THE ANTI-VIOLENCE

AGAINST WOMEN AND THEIR

CHILDREN ACT (RA 9262)
GARCIA vs. DRILON

Whether or not RA 9262 is discriminatory, unjust and violative of the

equal protection clause?
WHAT IS VAWC?
“Violence Against Women and their Children”
- An act or series of acts that result or is likely to result,
in physical, sexual or psychological harm or suffering of
a woman and her children, including economic abuse.
 Who are liable for VAWC?
a) Husband
b) Ex-husband
c) The man or a woman with whom the victim has or had a dating or sexual
relationship
d) The man with whom she has a child
 Can a woman who is not married to the
offender be protected by the Anti-VAWC Act?
What if there is no sexual act? What if the
offender and the victims are just dating?
 Can a woman who had a single sexual act
with the offender file a case under RA 9262?
 What acts are included in VAWC?
1. Physical violence;
2. Sexual violence;
3. Psychological violence;
4. Economic Abuse; and
5. Other forms of violence
 What is physical violence?
- Refers to acts that include bodily or physical harm.
 What is psychological violence?
- Refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim.
 What is Economic Abuse?
- Refers to an act which makes or attempts to make the woman financially
dependent to the offender.
When the husband refuses to give sufficient
support to his wife, is that an act of VAWC?
 What is “Sexual Violence”?
- Includes rape, sexual harassment or acts of lasciviousness.
Can a husband who forces his wife to have
sexual intercourse be liable under 9262?
 What are the reliefs available to the
woman victim under RA 9262?
1. Apply for a Protection Order;
2. File a criminal complaint for violation of RA 9262; and
3. File an action for damages.
Who can file for a Petition for Temporary Protection
order and Permanent Protection Order?
a) The woman victim;
b) Parent or guardian;
c) Relatives within the 4th civil degree of consanguinity or affinity;
d) Social workers;
e) Police Officers;
f) Punong Barangay or Barangay Kagawad;
g) Lawyers, therapists, counsellor, or health care provider of the woman; or
h) At least two (2) responsible citizens of the city of municipality where the
VAWC occurred who have personal knowledge of the violence committed
How does one get a Temporary Protection
Order or Permanent Protection Order?

- You just need to file a Verified Petition with the Family Court of the place
where you live at the present.
What if the woman doesn’t have a lawyer?
 What reliefs may be granted in the TPO
and PPO?
a) Prohibiting the respondent from threatening to commit or committing any act of VAWC;
b) Prohibiting respondent from harassing, annoying, or communicating the woman;
c) Removing the respondent from the house where the woman lives;
d) Directing respondent to stay away;
e) Direct and automatic remittance of the respondent’s salary;
f) Granting temporary or permanent custody of the minor children;
g) Directing possession and use to the woman of personal belongings regardless of ownership;
h) Cancellation of firearm license;
i) Payment for property damages, medical and childcare expenses and loss of income; or
j) Directing the DSWD to provide services and shelter.
What other civil cases can be filed together with
the Petition for the Issuance of a TPO or PPO?
Can a woman file a criminal case?
What are the penalties for violation of the
Anti-Vawc Act?
a) Parricide- life imprisonment
b) Murder- 17 years, 4 months and 1 day to life imprisonment
c) Homicide- 17 years, 4 months and 1 day imprisonment
d) For deprivation of financial support- 6 months, 1 day to 2 years, 4 months
imprisonment
e) For verbal abuse- 6 years, 1 day to 12 years of imprisonment
f) For threats of physical violence- 4 months, 1 day to 6 months
imprisonment.
Until when can you file a criminal case for
the violation of RA 9262?
Mary was so scared of her live-in partner that she only decided to file
the complaint for violation of RA 9262 three (3) years after his last
physical violence and they separated. Can she still file the complaint?
 What are the rights of VAWC victims
under the Anti-VAWC Act?
a) To be treated with respect and dignity;
b) To avail of legal assistance from the Public Attorney’s Office (PAO) of the
DOJ or legal assistance office of the city, municipality or provincial
government (LGUs);
c) To be entitled to support services from the DSWD and LGU;
d) To be entitled to all legal remedies and support as provided for in 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.
What is Battered Woman Syndrome (BWS)?
- Refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in bettering situations as a result of
cumulative abuse.
How will it be proven that the woman has
BWS?
What if it is proven in court that the
woman has BWS?
Is a woman diagnosed with BWS disqualified
from having custody of her children?
 If the father of a minor child does not give financial
support, what criminal cases can be filed against him?
 Is the husband who is depriving his wife of custody of
their minor children liable under the Anti-VAWC Act?
 Is there any liability for persons who come to the aid of the
woman when they enter her house upon hearing her shouts for
help?
Can the Judge advice the woman to reconcile with her husband
or partner or compromise or withdraw her civil case for
protection order or criminal case?
What is Battered Woman Syndrome (BWS)?
- Refers to a scientifically defined pattern of psychological and behavioral
symptoms found in women living in bettering situations as a result of
cumulative abuse.
 Kinds of Protection Order
1. Barangay Protection Order
- Issued by Punong Barangay or Barangay Kagawad;
- Effective for 15 days only
- Ordering the offender to desist from committing physical harm or threat.

2. Temporary Protection Order

- Issued by the court on the day of the filing of the petition
- Ex Parte
- Effective for thirty (30) days but may be extended;

3. Permanent Protection Order

- Issued after notice and hearing
 What can the woman do if the barangay official failed or
refused to issue the BPO withing 24 hours from application?

a) File an administrative complaint against the barangay official to perform her

duties;
b) Go to police station to complain against the perpetrator;
c) Go directly to the Clerk of Court of the Family Court where the woman lives and
request assistance in filing for a protection order.
Can the perpetrator be arrested even without warrant
by the barangay officials or tanod or by the police?
What will happen if the perpetrator
violates the BPO?
End of discussion…