Gloria
Macapagal Arroyo in
March 8, 2004 and took
effect in March 23, 2004
A special law which
protects women and
their children from all
forms of abuse
4.
5. According to the 2022
National Demographic
and Health Survey
(NDHS) conducted by
the Philippine Statistics
Authority, 17.5%
of Filipino women aged
15-49 have experienced
any form of physical,
sexual, and emotional
violence from their
intimate partners
6.
7. Relationship, past or present
Married or not; living in or not
Sexual or dating relationship
Including lesbian
relationships
With common child
Falling under Sec. 5
(punishable acts)
8. dignity of women and children
guarantees full respect for
human rights
recognizes the need to protect
the family and its members
particularly women and
children, from violence and
threats to their personal safety
and security.
9. 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 whether legitimate or
illegitimate, within or without
the family abode or
against her child/children under
her care
SECTION 3
10. May results or is likely to
result in physical, sexual,
psychological harm or
suffering or economic
abuse including threats of
such acts:
Battery (physical harm),
assault, coercion,
harassment or arbitrary
deprivation of liberty
11. as a situation wherein
the parties involved
have not been legally
married to each other
but have been involved
in a romantic or
intimate relationship,
whether casual or
serious
12. It refers to a
single sexual act
which may or
may not result in
the bearing of a
common child.
13.
14.
15. bodily or physical
harm.
causing, threatening,
attempting to cause
physical harm to the
woman or her child
placing the woman or
her child in fear of
imminent physical
harm.
16. 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
17. It 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,
unlawful or unwanted deprivation
of the right to custody and/or
visitation of common children.
3. PSYCHOLOGICAL VIOLENCE
18. 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.
19. SECTION 5. Acts of Violence Against Women and Their
Children.
A) Causing physical harm to
the woman or her child;
B) Threatening to cause the
woman or her child physical
harm;
C) Attempting to cause the
woman or her child physical
harm
D) Placing the woman or her
child in fear of imminent
physical harm;
20. SECTION 5. Acts of Violence Against
Women and Their Children.
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
desist from conduct which the
woman or her child has the right
to engage in,
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.
21. f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(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;
SECTION 5. Acts of Violence Against Women
and Their Children.
22. (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
(i) 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 5. Acts of Violence Against Women and Their Children.
23. The crime of
violence against
women and their
children, under
Section 5 hereof
shall be punished
according to the
following rules
24. CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5(a) Causing Physical
Harm
1) Serious physical injuries
(over 30 days medical
attention);
Prision mayor
(6yrs &1 day – 12 yrs)
20 years
2) Less serious physical
injuries
(10-30 days medical
attention)
Prision correccional
(6mos & 1 day – 6 yrs)
3) Slight physical injuries
(1-9 days medical attention)
Arresto mayor
(30 days & 1 day-6mos)
25. CRIME PENALTY PRESCRIPTIVE
PERIOD
Sec. 5 (b)-threatening
to cause physical harm
Not lower than 30
days & 1 day -6 mos
20 years
Sec 5 (c)- attempting to
cause physical harm
Arresto mayor
30 days & 1 day- 6
mos)
20 years
Sec 5 (d)- placing in
fear of imminent
physical harm
Arresto mayor
30 days & 1 day- 6
mos)
20 years
26. CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5 (e-1)-threatening to deprive or actually
depriving the woman or her child of custody
to her family
(e-2)- depriving or threatening to
deprive the woman or her child of financial
support/deliberately providing insufficient
financial support
Prision correccional
(6mos & 1day -6 yrs
20 yrs
(e-3)- depriving or threatening to
deprive the woman or her child of a legal
right
Prision correccional
(6mos & 1day -6 yrs
20 yrs
(e-4)- preventing the woman in
engaging in any legitimate profession,
occupation, business or controlling the
victim’s own money/property
Prision correccional
(6mos & 1day -6 yrs
20 yrs
27. CRIME PENALTY PRESCRIPTIV
E PERIOD
Sec 5 (f)- Inflicting or
threatening to inflict
physical harm on
one self
Arresto mayor
(30 days & 1 day- 6
mos)
20 yrs
Sec.5 (g)- causing or
attempting to cause
the woman or her
child to engage in
any sexual activity
which does not
constitute rape
Prision mayor
(6 years & 1 day –
12 yrs)
10 yrs
28. CRIME PENALTY PRESCRIPTI
VE PERIOD
Sec 5 (h)-engaging in reckless
conduct that alarms or causes
psychological distress (for ex.
Stalking; lingering outside
residence; entering or remaining in
the dwelling; destroying property or
inflicting harm to pets;
Prision mayor
(6 years & 1
day – 12 yrs)
10 yrs
Sec 5 (i)- Causing emotional
anguish, public humiliation incl.
repeated verbal abuse and denial of
financial support or denial of
custody of minor children or denial
of access to the woman’s
child/children
Prision mayor
(6 years & 1
day – 12 yrs)
10 yrs
29. If the acts are committed
while the woman or
child is pregnant/or
committed in the
presence of her child,
the penalty to be applied
shall be the Maximum
period of penalty
30. The Regional Trial Court
designated as a Family Court
shall have original and exclusive
jurisdiction over cases of
violence against women and
their children under this law.
In the absence of such court in
the place where the offense was
committed, the case shall be
filed in the Regional Trial Court
where the crime or any of its
elements was committed at the
option of the compliant.
32. 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
33. to prevent further acts of
violence against a woman
or her child.
to safeguard the victim from
further harm
to minimize disruption in
victim’s daily life
give her the opportunity and
ability to regain control over
her life.
34. What may be included:
Prohibition from threatening or
committing, any of punishable
acts;
Prohibition of respondent from
harassing, annoying,
telephoning, contacting or
otherwise communicating with
the petitioner, directly or
indirectly;
Removal and exclusion from the
residence regardless of
ownership, temporarily or
permanently where no property
rights are violated;
Stay away from petitioner, any
designated family or household
member;
PROTECTION ORDERS
35. What may be included:
Temporary or permanent custody
of child
Support – automatic remittance
of salary or income by employer
DSWD or other appropriate
agency to provide social services
Provision of other forms of relief
PROTECTION ORDERS
36. Barangay Protection
Order – 15 days;
renewable
Temporary Protection
Order – 30 days + (shall
be renewed by court)
Permanent Protection
Order- valid/effective
until revoked
37. A Barangay Protection
Order (BPO) is a legal
remedy available to victims
of violence, particularly
women and their children,
which can be issued by the
barangay (local government
unit) as provided by RA
9262.
It aims to provide immediate
protection to victims while
the legal process is ongoing.
38. Issued by the Court on the day of
filing
Priority over all other cases
Effective for 30 days; extendible
Stay away order, temporary custody
and support to woman and/or her
children, use of community/conjugal
property
Bond to Keep the Peace
Enforceable anywhere in the country
No mediation; no conciliation
39. issued after notice and
hearing
custody, support to the
woman and/or her
children
respondent to leave the
residence permanently
with Bond to Keep the
Peace (SECTION 23)
40. Offended party
Parents or guardians
relatives within 4th degree of consanguinity or affinity
Social workers of DSWD or LGUs
Police officers preferably WCPD Investigators
Punong Barangay or kagawad
Lawyer, counselor, therapist, healthcare provider
At least 2 citizens of the city or municipality who have
personal knowledge of the offense
41. 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.
42. The application for a protection
order must be in writing, signed
and verified under oath by the
applicant.
It may be filed as an independent
action or as incidental relief in any
civil or criminal case the subject
matter or issues thereof partakes
of a violence as described in this
Act.
A standard protection order
application form, written in English
with translation to the major local
languages, shall be made available
to facilitate applications for
43. Acts falling under
Sections 5(a) to 5(f) shall
prescribe in twenty (20)
years.
Acts falling under
Sections 5(g) to 5(I) shall
prescribe in ten (10) years.
44. Violence against women
and their children shall be
considered a public
offense which may be
prosecuted upon the filing
of a complaint by any
citizen having personal
knowledge of the
circumstances involving
the commission of the
crime
45. refers to a scientifically
defined pattern of
psychological and behavioral
symptoms found in women
living in battering
relationships
justifying circumstance
perpetrator of crime against a
woman with BWS shall not
have custody of children
this is a novel defense where
victim-survivors do not incur
criminal and civil liability.
SECTION 26. Battered Woman Syndrome as a Defense
46. The woman victim of violence
shall be entitled to the custody
and support of her
child/children.
Children below seven (7) years
old older but with mental or
physical disabilities shall
automatically be given to the
mother, with right to support,
unless the court finds
compelling reasons to order
otherwise.
47. respond immediately to a call for
help or request for assistance or
protection of the victim whether or
not a protection order has been
issued and ensure the safety of
the victim/s;
confiscate any deadly weapon in
the possession of the perpetrator
or within plain view;
transport or escort the victim/s to
a safe place of their choice or to a
clinic or hospital;
48. assist the victim in removing
personal belongs from the
house;
assist the barangay officials and
other government officers and
employees who respond to a call
for help;
ensure the enforcement of the
Protection Orders issued by the
Punong Barangay or the courts;
49. arrest the suspected perpetrator
without a warrant when any of
the acts of violence defined by
this Act is occurring, or when
he/she has personal knowledge
that any act of abuse has just
been committed, and there is
imminent danger to the life or
limb of the victim as defined in
this Act; and
immediately report the call for
assessment or assistance of the
DSWD, Social Welfare
Department of LGUs or
accredited non-government
organizations (NGOs).
SECTION 30
50. Any person, private
individual, police
authority, barangay
official acting in
accordance with law,
who responds or
intervenes without
using violence or
restraint greater than
necessary to ensure
safety of the victim
51. Right to be treated with respect
& dignity;
Legal assistance; support
services from DSWD, local
government
Privacy and confidentiality of
records
Additional 10 day paid leave
from work aside from present
paid leave benefits
52. PROCEDURE IN FILING CRIMINAL CASE
Complainant
files complaint
Police or other law
enforcement agency
Office of
the Prosecutor
Documents which may be
Submitted include:
affidavit of complainant,
affidavits of witnesses,
Medical Certificate,
Marriage Certificate,
Police Report
, etc.
53.
54.
55. Anti-Sexual Harassment Act of 1995
Anti-Rape Act of 1997
Rape Victims Assistance Act (1998)
An Act penalizing matching of
Filipino mail order brides (1998)
Republic Act 8972 – Solo Parents'
Welfare Act of 2000
Anti-Trafficking in Persons Act of
2003
Anti-Photo and Video Voyeurism
Act of 2009
Anti-Child Pornography Act of 2009
56. SECTION 39. INTER-AGENCY COUNCIL ON VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN (IAC-VAWC).
(a) Department of Social Welfare and Development
(DSWD);
(b) National Commission on the Role of Filipino Women
(NCRFW);
(c) Civil Service Commission (CSC);
(d) Commission on Human rights (CHR)
(e) Council for the Welfare of Children (CWC);
(f) Department of Justice (DOJ);
(g) Department of the Interior and Local Government
(DILG);
(h) Philippine National Police (PNP);
(i) Department of Health (DOH);
(j) Department of Education (DepEd);
(k) Department of Labor and Employment (DOLE); and
(l) National Bureau of Investigation (NBI).