2. Definition of terms (Sec. 3)
Violence Against Women and their Children
It is any act or series of acts which result 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 committed
by any person against :
1. A woman who is his:
a. Wife
b. Former Wife
c. A woman with whom the person has or had a sexual or dating relationship;
3. 2. A woman with whom he has a Common Child;
3. Against her Child whether legitimate or illegitimate within or without the family
abode (Par. a)
● Lebian partner covered by R.A. No. 9262
Children
They are those below 18 years of age or older but are incapable of taking care of
themselves as define under R.A. No. 7610. The term includes the biological
children of the victim and other children under her care. (Par. h)
4. Dating Relationship
Is a situation wherein the parties:
1. Live as husband and wife without benefit of marriage; or
2. Are romantically involved over time and on a continuing basis during the
course of the relationship.
Sexual Relations
It is single sexual act which may or may not result in the bearing of a common child
5. Dating Relationship and Sexual Relations Distinguish
DATING RELATIONSHIP (sec. 3 (e )
Can exist even without a sexual intercouse
taking palce between those involved.
SEXUAL RELATIONS (Sec. 3 (f) )
Refers to a single sexual act which may or may
not result in the bearing of a common child.
6. On-and-off relationships
An “away-bati” or fight-and-kiss thing between lover is a common occurrence. Their
taking place does not mean that the romantic relation between the two should be
deemed broken up during periods of misunderstanding.
PHYSICAL VIOLENCE
It refers to the acts that include bodily or physical harm.
BATTERY
It is an act of inflicting physical harm upon the woman or her child, resulting to the
physical and psychological or emotional distress.
7. BATTERED WOMAN SYNDROME (BWS)
It is the scientific defined pattern of psychological and behavioral symptoms found
in women living in bettering relationship as a result of cumulative abuse.
SEXUAL VIOLENCE
It is an act which is sexual in nature, committed against a woman or her child;
includes, but is not limited to
I.
1. Rape;
2. Sexual harassment;
8. 3. Acts of Lasciviousness
4. Treating a woman or her child as a sex object
5. Making demeaning and sexually suggestive remarks
6. Physically attacking the sexual part of the victim’s body
7. Forcing her to watch obscene publications, or
8. Forcing the woman or her child to do indecent act and/or make films thereof
9. Forcing the wife and mistress/lover to live in the conjugal home or
9. 10. Sleep together in the same room with the abuser;
II. Acts causing or attempting to cause the victim to:
1. Engage in any sexual activity by force, threat of force, physical or other harm, or
2. threat of physical or other harm or coercion.
III.
1. Prostituting a woman or child. (Sec. 3 Par.a a (B) )
10. PHYSICAL VIOLENCE
It refers to acts of omissions causing or likely to cause mental or emotional suffering of the victim
such a s but not limited to:
a. Intimidation
b. Harassment
c. Stalking
d. Damage to Property
e. Public ridicule or humiliation
f. Repeated verbal abuse and mental infidelity
g. Witness the Physical, suxual or psychological abuse of a member of the family to which the
victim belongs.
11. h. Witness Pornography in any form or to witness abusive injury to pets
i. Unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.
ECONOMIC ABUSE
If refers to acts that make or attempt to make a woman financially dependent which
includes, but is not limited to the following:
1. Withdrawal of financial support or preventing the victim from engaging in:
a. Any legitimate profession
12. b. Occupation
c. Business or activity.
Except: in cases wherein the other spouse/partner objects on valid, serious, and
moral ground as defined in Art. 73 of the Family Code.
2. Deprivation or threat of deprivation of financial resources and the right ot the use
and enjoyment of the conjugal, community or property owned in common.
3. Destroying household property
4.Controlling the victims own money or properties, or solely controlling the conjugal
money or properties.
13. ELEMENTS
1. The offender has or had a sexual or dating relationship with the offended
woman;
2. The offender, by himself or through another commits an Act or series of acts of
harassment against the woman; and
3. The harassment alarms or causes substantial emotional or psychological
distress to her.
● A single act of harassment is enough to convict the offender.
14. ● Not indispensable that the act of violence be a consequence of the dating or
sexual relationship.
● The dating relationship ceased prior to violence in NOT a defense.
15. PUNISHABLE ACTS (Sec. 5)
The crime of violence against a women and their children is committed through any
of the following acts:
1. Threatening to cause the woman or her child physical harm;
2. Attempting to cause the woman or her child physical harm;
3. Placing the woman or her child in fear of imminent physical harm;
4. 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 conduct
which the woman or her child has the right to engage in; or
16. 5. Attempting to restrict or restricting a woman’s or her child’s freedom of force,
physical or other harm or threat of physical or other harm, or intimidation directed
against the woman or child.
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decision;
7. Causing physical harm to the woman or her child;
8. Causing or attempting to cause the woman or her child to engage in any sexual
activity which does not constitute rape, by force, threat, physical harm, or through
intimidation directed against them.
17. 9. Causing mental or emotional anguish, public ridicule or humiliation to the woman
or her child, including but not limited to :
a. Repeated verbal and emotional abuse;
b. Denial of financial support; or
c. Custody of minor children of access to the woman’s child/children;
10. Engaging in purposeful, knowing, or reckless conduct, personally or through
another, that alarms or cause substantial emotional or psychological distress to the
woman or her child. This shall include:
18. a. Stalking or following the woman or her child in public or private places;
b. Perring in the window or lingering outside the residence of the woman or her
child;
c. Entering or remaining in the dwelling or on the property of the woman or her
child against her/his will;
d. Engaging in any form of harassment or violence; and
e. Destroying the property and personal belongings or inflicting harm to animals
or pest of the woman or her child.
19. 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 as specified in Section 5 and
granting other necessary relief. The provision this protection order are enforced by
law enforcement agencies.
20. BWS AS A DEFENSE (Sec. 26)
Victim-survivors who are found by the courts to be suffering from Battered-Woman-
Syndrome do not incur any criminal and civil liability, regardless of the absence of
any of the elements for justifying circumstances of self-defense under RPC.
The Court shall be assisted by expert psychiatrists/ psychologist in determining the
state of mind of a woman who was suffering from BWS at the time of the
commission of the offense.
21. Three phase of BWS
1. Tension-building phase
Where minor battering occurs. It could be verbal or slight physical abuse or another
form of hostile behavior, and the woman usually tries to pacify the batterer to prevent
escalation of violence exhibited by the batterer;
1. Acute battering incident
Where there is brutality, destructiveness, and sometimes death.
1. Tranquil, Loving Phase
The batterer may show a tender and nurturing behavior towards his partner and
the battered woman tries to convince herself that the battery will never happened
again.
22. Necessity of two (2) battering episodes
In order to be classified as a battered woman, the couple must go through the
battering cycle at least twice.
