ANTI-VIOLENCE AGAINST WOMEN Republic Act No.

9262
AND THEIR CHILDREN ACT March 8, 2004
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN
Physical, sexual, psychological,
or economic abuse committed by
a person
AGAINST WHOM?
1) against a woman
- wife, or former wife; or
- with whom the offender has or had a sexual or
dating relationship; or
- with whom the offender has a common child
SEXUAL OR DATING Sexual Relations
RELATIONSHIP
- single sexual act
which may or may not
result in the bearing
of a common child
SEXUAL OR DATING Dating Relationship
RELATIONSHIP - 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
- a casual acquaintance or
ordinary socialization between
two individuals in a business or
social context is not a dating
relationship
AGAINST WHOM?
2) against the woman’s child
- whether legitimate or illegitimate,
- below 18 years old, or
- above 18 years old but incapable of taking care
of himself
 ISSUE: Whether the Anti-VAWC Act is
CASE constitutional or not on the ground that it is
violative of the equal protection clause of
GARCIA vs. DRILON the Constitution by favoring women over
men as victims of violence and abuse
G.R. No. 179267
June 25, 2013
Justice Perlas-Bernabe
 RULING: The Constitution does not require
CASE that things which are different in fact be
treated in law as though they were the
GARCIA vs. DRILON same. The equal protection clause does
not forbid discrimination as to things that
G.R. No. 179267
are different. It does not prohibit
June 25, 2013 legislation which is limited either in the
Justice Perlas-Bernabe object to which it is directed or by the
territory within which it is to operate.
 RULING: The equal protection of the laws
CASE clause of the Constitution allows
classification. Classification in law, as in
GARCIA vs. DRILON the other departments of knowledge or
practice, is the grouping of things in
G.R. No. 179267
speculation or practice because they
June 25, 2013 agree with one another in certain
Justice Perlas-Bernabe particulars.
 RULING: R.A. 9262 rests on substantial
CASE distinctions:
-Unequal power relationship between men
GARCIA vs. DRILON and women
G.R. No. 179267 -Statistics showing that women are more
June 25, 2013 likely than men to be victims of violence
Justice Perlas-Bernabe -Widespread gender bias and prejudice
against women
 RULING: The distinction between men and
CASE women is germane to the purpose of R.A.
9262, which is to address violence
GARCIA vs. DRILON committed against women and children,
spelled out in Section 2 of the Act:
G.R. No. 179267
June 25, 2013
Justice Perlas-Bernabe It is hereby declared that the State values
the dignity of women and children and
guarantees full respect for human rights.
 RULING: The application of R.A. 9262 is
CASE not limited to the existing conditions when
it was promulgated, but to future
GARCIA vs. DRILON conditions as well, for as long as the
safety and security of women and their
G.R. No. 179267
children are threatened by violence and
June 25, 2013 abuse.
Justice Perlas-Bernabe R.A. 9262 applies equally to all women
and children who suffer violence and
abuse.
 RULING: VAWC may likewise be
CASE committed "against a woman with whom
the person has or had a sexual or dating
GARCIA vs. DRILON relationship." Clearly, the use of the
gender-neutral word "person" who has
G.R. No. 179267
or had a sexual or dating relationship
June 25, 2013 with the woman encompasses even
Justice Perlas-Bernabe lesbian relationships.
PHYSICAL VIOLENCE
- Infliction of bodily harm
- Includes, but not limited to forms like:
1) battery the act of inflicting physical harm
2) assault resulting to physical and psychological
3) coercion or emotional distress
4) harassment
5) arbitrary deprivation of liberty
SEXUAL VIOLENCE
- An act which is sexual in nature
- Includes, but not limited to forms like:
1) rape, sexual harassment, acts of lasciviousness
2) treating the woman/child as a sex object
3) making demeaning and sexually suggestive remarks
4) physically attacking the sexual parts of the body
5) forcing to watch obscene publications and indecent
shows
SEXUAL VIOLENCE

6) forcing to do indecent acts or make films thereof

7) forcing the wife and mistress/lover to live in the conjugal
home or to sleep together in the same room with the
abuser
8) 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
9) prostituting the woman/child
PSYCHOLOGICAL VIOLENCE
- Acts or omissions causing or likely to cause mental or
emotional suffering
- Includes, but not limited to forms like:
1) intimidation
2) harassment
3) damage to property
4) public ridicule or humiliation
PSYCHOLOGICAL VIOLENCE

5) repeated verbal abuse

6) marital infidelity
7) causing or allowing the victim to witness the abuse of
a member of the family to which the victim belongs
8) causing or allowing the victim to witness
pornography in any form
PSYCHOLOGICAL VIOLENCE

9) causing or allowing the victim to witness abusive

injury to pets
10) unwanted deprivation of the right to custody
and/or visitation of common children
11) stalking the act of following the victim or
putting said victim under surveillance
without justification
 Section 5(i) of R.A. No. 9262:
CASE
Causing mental or emotional anguish,
public ridicule or humiliation to the
DINAMLING vs PEOPLE woman or her child, including, but not
G.R. No. 199522 limited to, repeated verbal and
June 22, 2015
emotional abuse, and denial of financial
support or custody of minor children or
Justice Peralta access to the woman's child/children
 Elements of the crime:
CASE
(1) The offended party is a woman
and/or her child or children;
DINAMLING vs PEOPLE (2) The woman is either the wife or former
G.R. No. 199522 wife of the offender, or is a woman with
June 22, 2015
whom the offender has or had a sexual or
dating relationship, or is a woman with
Justice Peralta 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;
 Elements of the crime:
CASE
(3) The offender causes on the woman
and/or child mental or emotional anguish;
DINAMLING vs PEOPLE and
G.R. No. 199522 (4) The anguish is caused through acts of
June 22, 2015
public ridicule or humiliation, repeated
verbal and emotional abuse, denial of
Justice Peralta financial support or custody of minor
children or access to the children or similar
such acts or omissions.
ECONOMIC ABUSE
- Acts that are intended to make the woman financially
dependent
- Includes, but not limited to forms like:
1) withdrawal of financial support
2) preventing the woman from engaging in any
legitimate profession, occupation, business, or
activity*
3) deprivation or threat of deprivation of financial
resources*
ECONOMIC ABUSE

4) destroying household property

5) controlling the victim’s own money or properties
or solely controlling the conjugal money or
properties
ACTS CONSTITUTING THE CRIME OF VIOLENCE
1) Causing physical harm to the woman or her
child;
2) Threatening to cause the woman or her child
physical harm;
3) Attempting to cause the woman or her child
physical harm;
4) Placing the woman or her child in fear of
imminent physical harm;
ACTS CONSTITUTING THE CRIME OF VIOLENCE
5) 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,
- or attempting to restrict or restricting the woman's or
her child's freedom of movement or conduct by force,
threat, or intimidation
ACTS THAT CONTROL/ 1) Threatening to deprive or
RESTRICT MOVEMENT OR actually depriving the woman
CONDUCT or her child of custody to
her/his family
2) Depriving or threatening to
deprive the woman or her
children of financial support
legally due her or her family
3) Deliberately providing the
woman's children insufficient
financial support;
ACTS THAT CONTROL/ 4) Depriving or threatening to
RESTRICT MOVEMENT OR deprive the woman or her
CONDUCT child of a legal right
5) Preventing the woman in
engaging in any legitimate
profession, occupation,
business or activity
6) Controlling the victim's own
money or properties, or solely
controlling the conjugal or
common money, or properties
ACTS CONSTITUTING THE CRIME OF VIOLENCE
7) Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
8) 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
ACTS CONSTITUTING THE CRIME OF VIOLENCE
9) 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
CONDUCT THAT a) Stalking or following the
woman or her child in
ALARMS OR CAUSES public or private places;
SUBSTANTIAL b) Peering in the window or
lingering outside the
EMOTIONAL OR residence of the woman or
PSYCHOLOGICAL her child;
c) Entering or remaining in the
DISTRESS dwelling or on the property
of the woman or her child
against her/his will;
CONDUCT THAT d) Destroying the property
and personal belongings
ALARMS OR CAUSES or inflicting harm to
SUBSTANTIAL animals or pets of the
EMOTIONAL OR woman or her child; and
PSYCHOLOGICAL e) Engaging in any form of
DISTRESS harassment or violence
ACTS CONSTITUTING THE CRIME OF VIOLENCE
10) 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
PENALTIES
Causing physical harm If constituting attempted, frustrated or
to the woman or her consummated parricide or murder or
homicide, these acts shall be punished
child in accordance with the provisions of
the Revised Penal Code.
If these acts resulted in mutilation, it
shall be punishable in accordance with
the Revised Penal Code
PENALTIES
Causing physical harm Those constituting serious physical
injuries shall have the penalty of
to the woman or her prison mayor
Those constituting less serious
child physical injuries shall be punished
by prision correccional
Those constituting slight physical
injuries shall be punished by
arresto mayor
PENALTIES
Threatening to cause Imprisonment of two degrees
the woman or her child lower than the prescribed
penalty for the consummated
physical harm crime as specified in the
preceding paragraph
But in no case shall be lower
than arresto mayor
PENALTIES
Attempting to cause the Arresto mayor
woman or her child
physical harm

Placing the woman or

her child in fear of
imminent physical harm;
PENALTIES
Attempting to compel or Prision correccional
compelling to engage in
conduct in which the victim
has the right to desist from or
engage in, or attempting to
restrict or restricting freedom
of movement or conduct by
force, intimidation, or threats
PENALTIES
Inflicting or threatening to inflict Arresto mayor;
physical harm on oneself for the
purpose of controlling her actions
or decisions

Causing or attempting to cause

the woman or her child to
Prision mayor
engage in any sexual activity
PENALTIES
Conduct that alarms or Prision mayor
causes substantial
emotional or psychological
distress

Causing mental or
emotional anguish, public
ridicule or humiliation
PENALTIES
Pay a fine in the amount of not
In addition to less than P100,000.00 but not
imprisonment: more than P300,000.00;
Undergo mandatory
psychological counseling or
psychiatric treatment; and
Report compliance to the court
DURATION AND EFFECTS  Prision Mayor and Temporary
Disqualification- 6 years and 1 day to 12
OF PENALTIES years
Prision correccional, suspension, and
destierro- 6 months and 1 day to 6 years
Arresto Mayor- 1 month and 1 day to 6
months
Arresto Menor- 1 day to 30 days
Bond to keep the peace— The bond to keep
the peace shall be required to cover such
period of time as the court may determine.
AGGRAVATING CIRCUMSTANCES
Effect: The prescribed
penalty shall be in the
MAXIMUM period
Commission of the foregoing
acts:
1) While the woman or child is
pregnant; or
2) In the presence of her child
DEFENSES
PROHIBITED VALID DEFENSE
Being under the influence of: Battered Woman Syndrome
1) alcohol - scientifically defined
2) illicit drug(s) pattern of psychological
and behavioral symptoms
3) any other mind-altering
substance found in women living in
battering relationships as a
result of cumulative abuse
DEFENSES : BATTERED WOMAN SYNDROME
- Women who suffer from this syndrome do not incur
any criminal and civil liability, notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense
- Will not automatically disqualify the woman from
having custody of her children
DEFENSES : PERSON WHO RESPONDS/INTERVENES
Any person, private individual, or police or
barangay official:
- Acting in accordance with law, responds or
intervenes without using violence or restraint greater
than necessary to ensure the safety of the victim
- Exemption from any criminal, civil, or
administrative liability arising therefrom
REMEDIES OF VICTIMS
1) Criminal action, with or without
reservation of a separate civil
action
2) Civil action for damages
3) Protection order without claiming
damages
COMPROMISE
No compromise on any act constituting the crime
of violence against women and their children
VENUE
GENERAL RULE:
Regional Trial Court designated as a Family Court has
original and exclusive jurisdiction over VAWC cases.
Total of sixty-nine (69) RTC designated as a Family Court
as of date.
EXCEPTION:
If there is no Family Court in the place where the
offense is committed, in the RTC where the crime or any
of its elements was committed
 ISSUE: Whether Philippine Courts exercise
CASE jurisdiction over an offense constituting
psychological violence under the Anti-VAWC
AAA vs. BBB Act of 2004, committed through marital
infidelity, when the alleged illicit relationship
G.R. No. 212448
occurred or is occurring outside of the
January 11, 2018 country
Justice Tijam
 RULING: What R.A. No. 9262 criminalizes is not
CASE the marital infidelity per se but the psychological
violence causing mental or emotional suffering on
the wife.
AAA vs. BBB
Section 7 provides that the case may be filed
G.R. No. 212448 where the crime or any of its elements was
January 11, 2018 committed at the option of the complainant. Which
the psychological violence as the means employed
Justice Tijam by the perpetrator is certainly an indispensable
element of the offense, equally essential also is the
element of mental or emotional anguish which is
personal to the complainant.
 RULING: What may be gleaned from Section 7 of
CASE R.A. No. 9262 is that the law contemplates that
acts of violence against women and their children
may manifest as transitory or continuing crimes;
AAA vs. BBB meaning that some acts material and essential
G.R. No. 212448 thereto and requisite in their consummation occur in
one municipality or territory, while some occur in
January 11, 2018 another. Thus, a person charged with a continuing
Justice Tijam or transitory crime may be validly tried in any
municipality or territory where the offense was in
part committed.
 RULING: It is necessary, for Philippine courts to
CASE have jurisdiction when the abusive conduct or act
of violence was committed outside Philippine
territory, that the victim be a resident of the place
AAA vs. BBB where the complaint is filed in view of the anguish
G.R. No. 212448 suffered being a material element of the offense.
January 11, 2018
Justice Tijam In the present scenario, the offended wife and
children of respondent husband are residents of
Pasig City since March of 2010. Hence, the RTC of
Pasig City may exercise jurisdiction over the case.
PROTECTION ORDERS : PURPOSE
- Prevent further acts of violence against the victim(s)
- Minimize disruption in their daily lives
- Facilitate the opportunity and ability to
independently regain control over their lives
 ISSUE: Whether the Anti-VAWC Act is
CASE constitutional or not on the ground that it is
violative of the due process clause of the
GARCIA vs. DRILON Constitution, specifically in the issuance of
Protection Orders
G.R. No. 179267
June 25, 2013
Justice Perlas-Bernabe
 RULING: The scope of reliefs in protection
CASE orders is broadened to ensure that the
victim or offended party is afforded all
GARCIA vs. DRILON the remedies necessary to curtail access
by a perpetrator to the victim. This serves
G.R. No. 179267
to safeguard the victim from greater risk
June 25, 2013 of violence.
Justice Perlas-Bernabe Time is of the essence in cases of VAWC if
further violence is to be prevented
 RULING: The grant of a TPO ex parte
CASE cannot, therefore, be challenged as violative
of the right to due process. Just like a writ of
preliminary attachment which is issued
GARCIA vs. DRILON
without notice and hearing because the time
G.R. No. 179267 in which the hearing will take could be
June 25, 2013 enough to enable the defendant to abscond
or dispose of his property, in the same way,
Justice Perlas-Bernabe the victim of VAWC may already have
suffered harrowing experiences in the hands
of her tormentor, and possibly even death, if
notice and hearing were required before
such acts could be prevented
PROTECTION ORDERS : WHO MAY FILE
Any of the following:

1) The offended party;

2) Parents or guardians of the offended party;
3) Ascendants, descendants or collateral relatives within the fourth civil
degree of consanguinity or affinity;
4) Officers or social workers of the DSWD or social workers of local
government units (LGUs);
PROTECTION ORDERS : WHO MAY FILE
Any of the following:

5) Police officers, preferably those in charge of women and children's

desks;
6) Punong Barangay or Barangay Kagawad;
7) Lawyer, counselor, therapist or healthcare provider of the petitioner;
8) 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
PROTECTION ORDERS : HOW TO APPLY
APPLICATION FOR PROTECTION ORDER
Considered an application for both a TEMPORARY
and PERMANENT Protection Order
PROTECTION ORDERS : HOW TO APPLY

APPLICATION FOR PROTECTION ORDER

Petition for Affidavit of the

Protection Applicant
Order
PETITION FOR
PROTECTION ORDER
o Written, signed, and
verified under oath
o May be filed as an
independent action or
incidental relief
o Using the standard
protection order form
written in English with translation to the major local languages
Required information:
a) names and addresses of petitioner and
respondent;
b) description of relationships between
petitioner and respondent;
c) a statement of the circumstances of the
abuse;
d) description of the reliefs requested by
petitioner as specified in Section 8 herein;
e) request for counsel and reasons for such;
f) request for waiver of application fees until
hearing; and
g) an attestation that there is no pending
application for a protection order in
another court.
AFFIDAVIT OF THE Required information:
APPLICANT a) Circumstances of the abuse suffered
by the victim; and
b) Circumstances of consent given by
o If the applicant is not the victim for the filling of the
application
the victim, the
When disclosure of the address of the
application must be victim will pose danger to her life, it shall
accompanied by the be so stated in the application. In such a
case, the applicant shall attest that the
Affidavit of the victim is residing in the municipality or city
over which court has territorial jurisdiction,
Applicant and shall provide a mailing address for
purpose of service processing.
AFFIDAVIT OF THE Required information:
APPLICANT a) Circumstances of the abuse suffered
by the victim; and
b) Circumstances of consent given by
o If the applicant is not the victim for the filling of the
application
the victim, the
When disclosure of the address of the
application must be victim will pose danger to her life, it shall
accompanied by the be so stated in the application. In such a
case, the applicant shall attest that the
Affidavit of the victim is residing in the municipality or city
over which court has territorial jurisdiction,
Applicant and shall provide a mailing address for
purpose of service processing.
PROTECTION ORDERS
1) Barangay Protection Order
2) Judicial Protection Order
3) Temporary Protection Order
4) Permanent Protection Order
BARANGAY PROTECTION
ORDER (BPO)

Application
Ex parte
• Filed with the Barangay of the
place of residence of the
applicant
BARANGAY PROTECTION
ORDER (BPO) BPO Effective for 15 days
• Issued by the Punong Barangay on the day
of filing of application
• If the Punong Barangay is not available,
BPO shall be acted upon by any available
Barangay Kagawad
• BPO shall contain an attestation by the
Barangay Kagawad to that effect
• Within 24 hrs from issuance, Punong
Barangay or Barangay Kagawad shall
assist the applicant in the filing an
application for Temporary or Permanent
Protection Order
BARANGAY PROTECTION Remedy In case of violation
ORDER (BPO) • Punong Barangay or Kagawad who issued
the BPO must file a complaint for violation
thereof with any MTC having territorial
jurisdiction

Refusal to file the Complaint

• Victim-survivor/applicant can file the
complaint
• Without prejudice to the appropriate
administrative, civil, or criminal action
against the barangay official
BARANGAY PROTECTION Appeal Judgment of violation of BPO

ORDER (BPO) • In accordance with the Rules of

Court
Issuance of
Protection Order Motu proprio

• May be issued during trial and upon

judgment without need of an application
JUDICIAL PROTECTION
ORDER (JPO)
o Verified Petition Application

• Filed with the Family Court of

the place of residence of the
offended party
• If there is no existing Family
Court, with the RTC/MTC having
territorial jurisdiction
JUDICIAL PROTECTION
ORDER (JPO)
Application

• Pendency of an application for

or grant of BPO will not bar the
filing of a Petition for JPO nor
the courts from granting the
petition
JUDICIAL PROTECTION
ORDER (JPO)
Docket
Fees and
other Fees
• No docket and other fees if the
offended party is:
• an indigent; or
• in imminent danger or threat
of danger
TEMPORARY
PROTECTION ORDER
(TPO) Issuance
o Effective for 30 days Ex parte
from service • If the court believes that there is
reasonable ground to believe
that an imminent danger of
violence exists or is about to
recur
TEMPORARY
PROTECTION ORDER
(TPO) Opposition

• Respondent may file an

opposition to the petition
personally verified by him,
accompanied by the affidavits
of his witnesses
TEMPORARY Prohibited Pleadings:
•Motion to dismiss the petition
PROTECTION ORDER except on the ground of lack of
(TPO) jurisdiction over the subject matter
or over the parties;
•Motion for extension of time to file
opposition, affidavit, position paper
and other pleadings;
•Dilatory motion for postponement;
•Motion for a bill of particulars;
TEMPORARY Prohibited Pleadings:
PROTECTION ORDER •Third-party complaint;
(TPO) •Reply;
•Motion to declare the respondent
in default;
• Intervention;
•Memorandum;
TEMPORARY Prohibited Pleadings:
PROTECTION ORDER •Petition for certiorari, mandamus
or prohibition against any
(TPO) interlocutory order issued by the
court;
•Motion for new trial, or for
reconsideration of a protection
order, or for reopening of trial;
and
•Petition for relief from judgment
PRELIMINARY CONFERENCE : MANDATORY
Failure to Appear
Petitioner Respondent
- GENERAL RULE: Petition shall - If Respondent appears without
be dismissed counsel, court shall appoint a
lawyer and immediately proceed
- EXCEPTION: If counsel or duly with the preliminary conference
authorized representative
appears in court and gives a -If the Respondent files his
justifiable reason for the Opposition but fails to appear
despite notice, Petitioner may
nonappearance present evidence ex parte
HEARING
- Governing rules: Revised Rules on Summary Procedure
- Testimony of an adult female victim and of an eyewitness-child
may be taken by live-link television
- History of Respondent’s abusive conduct may be admitted in
evidence even if the same was not directed against the victim, as
long as it is relevant
- The court cannot order or in any way influence the Petitioner to
compromise or abandon any of the reliefs sought
RELIEFS
- Any of the reliefs may be granted even in the absence of a
decree of legal separation, annulment, or declaration of absolute
nullity of marriage
- Lapse of time between the act of violence and filing of a petition
is not a sufficient ground for the denial of the issuance of a
protection order, unless barred by prescription
- Acquittal of the accused is not a ground to deny the issuance of a
protection order, unless it was clearly shown that the acts imputed
were not actually committed
RELIEFS
1) Prohibiting the respondent from threatening
to commit or committing, personally or
through another, acts of violence against the
offended party;
2) Prohibiting the respondent from harassing,
annoying, telephoning, contacting or
otherwise communicating in any form with the
offended party, either directly or indirectly;
RELIEFS
3) Removing and excluding the respondent from the
residence of the offended party, regardless of ownership
of the residence, either temporally for the purpose of
protecting the offended party, or permanently where no
property rights are violated. If the respondent must
remove personal effects from the residence, the court
shall direct a law enforcement agent to accompany the
respondent to the residence, remain there until the
respondent has gathered his things and escort him from
the residence
RELIEFS
4) Requiring the respondent to stay away from
the offended party and any designated
family or household member at a distance
specified by the court;
5) Requiring the respondent to stay away from
the residence, school, place of employment
or any specified place frequented regularly
by the offended party and any designated
family or household member;
RELIEFS
6) Directing lawful possession and use by the
offended party of an automobile and other
essential personal effects, regardless of
ownership, and directing the appropriate law
enforcement officer to accompany the offended
party to the residence of the parties to ensure that
the offended party is safely restored to the
possession of the automobile and other essential
personal effects;
RELIEFS
7) Ordering temporary or permanent custody of the
child/children with the offended party, taking into
consideration the best interests of the child. An
offended party 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 batterer
of a woman who is suffering from Battered
Woman Syndrome
RELIEFS
8) Directing the respondent to provide support 'o the
woman and/or her child, if entitled to legal import.
Notwithstanding other laws to the contrary, the court shall
order an appropriate percentage of the income or
salary of the respondent to be withheld regularly by his
employer and to automatically remit it directly to the
offended party. Failure to withhold, remit or any delay in
the remittance of support to the offended party without
justifiable cause shall render the respondent or his
employer liable for indirect contempt of court
RELIEFS
9) Prohibiting the respondent from carrying or possessing any
firearm or deadly weapon and ordering him to surrender the
same to the court for appropriate disposition, including revocation
of license and disqualification to apply for any license to carry or
possess a firearm. If the respondent is .a law enforcement agent,
the court shall order him to surrender his firearm and shall direct
the appropriate authority to investigate him and take appropriate
action thereon;
10) Directing the DSWD or any appropriate agency to prepare a
program of intervention for the offended party that provides
advocacy, temporary shelter, crisis intervention, treatment,
therapy, counseling, education, training and other social services
that the offended party may need
RELIEFS
11) Requiring the respondent to receive professional counseling from
agencies or persons who have demonstrated expertise and
experience in anger control, management of alcohol, substance
abuse and other forms of intervention to stop violence. The
program of intervention for offenders must be approved by the
court. The agency or person is required to provide the court with
regular reports of the progress and result of professional
counseling, for which the respondent may be ordered to pay; and
12) Awarding the offended party actual damages caused by the
violence inflicted, including, but not limited to, property damage,
medical expanses, childcare expenses and loss of income; and
compensatory, moral, and exemplary damages, subject to
Sections 26a and 35 of this Rule
RELIEFS
13)The court may grant such other
forms of relief to protect the
offended party and any
designated family or household
member who consents to such
relief.
APPEAL
- Within 15 days from notice of the judgment
- File a Notice of Appeal with the court that rendered the final
order or judgment

- NOTE: The appeal shall not stay the enforcement of the final
order or judgment.
BOND
- The court may also order any person, against whom a permanent
protection order is issued, to give a bond to keep the peace
- Orders the person to present two sufficient sureties who shall
undertake that the person will not commit the violence sought to be
prevented
- Failure to post the bond as required shall result in detention for a
period ranging from 30 days to 6 months, depending on the
nature of the act committed
ENFORCEABILITY OF PROTECTION ORDERS
- All Temporary Protection Orders and Permanent
Protection Orders are enforceable anywhere in the
Philippines
- Violation of protection orders is punishable with a
fine ranging from P5,000.00 to P50,000.00
and/or imprisonment of 6 months
CONFIDENTIALITY OF PROCEEDINGS
- All records of VAWC cases are confidential
- Violation: Publishing or causing to be published, in any format, the
name, address, telephone number, school, business address,
employer or other identifying information of the parties or an
immediate family or household member, without their consent or
without authority of the court
- Penalty: Contempt of court with 1 year imprisonment and fine of
not more than P500.00
CUSTODY OF CHILDREN
- The mere fact that the victim is suffering from
battered woman syndrome will not automatically
disqualify her from having custody of her
children
- Children below 7 years old or older with mental or
physical disabilities shall automatically be given to
the mother, with right to support
LEAVE FOR VAWC VICTIMS
- Paid leave of absence up to 10 days
- This is in addition to the other paid leaves under the
Labor Code and Civil Service Rules and Regulations
- Extendible when the necessity arises
- The leave is noncumulative and not convertible to cash
if unused
LEAVE FOR VAWC VICTIMS : CONDITIONS
1) Certification from the Punong Barangay/Kagawad,
Prosecutor or the Clerk of Court, as the case may be,
that a case for VAWC is pending; and
2) The availment of the 10-day leave shall cover only the
days when she has to attend to medical and legal
concerns
QUESTION/S
Is VAWC committed by Women can also be liable
men alone? under the law. These are the
lesbian partners/girlfriends
or former partners of the
victim with whom she has or
had dating relationship.
QUESTION/S
What if the male - He may file a complaint or
spouse/partner case under the Revised Penal
complains about abuses Code.
committed by his
wife/partner?
SEEK HELP
 Barangay VAW Desk in your
Barangay Hall
 Provincial/City/Municipal Social
Welfare and Development Office of
Local Government Units
 Department of Social Welfare and
Development (DSWD)Philippine
National Police (PNP)
 National Bureau of Investigation
(NBI)
DOJ –Public Attorney’s Office
(DOJ-PAO)
UP-PGH Women’s Desk
Women’s Crisis Center (WCC)
THANK YOU! 