CHRIST THE KING COLLEGE DE MARANDING INC.

MARANDING, LALA, LANAO DEL NORTE

COLLEGE OF EDUCATION

LESSON: 18 VIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT 2004

LEARNING OUTCOMES:
 When you finish reading this lesson, you should be able to:
 Discuss the important provisions of VAWC Act or R.A 9262;
 Understand the details of each commission and
 Comprehend actual cases involving the said law.

 Introduction
 The republic act 9262, or the Anti-violence against women and their children ( anti-VAWC) act of
2004, is a result of strong advocacies on women’s human rights in the country. This law was
deemed to be significant victory for all filipino women as it was based on the right of women not
to suffer abuse, discrimination, and their respective relationships.

What is Republic Act No. 9262?

(Anti-Violence Against Women and Their Children or VAWC)
 Passed by Congress in February 2004
 Signed into Law on March 8, 2004
 To protect women and their children from any form of abuse or violence.

What is VAW “ Violence Against Women”?

An act or a series of acts committed by any person against
 His wife ,
 Former wife,
 A woman with whom he has or had a sexual or dating relationships , or
 With whom he has child or against the woman’s child.
Note: Any person can be held liable( Male or Female)

What is VAC “ Violence Against Children”?

Committed by any person against the woman’s 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
Who is the OFFENDER?
The following can be held liable for violation of RA 9262:
 Husband ;
 Former husband;
 Boyfriend or Ex- Boyfriend;
 Live-in partner or ex-live-in partner;
 One with whom the woman has/had sexual or dating relationship
Note: Any person can be held liable( Male or Female)
Punishable Acts:
Acts that have been committed within or outside the family residence resulting
 PHYSICAL VIOLENCE
 Bodily or Physical arm
 SEXUAL VIOLENCE

 Rape,

 Sexual harassment
 Act of lasciviousness
 Treating a woman or her child as a sex object &
sexually suggestive remarks
 Physical attacking the sexual parts of the victim’s
body
 Forcing her/him to watch obscene materials or forcing the woman/child to do
indecent acts
 Forcing the wife or lover to live in the conjugal home or sleep together in the
same room w/ the abuser
 Cause the victim to engage in any sexual activity by force, threat or force,
physical harm, or coercion
 Prostituting the woman or her child

PYSCHOLOGICAL VIOLENCE
Acts causing mental or emotional suffering such as;
 Intimidation
 Harassment
 Stalking,
 Damage to property,
 Public ridicule or humiliation
 Repeated verbal abuse and marital infidelity
 Act causing the victim to witness the physical, sexual, or psychological abuse of
a family member
 Acts forcing the victim to view pornographic materials
 Acts causing the victim to witness abusive injury to pets
 Unlawful deprivation of the right to custody and/or visitation of common
children
 ECONOMIC ABUSE
 Acts that make a woman financially dependent 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)
 Deprivation or threat of deprivation of financial resources and the right to the
use of the conjugal, community, or commonly-owned property
 Destroying household property
 Controlling the victim’s own money or properties or solely controlling the
conjugal money or properties

How is “BATTERED WOMEN SYNDROME” defined

Under the law?

“Battered Women Syndrome”

  A scientifically defined pattern of psychological and behavioral symptoms found in women living
in battering relationships as a result of cumulative abuse.
1. Victim does not incur criminal liability or civil liability;
2. A victim with BWS is not disqualified from having custody of her children
3. Perpetrator of a woman with BWS shall not have custody of minor children
4. Court shall be assisted by an expert psychiatrist/psychologist in the determination of the
state of mind of victim-survivor.
What is a protection order?
It is an order which aims to :
 Order issued to prevent further acts of violence against a woman or her child
 Safeguard the victim from further harm;
 Minimize any disruption in the victim’s everyday life; and
 Help the victim to regain control over her life.
Kinds of Protection Orders
 Barangay Protection Order (BPO)
 Temporary Protection Order (TPO)
 Permanent Protection Order ( PPO)
Where can you get the protection orders?
o Regional Trial Court or

o Municipal Trial Court

o Barangay

How can Barangay Protection Order help the victim

The Brgy. Protection Order(BPO) which is effective for 15 days is issued and personally served by the
punong barangay/kagawad and orders the respondent to:
 Stop threatening the victim, and
 Stop harassing, annoying, or contacting the victim by any means, directly or indirectly
 No mediation or conciliation of acts of VAWC in the barangay

Who can file for a protection order?
Note: VAWC is a “PUBLIC CRIME”
 The offended party
  Parents or guardians of the offended party
 Ascendants, descendants, or collateral relatives w/in the 4 th civil degree or consanguinity or
affinity
 Officers or social workers and LGU
 Police officers, preferably women and children’s desks
 Punong barangay or brgy. Kagawad
 Lawyer, counselor, therapist, or healthcare provider of the petitioner
How does one apply for a protection order?
The application must be in writing, signed, and verified under oath by the applicant. It includes:
 Names and addresses of petitioner and respondent ;
 Description of relationships between petitioner and respondent;
 A statement of the circumstances of the abuse;

How about if the applicant for Protection Order is not the victim?
 The application must be accompanied by an affidavit of the applicant stating:
1. The circumstances of the abuse suffered by the victim
2. Circumstances of the consent given by the victim for the application
How to apply for a BPO (Sec. 14(a)
 Application for BPO in writing, signed by the petitioner in a language understood by her
 Attested by the Barangay Captain who has jurisdiction over the application
 Barangay captain/kagawad to assist petitioner
 If barangay captain is “unavailable to act” on the application , ANY BARANGAY KAGAWAD
 The barangay kagawad will just have attest that BC was unable to act on the application

Duties of Barangay Officials and Law Enforcer

 Respond immediately to a call for help or request for assistance or protection of the victim by
entering the necessary 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 safe a place of their choice or to a clinic or hospital;
 Assists the victim in removing personal belongs from the house; and
 Assist the barangay officials and other government officers and employees who respond to a call
for help;
What if the barangay captain/kagawad refuses to issue BPO?
 If the application clearly merit and he/she refuses to issues a BPO or does not issue a BPO on the
same day, the barangay official can be administratively liable. ( based on Sec. 18 R.A. 9262)
 Within 24 hours from the issuance of the BPO, the barangay is obligated to help the victim file
TPO/PPO
 If the victim cannot afford the fare, the barangay must provide and not the police (Sec.14(f), IRR
of R.A. 9262)
TEMPORARY PROTECTION ORDER( TPO)
 Refers to the protection order issued by the court on the date of filling application after ex parte
determination that such order should be issued. A court grant in a TPO any, some or all of the
relief mentioned in this act and shall be effective for thirty (30) days and can be extended.

How to apply for a Temporary Protection Order?

 The application 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 issues thereof partakes of a
violence as described in RA 9262
PERMANENT PROTECTION ORDER (PPO)
Refers to the protection order issued by the court after notice and hearing. 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 if the PPO is on the respondent.
Where to apply for a protection order
 RTC ( Regional Trial Court), MTC( Municipal Trial Court), MCTC( Municipal Circuit Trial
Court) with territorial jurisdiction over the place of residence of the petitioner, except if there is a
family court.
 File is with the RTC with territorial jurisdiction over the place of residence of the petitioner

RELIEF
The reliefs that may be granted under the TPO and PPO are the FF:
 Prohibit the accused from committing any acts of violence;
 Prohibit the accused from harassing or communicating with the petitioner;
 Removal and exclusion of the respondent from the residence of the petitioner
  Granting temporary or permanent custody of a child/children to the petitioner;
 Directing the respondent to provide support to the woman and/or her child if entitled to legal
support
 Prohibition of the respondent from any use or possession of any firearm or deadly weapon and
order him to surrender the same to the court
 Restitution for actual damages caused by the violence inflicted, including, but not limited to,
property damage, medical expenses, childcare expenses, and loss of income.
 Directing the DSWD or any appropriate agency to provide the petitioner may need; and
 Provision of such other forms of relief as the court deems necessary

What if the victim has no lawyer to assist her?

 The victim can go to the clerk of court, who has the duty to help her fill up a pro-forma petition.
EXEMPT FROM LIABILITY
 Any person, police authority, or barangay official who, acting in accordance with the law,
intervenes without using violence to ensure the safety of the victim, shall not be held
liable for any criminal, civil, or administrative act.
PENALTIES
 Acts falling under Section 5(a) “ causing physical harm to the woman or her child” constitute
attempted, frustrated, or consummated parricide or murder, or homicide
 Shall be punished in accordance with the provisions of the Revised Penal Code
If these acts resulted in mutilation:
 Shall be punished in accordance with the Revised Penal Code
 Those constituting serious physical injuries shall have the penalty of prison mayor
( imprisonment of 6 years and 1 day to 12 years)
 Those constituting less serious physical injuries shall be punished by Prison
Correccional ( imprisonment of 6 months and 1 day to 6 years.)
 Those constituting slight physical injuries shall be punished by Arresto Mayor
( imprisonment of 1 month and 1 day to 6 months.)
 Acts falling under Section 5 (b) “ Threaten to cause the woman or her child physical
harm” shall be punished by imprisonment of two degrees lower than the prescribed
penalty for the consummated crime as specified in the preceding paragraph but shall In
no case be lower than arresto mayor.
 Section 5 (c) Attempting to cause the woman or her child physical harm; and
 Section 5(d) Placing woman or her child in fear of imminent physical harm
 Shall be punished by arresto mayor (imprisonment of 1 month and 1 day to 6 months.)
 Section 5(e) Attempting to compel the victim to engage in conduct which the woman or
her child has the right to desist; or attempting to restrict or restricting the victim’s
freedom of movement, or any conduct by force or threat of physical or other harm,or
intimidation directed against the woman or child”
 Shall be punished by prison correccional (imprisonment of 6 months 1 day to 6 years.)
 Section 5(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
 Shall be punished by arresto mayor ( imprisonment of 1 month and 1 day to 6 months.)
 Acts falling under section 5 (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.
 Shall be punished by prison mayor ( imprisonment of 6 years and 1 day to 12 years.)
 Section 5 (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 ; and
 Section 5 (i) Causing mental or emotional anguish, public ridicule or humiliation to the
woman or her child
 Shall be punished by prison mayor ( imprisonment of 6 years and 1 day to 12 years.)
 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 prescribed in the
section.
 In addition to imprisonment, the perpetrator shall
 (a) pay a fine in the amount of not less than ONE HUNDRED THOUSAND PESOS
(100,000)
 but not more than THREE HUNDRED THOUSAND PESOS (300,000)
 Undergo mandatory psychological counseling or psychiatric treatment and shall report
compliance to the court.

Tayo’y maninidigan…
Karapatan ng mga bata
At kababaihan
ITAGUYOD, PROTEKSYONAN
IPAGLABAN