The Anti-Violence against Women &
Children Act
(R.A No. 9262)
Pre-colonial Period
Philippines early history way back 30,000 years
ago.
The pre-colonial society offered women the
greatest opportunities in relation to their
social positions.
 Filipino women were allowed to
hold high positions in their
communities (as healers and
priestesses)
 it was also common for women to
take leadership roles in the
barangays and to fight as warriors.
 During the pre-colonial period, one
of the first things that a man learned
was that he had to respect women.
 At this particular point in history,
disrespecting women was
unthinkable. If a man was caught
disrespecting women, he was labeled
negatively by the rest of society.
Colonial Period
Filipino women of the lower class (during
the Spanish occupation) ready for Church.
Spanish occupation (1565-1898)
 During the Spanish occupation
Filipino women experienced all
kinds of exploitation.
 In general, women were unable to
execute their rights and were
restricted by certain norms and
expectations in society.
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 Filipino women were not allowed to
share their ideas nor participate in
the decision-making process.
 Women stayed as inferior to men and
were discriminated against not only
by men, but the society (i.e. family,
Church, community, etc.)
 Aside from the discrimination, some
Filipinas were violated by parish
priests as many young women were
often raped or sexually abused.
American rule (1898-1946)
 Even though women were allowed to
vote, the society still preferred male
candidates and did not allow women
to run for public office.
 Filipino parents were also led to
believe that sending their daughters
to secondary and tertiary levels of
education was a waste
 This was because the Filipino
woman during the American
occupation was largely dependent on
her husband.
 Her status in life was solely reflected
by the image of the man that she
would wed.[8] While women were
given the right to education, women
were still seen as inferior to men.
Japanese occupation (1942-1945)
 Filipino women were greatly abused
and violated. At this particular time
in history, Filipino women were
threatened and forced to labor as
"comfort women."
 Upon their arrival in the country, the
Japanese built "houses of relaxation"
or comfort stations where Korean,
Filipino, and Chinese women were
brought and forced into service.
 Thousands of Filipino women were
taken from their homes and forced to
provide the Imperial Japanese
Army all kinds of sexual services.
Because most of the men were at
war, the women were left practically
 defenseless in their own homes and
without a choice but to submit their
bodies to the Japanese.
Post-colonial Period
 While it was not as rampant as in the
previous years, violence against
women still happened during the
post-colonial period as women in the
Philippines were often sexually
abused, harassed, and objectified by
the rest of society.
Statistics
The National Demographic and Health
Survey (NDHS), which is conducted by the
Philippine Statistics Authority (PSA) every
five years, provide a picture of the alarming
incidence of VAWC in the Philippines.
In a survey conducted in 2017 shows that
out of the 11,558 ever-married Filipino
women aged 15 to 49 surveyed, one in 4 or
26% has experienced physical, sexual, or
emotional violence committed by their
husband or partner.
 It can be more since not all was
reported in the government office.
2017
Help seeking: Only one out of three (34%)
women who have ever experienced physical
or sexual violence has sought help.
The Philippines passed Republic Act (RA)
Number 9262, the Anti-Violence against
Women and Their Children Act of 2004, to
address the issue of violence against women.
Under this act, violence against women and
children is classified as a public crime.
 all forms of abuse and violence
within the family and intimate
relationships are penalized.
 The act also allows women and their
children to secure a Barangay
Protection Order and/or Temporary
or Permanent Protection Order from
the courts
Declaration of Policy
It is hereby declared that the State values the
dignity of women and children and
guarantees full respect for human rights. The
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State also recognizes the need to protect the
Includes the following:
family and its members particularly women
and children, from violence and threats to
their personal safety and security.
The law punishes act or series of acts
committed by any persons against a
woman who is:
1. His wife
2. Former wife
3. Woman with whom the person has or
had a sexual or dating relationship
4. With whom he has a common child
5. Against her child whether legitimate
or illegitimate, within or without the
family abode
Kinds of Violence
Physical Violence
Refers to act which includes bodily or
physical harm.
Physical spousal violence: push you, shake
you, or throw something at you; slap you;
twist your arm or pull your hair; punch you
with his fist or with something that could
hurt you; kick you, drag you, or beat you up;
try to choke you or burn you on purpose; or
threaten or attack you with a knife, gun, or
any other weapon. NDHS 2017
Trends: Women’s experience of physical
violence has decreased slightly over time,
from 20% in 2008 and 2013 to 17% in 2017.
Similarly, women’s experience of physical
violence in the 12 months preceding the
survey has declined slightly, from 7% in
2008 to 5% in 2017.
Older women age 40-49 are more likely
(18%) to have experienced physical violence
since age 15 than younger women age 15-19
(13%)
Sexual Violence
An act which is sexual in nature, committed
against a woman or her child.
1. Rape
2. Sexual harassment
3. Acts of lasciviousness
4. Treating a woman or her child as a
sex object
 5. Making demeaning and sexually
suggested remarks
6. Physically attacking the sexual parts
of the victim’s body
7. Forcing her to watch obscene
publications and indecent shows
8. Forcing the woman or her child to do
indecent acts and/or make films
thereof
9. Forcing the wife and mistress/lover
to live in the conjugal home or sleep
together in the same room with the
abuser
10. Acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat of force,
physical or other harm or threat of
physical or other harm or coercion
11. Prostituting the woman or child
Sexual spousal violence: physically force
you to have sexual intercourse with him
even when you did not want to, physically
force you to perform any other sexual acts
you did not want to, or force you with
threats or in any other way to perform sexual
acts you did not want to
Five percent of women age 15-49 have ever
experienced sexual violence
Trends: Women’s experience of sexual
violence declined from 8% in 2008 to 5% in
2017.
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.
Emotional spousal violence: say or do
something to humiliate you in front of
others; threaten to hurt or harm you or
someone close to you; insult you or make
you feel bad about yourself;
1. Case: Dimamling vs. People
Economic abuse
Refers to acts that make or attempt to make
a woman financially dependent which
includes, but is not limited to the following:
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1. Withdrawal of financial support or
preventing the victim from engaging
in any legitimate profession,
occupation, business or activity.
Exception: in cases where in the
other spouse/partner objects on valid,
serious and moral grounds as defined
in Article 73 of the Family Code;
2. 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;
3. Destroying household property;
4. Controlling the victims' own money
or properties or solely controlling the
conjugal money or properties.
2. Case: Dolina vs. Vallecer
Who are protected?
1. The offended party is a woman
and/or her child or children;
2. The woman is either the wife or
former wife of the offender, or is a
woman with whom the offender has
or had a sexual or dating
relationship, or is a woman with
whom such offender has a common
child. As for the woman's child or
children, they may be legitimate or
illegitimate, or living within or
without the family abode
Children
Refers to those below eighteen (18) years of
age or older but are incapable of taking care
of themselves as defined under Republic Act
No. 7610. As used in this Act, it includes the
biological children of the victim and other
children under her care.
Who are liable?
3. Case: Sonido vs. Ilocso
4. Case: Del Socorro vs. Van Wilsem

Dating Relationship vs. Sexual
Relationship
Violence against women and their children
refers to any act or a 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 a
sexual or 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 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.
Dating relationship
Refers to a situation wherein the parties live
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.
Sexual relations
Refers to a single sexual act which may or
may not result in the bearing of a common
child.
5. Case: Ang vs. CA
6. Case: Davalos vs. RTC
Prohibited acts, penalties and prescriptive
periods
Prohibited Acts
A Punong Barangay, Barangay Kagawad or
the court hearing an application for a
protection order shall not order, direct, force
or in any way unduly influence he applicant
for a protection order to compromise or
abandon any of the reliefs sought in the
application for protection under this Act.
Penalty
Failure to comply with this Section shall
render the official or judge administratively
liable.
Prescriptive Period
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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.
Protection orders
Barangay Protection order
Barangay Protection Orders (BPOs) refer to
the protection order issued by the Punong
Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a)
and (b) of this Act.
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
Shall be effective for fifteen (15) days shall
personally serve a copy of the same on the
respondent,
Temporary Protection Orders
Refers to the protection order issued by the
court on the date of filing of the application
after ex parte determination that such order
should be issued. A court may grant in a
TPO any, some or all of the reliefs
mentioned in this Act and shall be effective
for thirty (30) days. The court shall schedule
a hearing on the issuance of a PPO prior to
or on the date of the expiration of the TPO.
7. Case: Go Tan vs. Tan
8. Case: Republic vs. Yahon
Permanent Protection Orders
Refers to protection order issued by the
court after notice and hearing.
Respondents non-appearance despite proper
notice, or his lack of a lawyer, or the non-
availability of his lawyer shall not be a
ground for rescheduling or postponing the
hearing on the merits of the issuance of a
PPO. A PPO shall be effective until revoked
by a court upon application of the person in
whose favor the order was issued. The court
shall ensure immediate personal service of
the PPO on respondent.
The court shall not deny the issuance of
protection order on the basis of the lapse of
time between the act of violence and the
filing of the application.
Regardless of the conviction or acquittal of
the respondent, the Court must determine
whether or not the PPO shall become final.
Even in a dismissal, a PPO shall be granted
as long as there is no clear showing that the
act from which the order might arise did not
exist.
Who may apply?
A petition for protection order may be filed
by any of the following:
(a) The offended party;
(b) Parents or guardians of the
offended party;
(c) Ascendants, descendants or
collateral relatives within the fourth
civil degree of consanguinity or
affinity;
(d) Officers or social workers of the
DSWD or social workers of local
government units (LGUs);
(e) Police officers, preferably those
in charge of women and children's
desks;
(f) Punong Barangay or Barangay
Kagawad;
(g) Lawyer, counselor, therapist or
healthcare provider of the petitioner;
(h) At least two (2) concerned
responsible citizens of the city or
municipality where the violence
against women and their children
occurred and who has personal
knowledge of the offense committed.
9. Case: Oca vs. Arcaya-Chua
Where and when to file application for
protection order
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Applications for BPOs shall follow the rules
on venue under Section 409 of the Local
Government Code of 1991 and its
implementing rules and regulations. An
application for a TPO or PPO may be filed
in the regional trial court, metropolitan trial
court, municipal trial court, municipal
circuit trial court with territorial jurisdiction
over the place of residence of the petitioner:
Provided, however, That if a family court
exists in the place of residence of the
petitioner, the application shall be filed with
that court.
How to Apply for a Protection Order. –
The application for a protection order must
be in writing, signed and verified under oath
by the applicant.
10. Brown-Araneta vs. Araneta
Constitutionality of R.A No. 9262
11. Tua v. Mangorabang
12. Garcia vs. Drilon
Custody of children
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.
A victim who is suffering from battered
woman syndrome shall not be disqualified
from having custody of her children. In no
case shall custody of minor children be
given to the perpetrator of a woman who is
suffering from Battered woman syndrome.
13. BBB vs. AAA
Rights of Victims
In addition to their rights under existing
laws, victims of violence against women and
their children shall have the following
rights:
(a) to be treated with respect and
dignity;
(b) to avail of legal assistance form
the PAO of the Department of
Justice (DOJ) or any public legal
assistance office;
(c) To be entitled to support services
form the DSWD and LGUs'
(d) To be entitled to all legal
remedies and support as provided for
under the Family Code; and
(e) To be informed of their rights and
the services available to them
including their right to apply for a
protection order.
14. Benancillo vs. Amila
15. People vs. Cabalquinto
Battered Woman Syndrome
This refers to a scientifically defined pattern
of psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative abuse.
Battered woman
 In the case of People vs. Genosa
(G.R. No. 135981, January 15, 2004)
BWS is 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
something he wants her to do
without concern for her rights.
 Battered woman include wives or
woman in any form of intimate
relationship with men.
Some characteristics of battered woman
1. The woman believes that the
violence was her fault.
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2. She has an inability to place the
responsibility for the violence
elsewhere.
3. She fears for her and/or her
children’s life.
4. She has an irrational belief that the
abuser is omnipresent and
omniscient.
Battery
Refers to any act of inflicting physical harm
upon the woman or her child resulting to
physical and psychological or emotional
distress.
Tension building phase
Minor battering, it could be verbal or slight
physical abuse or another form of hostile
behavior. The woman tries to pacify the
batterer through a show kind of kind,
nurturing behavior; or by simply staying out
of his way.
Her passive behavior legitimizes his belief
that he has the right to abuse her in the first
place.
Acute battering incident
Characterized by brutality, destructiveness
and, sometimes death.
Tranquil, loving or non-violent phase
 The batterer may show a tender and
nurturing behavior towards his
partner knowing that he has been
viciously cruel and tries to make up
for it, begging for her forgiveness
and promising never to beat her
again.
 The battered woman also tries to
convince herself that the battery will
never happen again; that her partner
will change for the better; and that
this good gentle and caring man is
the real person whom she loves.
 A battered woman usually believes
that she is the sole anchor of the
emotional stability of the batterer.
 The final acute battering episode
preceding the killing of the batterer
must have produce in the mind of the
battered woman’s mind an actual
fear of imminent harm from her
batterer and an honest belief that she
 needed to use force in order to save
her life.
 At the time of the killing, the batterer
must have posed probable grave
harm to the battered woman, based
on history of violence perpetrated by
former against the latter.
Identifying a battered woman
In order to be classified as a battered
woman, the couple must go through the
battering cycle at least twice. Any woman
may find herself in an abusive relationship
with a man once. If it occurs for a second
time and she remains in the situation, she is
defined as a battered woman.
Battered woman syndrome as a defense
Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and
civil liability notwithstanding the absence of
any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code. (Sec. 25)
What defense/s is not allowed to be raised
under this law?
Being under the influence of alcohol, any
illicit drug, or any other mind-altering
substance shall not be a defense. (Sec. 27)
Updates in Palawan
The Narra municipal council has passed an
ordinance providing for the establishment of
Violence Against Women and Children
(VAWC) desks in all the town’s barangays.
The measure passed last May 29, 2017 also
aims to provide funds for implementation.
Narra DSWD records in 2016 showed some
93 cases of abuses on women and children,
in addition to 33 recorded VAWC cases
during the first half of this year.
Irene Valdeztamon, Social Welfare Head of
DSWD Narra, told Palawan News that most
of the VAWC cases were physical abuse by
the male spouse.
“Mostly kasi ang abuse na nafa-file ay
always physical abuse between sa mag-
asawa. Lalo na kapag nakainom yung mister
ng victim. May konti silang pagtatalunan
tapos hanggang umabot sa physical abuse,”
Valdeztamon said.
She added that most of the cases were
reported from Barangay Poblacion, Panacan
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II and Barangay Antipuluan. She added that
only a few of these cases are being heard in
court.
“The number one problem here is, kapag
once na pinatawag na sila sa baranggay,
masi-settle din agad. Magkakaroon din ng
settlement yung mag-asawa, pero sigurado
mauulit lang uli ‘yung abuse tapos babalik
sila dito. Ang number one reason nila, dahil
syempre daw sa mga anak nila,” added
Valdeztamon.
The ordinance hopes to eradicate the number
of VAWC cases being filed in the
municipality and to provide support
services, legal counseling, rehabilitation
programs, and the elimination of any forms
of discrimination on children and women
What can we do:
Woman
1. Know your rights and available
courses of actions in case these rights
are violated.
2. Report to the authorities in case your
rights are violated.
3. Encourage others to fight for their
rights.
Government agency
 Disseminate information to let
people know that you provide the
services they need.
Barangay
 Ensure that your Barangay VAW
Desk is functional. You can use the
Barangay VAW Desk Handbook
developed by PCW and DILG with
partner agencies to guide you on
what to do.
https://en.wikipedia.org/wiki/Violence_agai
nst_women_in_the_Philippines
https://psa.gov.ph/content/national-
demographic-and-health-survey-ndhs