ANTI-VIOLENCE

AGAINST WOMEN AND

THEIR CHILDREN ACT
OF 2004: RA 9262
 Forms of Abuse:
a. Physical Violence
b. Sexual violence
Prostituting the woman or her child

c. Psychological violence
Marital Infidelity
d. Economic abuse
Children – refers to those below
eighteen (18) years of age or
older but are incapable of
taking care of themselves
 biological
 adopted
 foster
 relative
 other children
"Battered Woman Syndrome"
refers to a scientifically
defined pattern of
psychological and
behavioral symptoms found
in women living in battering
relationships as a result of
cumulative abuse.
 "Sexual relations"
refers to a single sexual
act which may or may
not result in the
bearing of a common
child
 Who may
commit?

ANY PERSON
 Who may be the victim:
• Wife or former wife of the offender
• A woman with whom the offender
(male/female) has or had a sexual or
dating relationship
• A woman with whom the offender (male)
has a common child
• A child, whether legitimate or illegitimate,
within or without the family abode
 SALIENT FEATURES
OF RA 9262

1.Penalizes crime of
VAWC –
public offense
 SALIENT FEATURES
OF RA 9262

2. Provides for
Protection Order
* BPO
* TPO
* PPO
 SALIENT FEATURES
OF RA 9262

3.Battered Wife
Syndrome ( BWS)
is a defense
 SALIENT FEATURES
OF RA 9262

4. Defines the duties of

barangay officials,
law enforcers and
healthcare providers
SALIENT FEATURES
OF RA 9262

5. Training of
personnel and
development of
programs for
VAWC
PUNISHABLE ACTS

 Causing, attempting or threatening

physical harm to the woman or her
child
 Placing the woman or her child in fear
of imminent physical harm
> threatening to deprive or actually
depriving the woman or her child of
custody to her/his family; or depriving or
threatening to deprive the woman or her
children of financial support; or preventing
the woman in engaging in any legitimate
profession, occupation, business, or
controlling the victim’s own money or
properties, or solely controlling the conjugal
or common money or properties
> inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions
or decisions
> causing or attempting to cause the woman or
her child to engage in any sexual activity
> stalking
> causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including but not limited to repeated verbal &
emotional abuse, & denial of financial support or
custody of minor children
Remedies =
A) Barangay Protection Order
> refers to order issued by the
Punong Barangay or when he or she
is unavailable, by any kagawad,
ordering the perpetrator to desist from
committing physical harm or threat of
physical harm against the victim. It is
effective for 15 days and is not
extendible.
B) Petition for Temporary and/or
Permanent Protection Order
> is an order issued under this Act for the
purpose of preventing further acts of
violence against a woman or her child and
granting other necessary relief. The venue
for P.O. is the Family Court where the
woman resides or if there is no Family
Court, at the RTC. The TPO is effective for
30 days, extendible until a decision is
rendered whether the P.O. should be made
permanent or not.
A TPO grants the woman or her child
immediate or emergency relief and
includes an order for the respondent to :
> stay away from the petitioner and designated
places
> leave the residence regardless of ownership
> deliver to the petitioner a vehicle
> surrender firearms
> put up a bond to keep the peace
Prohibited Defense
Being under the influence of
alcohol.
Illegal drugs or other mind-
altering substances.
Who may file for BPO
Victim/offended party;
Parents/guardian of OP;
Ascendants/ descendants or
collateral relation within 4th civil
affinity & consanguinity;
Officers/SW of DSWD
Police officers, preferrably WCPC
Who may apply:
Punong Barangay/Kagawad

Lawyer, Counselor, Therapist,

healthcare provider of petitioner;

At least 2 concerned responsible

citizen where violence occurred and
has personal knowledge. (Section9)
How to apply:
May be an independent action or
incidental relief (TPO&PPO)

Standard application form, in

English with translation in major
local languages
Contents of Application:
1. Names/address of petitioner &
respondents;
2. Description of relationship between
petitioner and respondents;
3. Statement of the circumstances of
abuse;
4. Description of relief requested (sec.
8);
5. Request for counsel and reasons for
such;
6. Request for waiver of application fees
until hearing;
7. Attestation: no pending application for
PO in another court (section 11);
If applicant is not the victim
Affidavit of applicant attesting to:
Circumstances of abuse;
Circumstances of consent for filing by
the victim;
 Section 30.
Mandatory Period for Acting on
Applications for Protection Orders

Failure to act on an application

for a protection order within the
reglamentary period without
justifiable cause shall render the
official or judge administratively
liable.
 Section 30.
Duties and Functions of Barangay Officials

Confiscate any deadly

weapon in the
possession of the
perpetrator or within
plain view
 Section 30.
Duties and Functions of Barangay Officials

Transport or escort the

victim to a safe place of
her choice or to a clinic
or hospital
 Section 30.
Duties and Functions of Barangay Officials

Assist the victim in

removing personal
belongings from the
house
 Section 30.
Duties and Functions of Barangay Officials

Assist the barangay

officials and other
government officers and
employees who respond
to a call for help
 Section 30.
Duties and Functions of Barangay Officials

Ensure the enforcement

of the BPO/TPO/PPO
issued
 Section 30.
Duties and Functions of Barangay Officials
Arrest the suspected perpetrator even
without a warrant when any of the
acts of VAWC is occurring, or when
he/she has personal knowledge that
any act of abuse has just been
committed, and there is imminent
danger to the life or limb of the
victim as defined in this Act
 Section 30.
Duties and Functions of Barangay Officials

Immediately report the call

for assessment or assistance
of the DSWD, Social
Welfare Department of
LGUs or accredited NGOs.
 Section 47 (IRR)
Duties and Functions of Barangay
Officials

In order to eliminate violence against women and

their children, barangay officials shall:

a. Undertake an education program on

Republic Act No. 9262
b. Have a family violence prevention program,
including peer counseling for men
 Section 47 (IRR)
Duties and Functions of Barangay Officials

c. Support organizing efforts and

development programs for women in
the community;

d. Prioritize livelihood projects for

victim-survivors;
e. Involve women in planning and
implementation of all programs and
projects in the barangay;

f. Have an anti-VAWC desk

officer in the barangay which shall
coordinate a one-stop help desk. As
much as possible, this help desk shall
be open for 24 hours;
g. Ensure that all barangay officials, barangay health
workers, barangay nutrition scholars, other
barangay workers and tanod or barangay
security officers undergo gender sensitivity
seminars;
h. Develop a system to document and report cases of
VAWC and assistance program to victims; and
i. prescribe additional guidelines and standards
with the Act. strictly observe the following steps
in handling VAWC cases at the Barangay level:

1. Barangay official shall immediately verify

report of VAWC. If necessary, seek the
assistance of the police;

2. Respond immediately to a call for help by

entering the dwelling whether or not a
protection order has been issued;
Interview the victim-survivors and the witnesses to
determine the facts,
inform the victim-survivors of their rights and
remedies.
document the interview in writing or record the
testimonies by audio or videotape with the consent
of the victim-survivor.
All records of VAWC cases shall be
CONFIDENTIAL
All public officers and employees and public or
private clinics or hospitals shall respect the right to
privacy of the victim-survivor;
4. Arrest the perpetrator even without a warrant:
when any of the acts of violence is occurring
when said barangay official has personal
knowledge that any act of abuse has just been
committed
and in the presence of imminent danger to the life
or limb of the victim-survivor.

5.
• If the perpetrator is not immediately
arrested, advise him or her to temporarily
leave the house to prevent violence, or
• encourage her/him to go to the barangay
center, DSWD, LGU or NGO, church or other
groups that provide counseling for
perpetrators;
6.) In cases where the victim-survivor applying for a BPO is a
minor, any barangay official shall assist the victim-survivor and
shall refer her/him to NGOs, social workers for counseling,
temporary shelter and other support services;
7.) Monitor compliance of the respondent with the BPO;
k) Ensure the safety and continued support to the victim-survivor
and her family during the 15-day period;
8) Assist the victim-survivors in filing the appropriate complaint with
the PNP Women and Children’s Protection Desk or other law
enforcement agencies;
9) Ensure that all pertinent documents of the said cases are
forwarded to the PNP Women and Children’s Protection Desk;
10) Have a separate logbook for complaints and cases of VAWC
and keep this confidential, always ensuring the privacy of the
victims;
o) Shall not attempt to influence the victim-survivor to abandon her
claims. All forms of amicable settlement under the Katarungang
Pambarangay such as mediation, settlement, conciliation, arbitration
SHALL NOT apply to cases of VAWC in the Act; and

p) If the relief requested or applied for involves the failure to provide

support to the woman or her children, especially for their education
and medical needs, the Punong Ba rangay or in his/her absence,
any kagawad, shall call the respondent for counseling and explain to
him his legal obligations to support his wife and/or minor children.
This shall not be construed to mean as a mode of conciliation or
mediation and must be done only with the presence of the
respondent, without the victim-survivor or applicant.
Administrative complaints against the barangay official for failure to
perform her or his duties shall be filed with the Sangguniang
Panglunsod or Bayan for gross neglect of duty or misfeasance.
Duties of Barangay Officials… irr
ANY BARANGAY OFFICIAL
WHO FAILS TO REPORT THE
INCIDENT SHALL BE LIABLE
FOR A FINE NOT EXCEEDING
TEN THOUSAND PESOS
(PhP 10,000) OR WHENEVER
APPLICABLE CRIMINAL, CIVIL
AND ADMINISTRATIVE
LIABILITY.
Section 43:
Persons
Intervening
Exempt from
Liability
Thank You !